General Terms and Conditions

of the webshop operated by

 

STÜHMER KFT.

at https://stuhmer.hu

 26 November 2021

 

 

 

 

 

 

 

 

GENERAL TERMS AND CONDITIONS OF THE WEBSHOP OPERATED BY STÜHMER KFT.

 

 

INTRODUCTION, ESSENTIAL PROVISIONS, GOVERNING LAW

 

 

Dear Visitors / Customers,

Welcome to the webshop operated by STÜHMER Kft. (hereinafter: Service Provider) at www.stuhmer.hu (hereinafter: the webshop) where the confectionery products (chocolates and confectionery) manufactured and distributed by us can be purchased. Please read our General Terms and Conditions set out in this document (hereinafter: GTC) and our Data Management Information, available at https://stuhmer.hu/hu/adatkezelesi-tajekoztato, in which you will find all the necessary information related to our products, purchases, payment, delivery and the handling of your personal data. If you still have any unanswered questions after reading the referenced documents, please contact us via our contact details provided in the GTC and the Data Management Information for assistance as soon as possible.

First of all, we would like to inform our Dear Visitors / Customers that the Service Provider delivers the products ordered from the webshop - except for sliced cakes, pies and certain chocolate figures - to individuals (consumers) to all European Union Member States with GLS / FedEx / Express One courier services, as well as to the territory of the the United Kingdom, Canada, Switzerland, Serbia and Australia (hereinafter Countries outside the Union ) with FedEx courier service. GLS / FedEx / Express One are hereinafter referred to as: courier service(s). In connection with the delivery, please read the appendix “list of countries” to the GTC, where in addition to the delivery address (country of destination) the courier services will take the delivery period to the given (destination) country after receiving the ordered products. The order from the online store must also come from one of the European Union or non-EU countries (billing address), but the (out) delivery address can be in any other European Union or non-EU country.

Businesses registered in Hungary (both companies and individual entrepreneurs) can order as a corporate customer after the mandatory pre-registration - on the interface provided by our webshop for companies. The Service Provider delivers orders from corporate customers exclusively in Hungary with the help of Express One / GLS courier services or by STÜHMER Kft.'s own freight vehicles. For larger (palletized) domestic orders, FM Logistic and Liegl & Dachser (hereinafter: courier services) also provide delivery services to our c0ompany. The Service Provider does not allow the delivery of sliced cakes, pies and some chocolate figures (in more detail about the affected products in sections V/A and V/B) within the territory of Hungary to either private individuals or corporate customers.

In the case of sliced cakes and pies, the reason for the delivery restriction is to prevent any subsequent quality complaints (defective performance) due to the unguaranteed damage-free delivery, while some chocolate figures are particularly fragile due to their special characteristics or packaging, and therefore they are subject to delivery restriction in order to avoid any subsequent objections due to their packaging of different graphics. Accordingly, although the products concerned can be ordered from the webshop, the way they are received and (partly) ordered is different from other products that can be ordered in the webshop. The differences are in V/A and V/B. Please carefully read our non-standard terms and conditions regarding the ordering and receipt of these products and the right of withdrawal. Indicate for each product that can be ordered from the online store if they fall under this exception. Special thanks for your understanding.

In connection with the ordering and delivery from the Member States of the European Union and the territory of third countries, we also inform our Dear Visitors / Customers that pursuant to Article 3 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I), the law governing all products purchased through the webshop (specifically including issues related to the conclusion, validity and performance of the contract) is the Hungarian law, which the customer accepts as binding on himself at the time of finalizing the purchase by checking the relevant empty control square, the so-called checkbox. This GTC has been drawn up in Hungarian and English versions which are fully corresponding to each other. If, despite the careful translation, there is a different interpretation or contradiction between the Hungarian and English versions, the Hungarian version of the GTC shall prevail. If any clause of the GTC were to be considered invalid or unenforceable, the validity of the other clauses of the regulations shall be deemed valid, the validity thereof is not affected.

In the webshop, the customer selects the language of the page (except for the interface available exclusively for corporate customers in Hungarian) and the currency required for payment (HUF or EUR). Our webshop operates in Hungary, the site is also maintained here. The Service Provider is not subject to any code of conduct.

We would like to draw the attention of various legal entities, companies (private companies limited by share, limited liability companies, deposit partnerships, etc.) and individual entrepreneurs and companies (hereinafter collectively referred to as Business Party) to the fact that in the case of ordering products from the webshop, companies are not entitled to exercise the right of withdrawal without justification provided to private individuals (hereinafter: consumers) within a specified period of time as set forth in Directive 2011/83EU of the European Parliament and of the Council and in Government Decree No. 45/2014 (26 February), on the one hand, but they are entitled to exercise their right of withdrawal in exchange for a penalty for adjusted to the amount, on the other hand. For information on the right of withdrawal or penalty, see the details in Sections IV/B, V and VIII in respect of companies. Deviations concerning enterprises are always indicated in italics - if necessary, summarized in a separate sub-section - at the relevant Sections of the GTC.

This GTC is effective from 01/09/2021. The provisions of the following legal acts shall govern the issues not regulated in this GTC and the interpretation of the GTC:

  • Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).
  • Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
  • Act V of 2013 on the Civil Code of Hungary (hereinafter: Ptk.).
  • Act CVIII of 2001 on certain aspects of electronic commerce and information society services (hereinafter: Ektv.)
  • Act XLVIII of 2008 on the basic requirements and certain restrictions of commercial advertising activities (hereinafter: Grtv.).
  • Government Decree No. 45/2014 (26 February) on the detailed rules of contracts between a consumer and a company (hereinafter: Government Decree)
  • Act CLV of 1997 on consumer protection (hereinafter: Fgytv.).
  • Act XLVII of 2008 on the prohibition of unfair commercial practices towards consumers.
  • Ministry for National Economy Decree No. 19/2014 (29 April) on the procedural rules for administering guarantee and warranty claims on products sold to consumers as part of a contract between the consumer and the company.
  • Act CXXX of 2016 on the Code of Civil Procedure (hereinafter: Pp.).
  • Act C of 2000 on Accounting (hereinafter: Számvtv.).

I. Concepts and definitions used in the webshop

GTC: General Terms and Conditions. The rights and obligations of the Service Provider and the Customer / Visitor, the determination of the applicable law, as well as the steps of using the webshop, purchasing online from the webshop, the terms and fees of payment methods and delivery of the ordered products, exercising the right of withdrawal, rules on the description of remedies.

Privacy Statement A document recording the data management principles and aspects of the Service Provider regarding personal data, the data management performed in connection with the operation of the webshop and describing them to the parties concerned - included in a separate document and accessible by clicking on the link https://stuhmer.hu/hu/adatkezelesi-tajekoztato.

Service Provider: the owner and operator of the webshop available at www.stuhmer.hu. The data and contact details of the Service Provider and the Hosting Provider providing storage space for it and the Courier Services providing the delivery of the products can be viewed in the following Section II.

Financial Partner: Electronic payments in the webshop are made available by OTP BANK Nyrt. through its own internet payment site.

Customer The natural person (Consumer) who entered the webshop following preliminary registration or without registration, with the aim of shopping, or the legal entity that entered after compulsory registration (Business Party).

Deviations concerning Business Parties are always indicated in italics - if necessary, summarized in a separate sub-section - at the relevant Sections of the GTC. Failing this, the provisions of this section apply to both spheres of customers.

Consumer (Ptk.): "a natural person acting outside his trade, profession or business". That is, individual customers.

Business Party (Ptk.): "a natural person acting within his trade, profession or business". That is, various companies, retailers and wholesalers, individual entrepreneurs, firms, etc. These customers are not entitled to the right of withdrawal without justification provided for in the Government Decree, or they are entitled to exercise their right of withdrawal in return for a penalty. All these are described in IV/B, V. and VIII. at the provisions on the right of withdrawal.

Visitor: A natural or legal person who visits the webshop for browsing purposes.

Webshop: Internet store allowing online shopping and operated by the Service Provider at  www.stuhmer.hu.

Product: Goods (various chocolate products and pastries) that can be ordered from the webshop online.

II. Data of the Service Provider, the Hosting Provider and the Courier Services performing delivery activities

Service Provider:

Name of company: STÜHMER KFT.

Company registration number: 10-09-026255

Registered office: (contact by post) 3397 Maklár, Stühmer Frigyes utca 1. (Complaints related to purchases are also handled here.)

Tax number: 13389507-2-10

Account number: 10103513-17969600-01003002

Statistical code: 13389507-6820-113-10

Court of registration: Court of Registration of Eger Regional Court

Managing director: Péter Csoll with independent right of representation

Electronic access: (specifically for communicating with customers): webshop@stuhmer.hu

Phone: +36 36 / 517-373 +36 70 / 600-8951 (can be called at standard rates)

 

Hosting provider

 

Name of company: XTRADEVELOPERS Kft.

Registered office: 1125 Budapest, Rőzse u. 6-8. 3. épület 1/27.

Electronic contact: info@xtradevs.com

Phone: 06/20-912-8590

Courier services:

Name of company: GLS General Logistics Systems Hungária Kft.

Company registration number: 13-09-111755

Registered office: 2351 Alsónémedi, GLS Európa utca 2.

Tax number: 12369410-2-44

Court of Registration: Budapest Environs Regional Court as Court of Registration

Electronic contact: info@gls-hungary.com

Phone: +36 29 886 670 (can be called at standard rates)

More information: https://gls-group.eu/EN/en/gls-hungary

 

Name of company: Express One Hungary Kft.

Company registration number: 01-09-980899

Registered office: 1239 Budapest, Európa utca 12.

Tax number: 13947109-2-43

Court of Registration:

Electronic contact: ugyfelszolgalat@expressone.hu

Phone: +36 1 8 777 400 (can be called at standard rates)

More information: https://expressone.hu

Name of company: FedEx Express Hungary Kft.

Company registration number: 01-09-381339

Registered office: 1185 Budapest, BUD International Airport II, Logistics Centre, Office Building 283

Tax number: 26378370-2-43

Court of Registration:

Electronic contact: hungary@fedex.com

Phone: +36 80 980 980

More information: https://www.fedex.com/hu-hu/home.html

 

Name of company: FM Logistic Hungary Kft.

Company registration number: 13-09-092955

Registered office: 2330 Dunaharaszti, Raktár utca 4.

Tax number: 12614411-2-13

Court of Registration:

Electronic contact: recepce@fmlogistic.com

Phone: +36 20 432 1045

More information: https://www.fmlogistic.com

Name of company: Liegl & Dachser Logistikai Kft.

Company registration number: 13-09-081858

Registered office: 2085 Pilisvörösvár, Ipartelep 1. 

Tax number: 11815798-2-44

Court of Registration:

Electronic contact: customer.pilisvorosvar@dachser.com

Phone: +36 26 532 000

More information: https://www.dachser.hu/

 

 

III. General information for Consumers and Businesses parties

Dear Customers / Visitors,

  1. The Service Provider provides the Consumer with the opportunity to select and purchase products online without prior and mandatory registration in the webshop for the Consumer visiting the webshop for the purpose of purchase. The Consumer is entitled to select and purchase any product available in the offer of the webshop without registration, taking into account the restrictions set forth in Section V. You also do not need to register to browse the webshop and view the products and the related text content.

For Business Parties, the possibility to purchase and request an offer is possible after pre-registration in the webshop, to register, click on the “Company Gift” button on the main page of the webshop, from where the Customer will be redirected to the interface for corporate customers.

  1. The Service Provider is unilaterally entitled to amend the GTC at any time. The amended GTC enters into force after its publication in the webshop and is binding on the Service Provider and the Customer / Visitor after publication. The Service Provider is obliged to publish the amended GTC in the webshop at least 5 days before it enters into force and to draw the Buyer's / Visitor's attention to this separately. The 5-day period does not apply to the right to change the price.
  2. The Service Provider reserves the right to maintain, update, develop, etc. the webshop at any time. (hereinafter: maintenance). The Service Provider makes every effort to perform its maintenance activities without disturbing the Customer / Visitor for the shortest possible time. In connection with the Service Provider's activities carried out for the maintenance of the webshop and for the relevant period of time, the Customer acknowledges that in these cases the access to the webshop (viewing the products and the related textual content, ordering the products) is limited or unavailable. The Service Provider informs the Customers / Visitors about the maintenance activities recorded in this Section 5 days before they start on the home page of the webshop.
  3. The condition of the purchase is the acceptance of the GTC and the Data Management Information and the consent to the personal data processing, and mandatory registration for Business Parties.
  4. The prices of the products listed in the webshop are gross consumer prices, including VAT, are indicated in Hungarian forints, and also include the unit price of the given product. In all cases, the gross product prices and delivery charges shown to consumers at the time of purchase are the same as the product prices and delivery charges payable at the time of delivery. In addition to the gross consumer price of the selected products and the delivery charge depending on the value limit, the Consumer will not be charged any additional costs in connection with the purchase of the product.

The prices of the products indicated on the interface designed for Business Parties (corporate customers) are also gross, the prices are indicated in Hungarian forints, including VAT, in addition to which the unit price of the given product is also indicated. In the case of corporate purchases, regardless of the value limit, a separate delivery fee will no longer be charged, provided that the minimum order value must reach HUF 30,000 net per order.

  1. During the purchase, the Customer is obliged to provide his / her real personal data - requested by the Service Provider - and to inform the Service Provider about any changes (s) in the data provided (e.g. e-mail address, postal address, telephone number, etc.) immediately by e-mail. If the Customer fails to provide this notice or provides inaccurate information, the Service Provider shall not be liable for any damages of any kind incurred as a result, as well as for delivery failure or for late delivery. The Service Provider also excludes its liability after purchases during which the Customer makes a purchase using the data of another person.
  2. Calling the telephone numbers provided by the Service Provider for contact shall not be considered a premium rate call.
  3. The Service Provider provides all the information displayed in the webshop as an illustration for selecting and ordering products, including colour images of the products, product characteristics, descriptions, gross consumer and unit prices, and other information (such as: information about the delivery of the products, conditions and fees, warranty and allergenic characteristics, nutrient table, etc.) in the quality and size appropriate for product selection and purchase for the Customer/Visitor. The Consumer shall have the necessary information, which contains the composition of the given product, the nutrient table, the warranty and the ingredients that may cause allergies and sensitivities (e.g., gluten, nuts), before consuming the product, in his own or for the safety of third parties.
  4. The Service Provider constantly makes every effort for the correct and truthful presentation of the products listed in the webshop and the related textual content and all other information (product price, delivery fee, product composition, nutritional value, allergenic information) to update the indicated data and information in case of changes.
  5. In order to prevent possible later misunderstandings and unnecessary orders, we would like to draw the attention of our Dear Customers / Visitors to the fact that if despite the continuous Service Provider’s control, an obviously erroneous price (incorrect for the Customer / Visitor) is indicated in the webshop e.g. the price is unrealistically low compared to the generally accepted known consumer price of the product, purchase shall not be started, because the Service Provider will not deliver the product ordered incorrectly at the wrong price, even if the Buyer also received the confirmation of the product ordered in this way.

Orders for such unrealistically low-priced and / or confirmed products are void. On the other hand, if you make such an error, misspelling, wrong, unrealistically low price, etc. in the webshop immediately notify us accordingly, at any of our contact details listed in Section II. We thank you for your cooperation in advance.

  1. The selection and ordering of products in the webshop is available to Customers 24 hours a day. However, in the exceptional events listed below, the operation of the webshop may become partially or completely inoperable, in which case the Service Provider shall not be liable for any liability.
  1. The Service Provider is not responsible for the cases when the webshop or the possibility of product selection and product ordering from the webshop becomes inaccessible or restricted due to the so-called force majeure. For the purposes of these GTC, force majeure shall mean events caused by an unavoidable external cause or force (such as: terrorist attack, natural disaster, strike, elemental disaster, hacker attack, etc.) and the prevention and elimination of which are clearly outside the scope of the Service Provider.
  2. The Service Provider shall not be liable in any case when the webshop services are not accessible or are accessible only restricted due to the internet service provider who provides the availability and functionality of the webshop, or any technical failure at the hosting provider, force majeure, etc. Due to this, the services of the webshop are not available or only to a limited extent.
  3. The limited operation or unavailability of the online store may also occur during the period of performing the maintenance activities specified in this Section III/3.

IV. Shopping Process, Shopping, Payment and Shipping Information for Consumers and Business Parties

IV/A. Consumers

  1. The process of online shopping and delivery via the webshop - without mandatory registration - is based on the following steps for consumers:
  1. In the webshop, the Consumer selects the language of the page (Hungarian or English) and the currency required for payment (HUF or EUR).
  2. The Consumer does not need to register to make a purchase. Data requested during registration: full name, username, email address, password. The registration can be done by registering on the webshop interface, but the Consumer can also choose to register using a Facebook or Google account when the Consumer's name and e-mail address are received by the webshop.
  3. The Consumer will log in to his account after registration, by clicking on the menu item "Profile" he can see all the personal data he has entered for invoicing, shipping and contact purposes. In the "Profile" menu item, the Consumer has the opportunity to download all the personal data provided by him in the webshop, as well as to delete his account and, together with the deletion - without a separate written request - the Service Provider deletes all personal data stored in connection with it (except for those whose retention is mandatory due to a legal requirement, e.g. for the period prescribed by the Accounting Act in connection with the purchase).
  4. The Consumer selects the product he wants to order in the webshop. If any product is not available (cannot be ordered) for any reason, the webshop will not allow you to add it to your cart. Some products can only be ordered in certain quantities (5, 10, 15, 20, etc.), this is clearly indicated by the Service Provider for the products affected. In the same way e.g., short-term products can be purchased at a discount, where the Service Provider indicates the specific amount of the discount and the remaining warranty period for each affected product.
  5. The Consumer will select the selected products individually and by clicking on the "Cart" icon he can add them to the cart. The Consumer has the opportunity to change the quantity of products already in the cart by clicking on "+" and "-" or to delete them by clicking on “I am deleting”.
  6. After placing the products to be purchased in the cart, the Consumer can step to the "Cashier" surface by clicking the "Next" button. If the Consumer decides to purchase new products before payment, or if he wants to change / delete the quantity of the already selected products, he still has the option to do so as described above.
  7. On the "Cashier" surface, the Consumer provides his name, contact e-mail address and telephone number, delivery address and the invoicing data, selects the pretransfer, credit card or cash on delivery (the latter only within the territory of Hungary) method available for payment (see in detail in point (h) below) and then all the data provided by him together with the data of the order can be checked by clicking on the "Summary” button and by clicking on the menu item “Order with payment obligation" it is sent to the Service Provider. Depending on the amount of the order, the amount of the given order, the delivery charge or the free of charge delivery status can be continuously monitored before placing the order. If the delivery is not free of charge, the delivery charge shall be accepted by the Consumer by clicking on the menu point "Order with payment obligation", the system will not allow you to send the order until then. An additional condition for sending the order is the acceptance of the GTC and the Data Management Information and the consent to the personal data processing (by ticking the checkboxes for this purpose), the system will not allow the order to be sent until then. Prior to the clicking on the menu point “Order with payment obligation”, the Consumer can delete items already in his cart and / or change his purchase quantity as described above.
  8. Payment options
  1. Payment by bank card: if the Consumer chooses the bank card payment, the system will automatically redirect him to the bank card payment interface of OTP BANK Nyrt. After the successful bank card payment from the payment interface of OTP BANK Nyrt., the system automatically returns to the webshop interface, at the same time the message “successful transaction” is displayed. If the bank card payment is unsuccessful, the message "failed transaction" will be displayed. In this case, the transaction must be repeated. Detailed information on credit card payments can be found at OTP BANK Nyrt.:

https://otpmindennap.hu/kartyabiztonsag/?utm_source=facebook&utm_medium=poszt&utm_campaign=otp_3d_201007_201231&utm_content=20201216

  1. Pretransfer: if the Consumer chooses this form of payment, the Service Provider will send the data required for the advance transfer to the Consumer in the first e-mail message confirming the successful receipt and confirmation of the order (see point (k) below). If you choose a prepaid payment method, the Service Provider will only compile the package and hand it over to the Courier Service after full payment (crediting) of the total amount on the Service Provider’s account according to Ptk. 6:42(2). It is not enough for the Consumer to send a receipt confirming the bank transfer to prove that the payment has been made.
  2. Cash on delivery only within Hungary: when choosing a cash on delivery method, the Consumer (or his / her agent) will pay for the ordered products and the delivery fee at the same time as receiving the product (s) in cash / by credit card payment (by credit card if the technical conditions of the courier service allow).
  1. By clicking on the button "Order with payment obligation", the Consumer acknowledges that the click entails a payment obligation for the ordered product and the corresponding delivery fee, which you are obliged to pay according to the payment method of your choice.
  1. Before clicking on the menu item, “Order with payment obligation”, the Consumer can subscribe to the newsletters sent by the Service Provider following registration, as well as without registration, clicking on the menu point "Sign up for newsletter". To do this, you must fill in the personal data requested in the form under the newsletter subscription menu, accept the Privacy Policy and click on it. "I subscribe to the newsletter" menu item. It is possible to unsubscribe there.
  2. The Service Provider confirms the order of the Consumer recorded with a unique order identification number by e-mail (first email) to the Consumer, which confirmation also includes the consideration to be paid upon receipt of the ordered product(s), the method of payment, the delivery charge, resp. its possible free of charge status, the data provided (name, telephone number, email address, delivery address invoicing data) as the order sent by the Consumer to the Service Provider. It also includes the GTC valid at the time of the order, the Data Management Information, and the sample withdrawal form (the latter can also be filled in on a computer in WORD DOC format). The attached documents can also be downloaded by the Customer from the website at any time. This first e-mail indicates both the successful receipt of the order and the acceptance of the Consumer's order. The confirmation containing the first e-mail must be received by the Consumer within 48 hours of sending the order. We also recommend that you check the Spam folder in your e-mail system, as in some cases e-shop confirmations (this also applies to automatic system messages) are incorrectly identified by e-mail systems as spam. If you do not receive the e-mail confirming the receipt and processing of your order within 48 hours, please notify us immediately in accordance with Annex II at the contact details provided. If you enter an incorrect e-mail address, the Service Provider will not be able to send the order confirmation to the Consumer.
  1. The Service Provider will send another e-mail (second email) to notify the Consumer that the processing of the order has started, in the framework of which the order has been transferred to the warehouse performing the assembly, and the package containing the product(s) is being assembled.
  1. The Service Provider will send another e-mail about the closing of the order and the delivery of the package to the Courier Service (third email) to notify the Consumer. In the appendix to the “list of countries” of the GTC, the delivery deadline undertaken by the Courier Services starts from this date, in many cases (e.g., Christmas or other holidays, the current COVID epidemic, etc.) the Courier Services may not be able to keep the deadline.
  2. In the last email (fourth email) the Service Provider sends the invoice belonging to the order to the Consumer. Invoices delivered electronically are considered to be remote printed invoices, under Section 259(5) of the VAT Act, the PDF file sent and received by e-mail is also considered accepted by NAV (Hungarian National Tax and Customs Administration). If the Consumer needs a printed invoice, this must be done when sending the order, an entry must be made in the "comments" box. In this case, the invoice will be received by the Consumer together with the ordered product (s).
  3. Courier services deliver the ordered product(s) to the delivery address provided on each working day between 8.00 a.m. and 5.00 p.m. When choosing the cash on delivery method (only in the territory of Hungary), the Customer (or his agent) will pay for the ordered products and the delivery fee at the same time as receiving the product(s) in cash / by bank card payment (by bank card only if the technical conditions of the courier service allow). The courier service will notify the Customer by email / phone / SMS on the day of delivery, and prior to delivery of the date (specifying the period from to). The invoice confirming the purchase is included in the delivered package in case of cash on delivery, if the Consumer indicated this in the "comments" box to the Service Provider, otherwise it will be delivered electronically as an attachment to the fourth e-mail.
  4. Delivery by the Courier Service also includes the delivery of the ordered products upstairs, with the obligation to allow access to the building or residential building by the Consumer or the person authorized to receive them.
  5. If, in the absence of a stay at the delivery address provided by the Consumer, no one takes over the delivered products within the delivery period specified in advance by the Courier Service, the Courier Service will try to contact the telephone number provided by the Consumer, failing which a notification shall be left about the delivery failure (the Courier Service provides its own telephone number). After the failure of the delivery, the Courier Service will try to contact the Consumer about the new delivery date on the phone number provided by the Consumer on the day of delivery on one occasion, and if this is unsuccessful, it will return the ordered products to the Service Provider. On the day of the unsuccessful delivery, the Consumer has the opportunity to arrange a new delivery date with the representative of the courier service and thus avoid the return of the ordered products.
  6. The Consumer is not obliged to accept the product(s) which, at the time of delivery, are found not to have been ordered, or if the product(s) were not delivered at the price indicated at the time of the order. The Consumer is obliged to make sure that the package (product) received is intact in the presence of a representative of the Courier Service. If the package (product) is damaged, the Consumer is obliged to request the issuance of a report with the exact name and indication of the damage. In the event of damage to the packaging (product), the Consumer is not obliged to accept the package. The Service Provider accepts complaints only on the basis of the recorded minutes. Courier Services (in the absence of a mandatory legal requirement to this effect) do not provide a separate possibility for the Buyer to open the undamaged package in the presence of the Courier Service and check the damage of the ordered products.
  7. The Consumer is obliged to maintain the e-mail account provided by him for the purpose of communication (to provide the storage space required for the e-mail containing the order confirmation or other notification sent by the Service Provider, or to detect that the e-mail sent by the Service Provider is in the Spam folder). The Service Provider excludes its liability for any claims or damages arising from the failure to fulfil these Consumer obligations.
  1. The delivery charge is HUF 1,270 in the whole territory of Hungary. If the total value of the products ordered from the webshop exceeds HUF 12,700, the delivery is free of charge (to be taken over by the Service Provider). Delivery is expected within three to four working days of receipt of the order (the Service Provider will deliver the ordered products to the Courier Service within 1-2 working days) if due to any unforeseen reason the three to four working days deadline cannot be met, (hereinafter: late delivery) the Service Provider shall immediately notify the Consumer thereof, who may withdraw from the purchase without any obligation after the notification of the delayed delivery.
  2. Delivery charges will be based on the weight of the package and the country of the shipping address in the European Union and outside the EU. The exact amount of the delivery charge is continuously updated for the Consumer by the webshop when placing the product (s) in the shopping cart. The delivery times to the territory of the European Union and to countries outside the EU can be found in the appendix “list of countries” to the GTC, which start with the delivery of the ordered product to the Courier Service. The Service Provider will hand over the ordered products to the Courier Service within 1-2 working days. The Service Provider cannot guarantee the delivery deadlines within Hungary and to the territory of the European Union and non-EU countries, regardless of the Service Provider's performance within the time limit (within 1-2 working days) for any reason - e.g., Christmas or other public holidays, epidemics, country customs regulations, etc. – and therefore the time limits may increase.

IV/B. Different Rules Applying to Business Parties

  1. For Business Parties, purchasing through the webshop and requesting a price offer is possible after mandatory pre-registration by clicking on the "Company Gift" button available on the webshop's home page. Data requested during registration: full name, username, email address, password. The corporate interface is only available in Hungarian, but payment can also be made in Hungarian forints or euros.
  2. To order from the webshop, the Business Party must first log in to its own account after registration. In the Business Party's corporate account, unlike Consumers, you can see not only whether the product you want to order is available, but also how much of the product is available.
  3. The steps of the order (placing in the cart, changing the quantity of the product, deleting it, confirming the order status, status of the order) are the same as those described in detail in Section IV/A for Consumers, with the differences listed below.
  1. In the case of Business Parties, the minimum order value is HUF 30,000 or EUR 85 net. It takes a minimum of 4-5 business days from the delivery of the order to complete the order. After placing the order, the Service Provider will contact the person designated by the Business Party on the given contact details in order to arrange the specific delivery (performance) date.
  2. Payment methods available to Business Parties: Advance payment and cash on delivery (no immediate bank card payment).
  3. Business Parties receive a band discount depending on the net order value.
  4. If following the conclusion of the contract as indicated in Section VI/1 d) the Business Party intends to withdraw from the contract, a “penalty” must be paid within 5 calendar days of the exercise of its right of withdrawal to the account number indicated in Section II of this GTC, indicating the order number and the item in the comments box. The amount of the penalty is 10% of the net value of the order in the case of an order under a net amount of HUF 1,000,000, and 15% of the net value of the order in the case of an order exceeding a net value of HUF 1,000,000. If the Business Party fails to comply with its obligation to pay penalty, the Service Provider shall immediately take the necessary legal steps to recover the debt.
  5. After clicking on the "Summary" menu item, before clicking on the "Order with payment obligation" menu item, the amount of the penalty corresponding to the order to be submitted is always displayed, which must be accepted by the Business Party before clicking on the "Order with payment obligation" menu item (the system will not allow the order to be sent until then).
  1. Going to the "Checkout" interface, the Business Party is obliged to provide the following data before sending the order: company name, company registration number, tax number, invoicing address, delivery address, contact person's name, email address, (mobile) telephone number.

V. Different Rules for Ordering and Taking over Sliced Cakes and Pies, and Certain Chocolate Figures and the Right of Withdrawal

V/A. Different rules for Ordering and Taking over Sliced Cakes and Pies, and exercising the Right of Withdrawal:

  1. Sliced cakes and pies can be ordered via the webshop like all other products of the Service Provider, however, in order to avoid any subsequent quality complaints (defective performance) due to the fact that undamaged delivery cannot be guaranteed, only personal collection is possible in the sample store at the Service Provider's headquarters during opening hours, from Monday to Sunday between 10 a. m. and 7 p.m.
  2. Orders placed through the webshop must be received at least 48 hours before the time of receipt of the product requested by the Consumer (day, hour) during opening hours, i.e. from Monday to Sunday between 10 a.m. and 7 p.m. If the order arrives outside the opening hours, the processing of the order will start at the beginning of the next opening hours: e.g., the processing of the order received on Wednesday at 8 p.m. starts at 10 a.m. on Thursday morning and the 48-hour deadline “starts” from that date, so in this case the earliest receipt of the ordered product is 10 a.m. on Saturday morning. The system of the webshop also monitors the orders placed after the opening hours and does not allow setting a delivery time for the Consumer within 48 hours.
  3. If the order of the product is placed more than 48 hours before the receipt of the product - as requested by the Consumer - the Service Provider shall ensure that the order is withdrawn and the Consumer exercises his right of withdrawal, indicating the order identification number sent to the e-mail address specified in Clause II, no later than 48 hours before the planned (requested) time of receipt of the product. The Consumer will set the requested time (day, hour) of personal receipt of the purchased product in the order when filling in the menu item "Time of receipt".

In this case Business Parties are entitled to exercise their right of withdrawal (outside the 48 hours preceding the date of receipt of the requested product) in accordance with the rules set out for them in Section VIII, i.e. in return for a penalty corresponding to the amount of the order.

  1. As the Service Provider starts the preparation of the ordered product(s) 48 hours before the requested receipt time (day, hour) of the product(s), therefore - within 48 hours prior to the time of receipt requested, the subsequent withdrawal of the ordered product(s) (sliced cakes and pastries) is not possible for the Consumer under Point d) of Article 16 of Directive 2011/83/EU and Section 29(1)d) of Government Decree No. 45/2014 (26 February) (perishable products retaining their quality for a short time). The Service Provider shall issue a transfer invoice for the ordered but not received products subject to this restriction, which the Consumer is obliged to settle. In the event of non-payment of the invoice on time, the Service Provider shall immediately take the necessary legal steps to recover it.

It is not possible for Business Parties to withdraw from the ordered product(s) (sliced cakes and pies) within 48 hours prior to the requested time of receipt, given the perishable, short-lasting quality of the products, even against the payment of penalty.

V/B. Different Rules for Ordering and Taking over Certain Chocolate Figures and exercising the Right of Withdrawal are as follows:

  1. Some chocolate figures, which due to their special characteristics (especially fragile or if the packaging is made with several graphics) can also be ordered from the online store, but in the case of these products only personal collection is possible in the sample shop located at the Service Provider's headquarters during opening hours, i.e. from Monday to Sunday between 10 a.m. and 7 p.m. because damage-free delivery cannot be guaranteed and in order to avoid subsequent complaints (defective performance) due to the packaging with different graphics.
  2. The requested time of receipt of the purchased product will be set by the Customer during the order. In this case, the Consumer is entitled to the right of withdrawal without giving any reason within the time limit set out in detail in Section VII.

Business Parties are entitled to exercise their right of withdrawal in accordance with the rules set out for them in Section VIII, i.e. in return for a penalty corresponding to the amount of the order.

VI. Conclusion of the Contract, Technical Steps, Other Information Related to the Conclusion of the Contract

  1. By accepting these GTC, the Customer/Visitor acknowledges - based on the details of the introductory provisions - that any legal relationship with the Service Provider in connection with the purchase from the webshop is governed by the rules of Hungarian law. The contract between the Service Provider and the Customer - according to the Customer's choice - is concluded in Hungarian or English after the following technical steps:
  1. In addition to accepting the GTC and the Data Management Information, the Customer shall provide the data listed by the Service Provider (in the case of Consumers in Section IV/A/1/g), in the case of Business Parties in Section IV/B/4) and select the products to be purchased. After the selection of the product and even after entering the menu item “Checkout”, it is possible for the Customer to correct the errors made during electronic recording, before making the contract declaration, (including the modification or cancellation of the order) before clicking on the "Summary" menu item after the "Order with payment obligation” menu item.
  2. After the Consumer has selected the desired product(s) and together with the selection has known and accepted the gross consumer price of the product(s), the delivery charge, he will then have the opportunity to click on the menu item “Order with payment obligation” and accept the offer of the Service Provider for the purchase of the products offered in the webshop.

(In the case of Business Parties, the contract is concluded according to the same technical steps, however, there is no delivery charge, but the amount of the penalty corresponding to the amount of the order must be accepted by the Business Party before clicking on the "Order with payment obligation" menu item.)

  1. The Customer can finalize his intent to purchase the ordered product(s) by clicking on the menu item “Order with payment obligation”, which will be confirmed by the Service Provider with a unique order identification number.
  2. By clicking on the menu item "Order with payment obligation”, i.e. by sending the order and receiving it by the Service Provider (at the time of access), the contract is considered concluded between the Service Provider and the Customer. As a consequence of the conclusion of the contract, the Service Provider is obliged to transfer the ownership of the purchased product(s), the Customer is obliged to pay the purchase price of the purchased product(s) and take over the product(s). The Customer is aware that the clicking on the menu item "Order with payment obligation" will incur a payment obligation up to the amount of the order.
  1. The Service Provider shall keep the order and the invoice documenting the conclusion of the contract (purchase) in accordance with the legal regulations (Számvtv. Section 169(2)) for 8 years.
  2. After receiving the Customer's order, the Service Provider will send an automatic confirmation e-mail, which simultaneously means the successful receipt of the order and the acceptance of the Customer's order. This confirmation containing the first e-mail must be received by the Consumer within 48 hours of sending the order.
  3. If the confirmation e-mail is not received within 48 hours from the sending of the Customer's order, the Customer will be released from the obligation to make an offer and enter into a contract.

VII. The Customer's (Consumer's) Right of Withdrawal, Complaint Handling and Further Legal Remedies

  1. Right of withdrawal: We would like to draw the attention of our customers to the fact that the right of withdrawal described in detail in this Section applies only and exclusively to Customers who qualify as consumers pursuant to the provisions of the Civil Code. The definition of the Consumer - defined in the Civil Code - is indicated separately in Section I of these GTC. Accordingly, the term Customer used in connection with the right of withdrawal and its exercise shall mean the Consumer.
  2. In addition, for the purposes of the rules applicable to the conciliation body, the following shall also qualify as consumer under Fgytv. Section 2a) “a non-governmental organization, a church legal person, a condominium, a housing cooperative, a micro, small and medium-sized enterprise acting for purposes other than its own occupation and economic activity, which buys, orders, receives and uses goods, or is the addressee of a commercial communication or offer relating to the goods.”

Of course, non-qualifying Customers who do not qualify as a consumer by any definition are also entitled to a judicial remedy.

  1. In the case of ordering products from the webshop, the Customer may exercise the right to withdraw under Article 9 (1) of Directive 2011/83/EU and Section 20 of Government Decree 45/2014 (26 February) (hereinafter: Government Decree) without justification. However, the Customer may not exercise the right to withdraw provided in Section 20 of the Government Decree with respect to the following products (exceptions) from among the products listed in point d) of Article 16 of Directive 2011/83/EU and Section 29(1)d) of the Government Decree:
  • in the case of perishable or short-living products (from among the products that can be ordered from the online store, such products are sliced cakes and pies). Different withdrawal conditions for sliced cakes and pastries are described in Section V/A in detail.
  1. The Government Decree referred to above, together with the complete list in Section 29 can be accessed via the following link: http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.260043
  2. The Customer may also exercise the right of withdrawal without justification within 14 days of receipt of the products ordered from the webshop, as well as between the date of concluding the contract and the date of receipt of the product, using (downloading) the model declaration (Annex II) at the end of these GTC, or by any other statement communicated to the Service Provider in a manner that clearly expresses his intention to withdraw, e.g. by post, e-mail or in person, at the contact details given in Section II. In the case of withdrawal by post, the 14-day time limit shall be deemed to have been observed if mailing (dispatch) has occurred. The deadline is calculated and maintained in the same way as in the case of sending by e-mail.
  3. The model withdrawal / termination notice can also be found at the end of these GTC (Annex I). The model information on the warranty for material defects and product warranty as indicated in the Government Decree can be read in Annex III of these GTC. The Customer is entitled to submit a warranty claim under Section 6:157 of the Civil Code, if the service does not meet the quality requirements set out in the contract or in law at the time of performance, (faulty performance has occurred), unless the Customer knew or should have known of the defect at the time of concluding the contract.
  4. The Consumer may prove his warranty claim under NGM Decree No. 19/2014 (29 April), with an invoice or receipt. In all cases, the Service Provider shall draw up a report on the warranty claim notified to it, a copy of which shall be handed over to the Consumer and kept for three years. During the settlement of warranty claims, if the Service Provider is unable to declare the fulfilment of the warranty claim, it is obliged to notify the Consumer in a verifiable manner within five working days. If the Service Provider rejects the claim, it shall inform the Consumer of the possibility to turn to the conciliation body with justification.
  5. In the case of exercising the right of withdrawal within the time limit, the Service Provider is obliged to return the product(s) affected by the right of withdrawal immediately, but no later than within 14 days of the withdrawal, or to return it in person at its own expense to the Service Provider’s registered office indicated in Section II of these GTC. Such return shall be valid in terms of the validity period if such return is sent by the Consumer within the specified period. The Service Provider is obliged to reimburse the purchase price of the returned products to the Customer immediately in the case of personal return, in other cases within 14 days of becoming aware of the withdrawal, together with the performance (delivery) costs. During the refund, the Service Provider will refund the amount returned to the Consumer in the same way as the payment method used by the Consumer, or with the consent of the Customer, this may be another method of payment, provided that the Customer is not charged any additional fees in this regard.

 

  1. If the Customer chooses a mode of transport other than the least expensive standard mode of transport, the Service Provider will not reimburse these additional costs. In the case of a contract for the sale of a product, the Service Provider may withhold the amount until the Customer has returned the product or has confirmed beyond a reasonable doubt that it has been returned (e.g. with a copy of the postal delivery note); the earlier of the two shall be taken into account. The Service Provider does not undertake to return (re-transport) the product(s), in the case of withdrawal, the Customer must return it to the Service Provider’s registered office as defined in Section II by post or via a courier service.
  2. The Service Provider ensures that the Customer makes the statement of withdrawal without justification via the website of the webshop using the model declaration in Annex II. In this case, the Service Provider shall immediately confirm the receipt of the withdrawal statement to the Customer.
  3. The Customer or the person entitled to take delivery of the products at the time of delivery may refuse to accept the product(s) which at the time of delivery are obviously defective because, for example: their packaging is damaged or torn, and as a result, the packaging is no longer or not adequately protected, or the packaging is intact, but the product is obviously (visibly) damaged, or for any reason can only be considered to be of reduced value. In such cases, the representative of the courier service shall be requested to draw up a report as set out in Section IV/A /1/r).
  4. Complaint management: Under the provisions of Fgytv. if the Consumer makes a complaint to the Service Provider due to any behaviour, activity or omission related to the products or the distribution or sale, the complaint shall be lodged in person or may be submitted at the contact details indicated in Annex II. The Service Provider shall examine complaints immediately and shall remedy them if necessary. If the Consumer does not agree with the handling of the complaint, or an immediate investigation of the complaint is not possible, the Service Provider shall record the complaint and its related position in minutes without delay, and hand over a copy of such minutes to the Customer. In the case of a written complaint, the Service Provider will send a substantive response within 30 days at the latest. The Service Provider is obliged to justify a negative answer. The Service Provider shall keep the minutes - and its copy - for three years and shall present them to the supervising authorities on request.
  5. Additional remedies: In the event of a response rejecting the Consumer's complaint, the Consumer has several legal remedies, of which the Service Provider is obliged to inform the Consumer in the rejection response (taking into account the nature of the specific complaint). The remedies available to the Consumer are as follows: the Consumer may apply to the Consumer Protection Authority, have recourse to the Conciliation Board as a dispute settlement forum and, of course, choose to have the dispute settled by a court. The Consumer also has the option of choosing an online dispute resolution platform operated by the European Commission to settle disputes arising from online sales.
  6. As a general rule, the Conciliation Board competent at the place of residence of the Consumer is competent to conduct the proceedings. You can find the contact details of the Conciliation Boards by clicking on the following link: http://www.fogyasztovedelem.kormany.hu/node/8579. In the absence of the Consumer's place of residence the Conciliation Board competent according to the registered office of the Service Provider is: Heves County Conciliation Board (3300 Eger, Faiskola út 15., mailing address: 3301 Eger, Pf. 440, telephone number: (36)416-660/105, fax extension number: (36)323-615, president: Dr. Csaba Gordos, e-mail address: hkik@hkik.hu, more information:  http://www.hkik.hu/hu/content/bekelteto-testulet by clicking on the link.
  7. The essence of proceedings before conciliation bodies is, in short, this type of procedure is a possible way of settling a consumer dispute that is cheaper, more cost-effective, faster, and simpler than court proceedings. Only consumer protection disputes fall within the competence of conciliation bodies. Conciliation bodies are intended to try to reach an agreement between the consumer and the Business Party, but they will also rule on the matter if the agreement fails. Participation in the proceedings before the conciliation body does not preclude the traditional judicial process, it is still available to the Consumer after the proceedings. Proceedings before the conciliation body are free of charge (if, of course, the Consumer authorizes a legal representative, the costs shall be borne by him).
  8. Procedure: if the Consumer has tried to settle the dispute with the Business Party concerned, but this failed, he must submit the procedure on a form, the content of which can be found at the following link: http://www.panaszrendezes.hu/homepage/index.php/eljaras-menete
  9. The procedure is completed within 90 days of receipt of the request, with an extension of up to 30 days if justified. The Consumer is free to decide whether to accept the conciliation body's recommendation, the settlement offer and the decision containing the obligation. The Service Provider is obliged to co-operate in the proceedings before the conciliation body, and Stühmer Kft. will obviously fulfil this obligation if any proceedings are instituted before a conciliation body.
  10. The Consumer may also apply to the Consumer Protection Authority with the Service Provider's complaint-handling or other complaints within the competence of the consumer protection authority. The first level consumer protection authorities are the district offices: the Consumer Protection Department of the Eger District Office: 3300 Eger, Kossuth L. u. 9. Telephone: 36/515-469, further contact details and other information can be found on the Office's website by clicking on the following link: http://www.kormanyhivatal.hu/hu/heves/jarasok/egri-jarasi-hivatal-fogyasztovedelmi-osztaly Contact details for further consumer protection authorities can be found at: https://www.isafe.hu/data/pdf/fogyasztovedelmihatosagokelerhetosegei.pdf
  11. Of course, in addition to the procedures referred to above, the Consumer has the option of initiating a dispute through the traditional judicial means (by bringing an action). The Consumer can choose the form of dispute resolution after the proceedings before the conciliation body and irrespective of the consumer protection authority.
  12. In addition to the remedies described so far, the Consumer has an online dispute resolution platform operated by the European Commission to resolve disputes arising from online sales by clicking on the link below. The site contains a detailed description in Hungarian about the operation and use of the system and all other necessary information.

https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks

 

VIII. Right of withdrawal of the Business Party, its Exercise, Legal Remedies

 

  1. First of all, as already mentioned at the beginning of the GTC, we again draw the attention of Business Parties to the fact that under EU Directive 2011/83 of the European Parliament and of the Council and the Government Decree, Business Parties are not entitled to unjustified withdrawal within the specified time limit.
  2. If the after the conclusion of the contract as indicted in Section VI/1d,) a Business Party intends to withdraw from the contract, it is obliged to pay a penalty within 5 days of the exercise of its right of withdrawal, without any separate request, to the Service Provider’s account number indicated Section II of these GTC, indicating the order number and the designation “penalty” in the comments box. It is not possible to withdraw from the contract subsequently, as set forth in Section V/A/4, even against payment of a penalty, if sliced cakes and pies are ordered, within 48 hours prior to the date of receipt requested, given the perishable, short-lasting quality of the products. The amount of the penalty is 10% of the net value of the order in the case of an order under a net amount of HUF 1,000,000, and 15% of the net value of the order in the case of an order exceeding a net value of HUF 1,000,000.
  3. If the Business Party fails to comply with its obligation to pay penalty, the Service Provider shall immediately take the necessary legal steps to recover the debt.
  4. Neither the procedure before the conciliation bodies described in detail in the previous Section VII, nor the Online Dispute Resolution Platform are available for Business Parties. Of course, due to possible defective performance, Business Parties may also use the form of a legal remedy in court to settle the dispute, if it fails to reach an amicable settlement with the Service Provider.

IX. Miscellaneous Copyright and Final Provisions

This GTC is a copyrighted work, on which copyright protection applies only to the author of the regulations (hereinafter: Rightsholder). Accordingly, without the express written consent of the Rightsholder, the provisions of the GTC may not be copied, reworked, used as a sample, used as a template, sold or, not including the cases of free use defined in the Copyright Act, used in any other way (hereinafter: use without license) by third parties.

The person carrying out the unauthorized use acknowledges that under Section 6:186 of the Civil Code, he is obliged to pay a penalty of HUF 50,000 per page to the Rightsholder. If necessary, the Rightsholder uses a notarial certificate of fact to establish the infringement, the cost of which is also passed on to the person carrying out the unauthorized use. A person who engages in unauthorized use is also aware that the payment of a penalty does not relieve him or her of claiming damages in excess of the penalty.

In order to avoid the violation referred to above, we recommend that you contact the Service Provider at one of the contact details indicated in Section II before making any use of the GTC.

Provisions related to the protection, processing, and handling of the Consumer's personal data are available both online at  www.stuhmer.hu and from the webshop under the menu item "Privacy Policy".

ANNEX I

Sample Notice of Withdrawal / Termination

Withdrawal/termination right

The Consumer has the right to withdraw from this contract within 14 days without giving any reason. Similarly, if the performance of the contract has begun in the case of a contract for the provision of a service, the Consumer is entitled to terminate the contract within 14 days without giving reasons.

The withdrawal/termination period expires after 14 days from the date on which the Consumer or the person entitled to receive the product(s) receives the ordered products from the supplier.

If the Consumer wishes to exercise his right of withdrawal/cancellation, he must send a clear statement of his intention on withdrawal/termination (by post or electronic mail) to the Service Provider to the mailing address in Section II of the GTC: 3397 Maklár, Stühmer Frigyes utca 1. or to the email address: stuhmer@stuhmer.hu.

The Consumer can also download the model notice of withdrawal/termination from our website https://stuhmer.hu (Annex II) or submit another statement clearly expressing his intention to withdraw/terminate. If the Consumer submits his withdrawal/termination statement via the electronic means indicated above, the Service Provider shall immediately confirm receipt of the withdrawal statement to the Consumer.

The Consumer exercises his right of withdrawal/termination within the time limit, if he sends his notice of withdrawal/termination before the expiry of the above-mentioned deadline.

Legal effects of withdrawal/termination

If the Consumer withdraws from the contract, we will reimburse all consideration paid by the Consumer, including delivery costs, immediately, but no later than within 14 days of receipt of the notice of withdrawal. Such refund is paid using the same payment method as the original transaction, except where the Consumer expressly consented to the use of a different payment method; such refund transaction may not result in additional costs to the Consumer. Refunds will be withheld until the product(s) have been returned or the Consumer has confirmed that they have been returned: the earlier of the two dates will be taken into account.

After taking over the product(s) under the contract and exercising the right of withdrawal after receipt, the Consumer is obliged to return the product(s) to the Service Provider immediately, but no later than within 14 days from the notification of the withdrawal. The deadline is considered met if the product is sent before the expiry of the 14-day period (so it is not required to be received within 14 days). The Consumer shall bear the cost of returning the product.

The Consumer shall be liable for the depreciation of the product(s) if it is due to use in excess of that required to determine the nature, characteristics and functioning of the product(s).

 

ANNEX II

Withdrawal/termination model statement

(This form is to be filled and submitted only in the event you wish to withdraw from or terminate the contract.)

Addressee:

  • STÜHMER KFT.
  • Registered office: 3397 Maklár, Stühmer Frigyes utca 1.
  • Tax number: 13389507-2-10
  • Represented by: Péter Csóll managing director
  • Customer service e-mail: stuhmer@stuhmer.hu

I/we the undersigned ********************* declare that I/we wish to exercise my/our right of withdrawal in respect of the sale and purchase agreement of the following product/products or the provision of the following services:

Order ID:

Date of contract/date of receipt:

Description of products covered by the contract:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s): (only for paper-based forms)

Date:

 

ANNEX III

Sample information sheet on warranty for material defects and product warranty

1. Warranty for material defects

When can you exercise your rights related to liability for material defects?

In case of defective performance by the Service Provider, the User may validate its warranty claim against STÜHMER KFT. (Service Provider), pursuant to the provisions of the Civil Code.

What are your rights based on your claims related to liability for material defects?

According to your choice, you are entitled to the following claims related to liability for material defects:

You may request a repair or replacement unless it is impossible for you to fulfil the warranty right you have chosen or if this would result in a disproportionate additional cost to the debtor compared to meeting another warranty claim, taking into account the value of the service in good condition and the severity of the breach, damage to the rights caused to the rightholder by the fulfilment of the right to guarantee supplies. If repair or replacement was not requested, or could not be requested, the User may request reducing the compensation proportionally, the User may repair the defect or have it repaired by a third party at the expense of the Business Party, or may withdraw from the contract as well in the final case, if the debtor has not undertaken the repair or replacement, is unable to fulfil this obligation under the conditions provided by law, or if the rightholder's interest in the repair or replacement has ceased, he may also withdraw from the contract.

The law stipulates that the repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the thing and the intended use by the rightholder, in the interests of the rightholder.

The User may change its choice of remedy for the material defect; however, the User must bear the costs of such change, except it was justified, or the company gave rise to it.

Within what period can you exercise your rights related to liability for material defects?

As a general rule, the claimant's warranty claim expires within one year from the date of performance. However, in the case of a contract between a consumer and a Business Party, the warranty period is longer: the consumer's warranty claim for supplies is two years from the date of performance.

You are obliged to announce the defect immediately after it is discovered, but no later than within two months after such discovery.

However, please note that after the two-year expiration period from the performance of the contract the User may no longer enforce your warranty rights. An important rule is that the limitation period does not include the part of the repair time during which the right holder is unable to use the thing as intended.

For the part of the thing affected by the replacement or repair, the expiration of the supply warranty claim begins again. This rule shall also apply in the event that a new defect occurs as a result of the correction.

Against whom can the User exercise its warranty rights?

The User may exercise its warranty rights against the Business Party (Service Provider).

What other conditions are for exercising warranty rights?

Within six months after performance, exercising your rights related to liability for material defects has no conditions other than announcing the defect in case you can demonstrate that the product or service was sold or provided by STÜHMER Kft. (Service Provider). However, after six months following performance, you shall be obliged to prove that the defect detected by you already existed at the date of delivery.

In addition, if you knew (or should have known) of the defect at the time of entering into the contract, you may not claim warranty.

2. Product warranty

When can you exercise your rights related to product warranty?

In the event of a defect in a movable thing (product), you may, at your option, assert the right or product warranty claim specified in Section 1 (warranty for material defects).

What are your rights based on your claims related to liability for material defects?

As a consumer product warranty claim, you, as the Consumer, may only request the repair of a defective product or, if the repair is not possible within a reasonable period of time, without prejudice to your interests, the replacement of the product.

When is a product considered defective?

A product is considered defective if it does not meet the quality requirements at the time it is placed on the market, or it does not comply with the quality description provided by the manufacturer.

Within what period can you exercise your rights related to product warranty?

You may exercise your rights related to product warranty within two years after the product was placed on the market. After this deadline you lose this right.

Against whom can you exercise your rights related to product warranty?

You may only exercise your rights related to product warranty against the manufacturer or the distributor of the movable property. In case of product warranty claims, you are the party required to prove the defect of the product. According to the Civil Code, the Consumer is obliged to report the defect to the manufacturer / distributor without delay after the discovery of the defect. A defect reported within two months of the discovery shall be deemed to have been reported without delay. The Consumer shall be liable for any damage resulting from a delay in communication.

In what cases is the manufacturer (distributor) relieved of the product warranty obligation?

The manufacturer (distributor) shall only be relieved of product warranty obligation if he can prove that:

  • the product was not manufactured or marketed in the course of his business or self-employment;
  • the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered;
  • the defect of the product is a result of administering any statute or official specification.

For exemption it is sufficient if the manufacturer (distributor) presents only one reason.

Please note that you may not enforce warranty for material defect and product warranty claim for the same defect in parallel. However, in the event of a successful enforcement of your product warranty claim, the manufacturer's warranty obligation for the replaced product or, in the case of a repair, for the part of the product affected by the repair, shall lie with the manufacturer.

 

ANNEX IV

LIST OF COUNTRIES

Country code

Country

Courier service(s)

Completion time

AU

Australia

FedEx

10 working days

AT

Austria

Express One

5 working days

BE

Belgium

GLS

6 working days

BG

Bulgaria

FedEx

5 working days

CY

Cyprus

GLS

10 working days

CZ

Czech Republic

GLS

5 working days

DK

Denmark

GLS

6 working days

GB

United Kingdom

FedEx

6 working days

EE

Estonia

FedEx

5 working days

FI

Finland

FedEx

6 working days

FR

France

GLS

7 working days

GR

Greece

GLS

7 working days

NL

The Netherlands

GLS

6 working days

HR

Croatia

Express One

5 working days

IE

Ireland

GLS

7 working days

CA

Canada

FedEx

10 working days

PL

Poland

GLS

5 working days

LV

Latvia

GLS

7 working days

LT

Lithuania

GLS

6 working days

LU

Luxembourg

GLS

6 working days

MT

Malta

GLS

7 working days

DE

Germany

GLS

5 working days

NO

Norway

FedEx

7 working days

IT

Italy

Express One

7 working days

PT

Portugal

GLS

10 working days

RO

Romania

Express One

5 working days

ES

Spain

GLS

7 working days

CH

Switzerland

FedEx

5 working days

SE

Sweden

GLS

7 working days

RS

Serbia

FedEx

6 working days

SK

Slovakia

Express One

5 working days

SI

Slovenia

Express One

5 working days

Szechenyi