THE GENERAL TERMS&CONDITIONS OF THE ONLINE SALES OF HYD LLC.1. The goals of this document
1.2. Buying products in our Webshop the customers are making individual contracts. The individual contracts are bounding legal connections only for the time of the service of product ordered by the customer (consumer), not included the fals, mistaken, not fulfilled or broken sevice of the Supplier leaving the due dates open to use the connecting rights.
1.3. The contracts made in the Webshop is such a consumer’s contract, what is singed about the ordered service of product without the same time presence of the partners, and the partners are using the Webshop as a tool of communication what can be used as such an instrument, and using it as a certified tool of the statement of the contract. In this means, the Webshop is such a tool that makes the communication available through internet connection what is being operated on the computer or such instrument of the partners.
1.4. The General Terms & Conditions are set by the Supplier unilaterally in order to make the contraction between the Supplier and the customers without discussing it with them. The contracts made through this system are not negotiable.
1.5. If you want to be a buyer or active customer of the Webshop, please read carefully the the General Terms & Conditions, and use our service just anc only if you fully accept it and take it obligatory. The users of the Webshop are accepting that the General Terms & Conditions are mandatory conditions. Any use of the Webshop – including the views what are not concluded in purchase – are driven by the General Terms & Conditions.
1.6. The General Terms & Conditions is an official document drawn in Hungarian and English language, and the legal right originated from this are not referring the Ethical Codex of the Suppliers work.
2. Information about the Supplier
Company name: HYD Rákkutató és Gyógyszerfejlesztő Korlátolt Felelősségű Társaság
Seat (same postal address): 1124 Budapest, XII. ker. Fürj utca 2.
Registering body: Fővárosi Törvényszék Cégbírósága
Registry number: 01-09-260799
TAX number: 10805459-2-43
Information Security ID: NAIH-78545/2014
Customer Service (Tel): 06-1-381-0765; 06-1-385-1660
Customer Service (Fax): 06-1-385-1661
Customer Service (Email): firstname.lastname@example.org
Language of the contract : Hungarian
Personal pickup of the orders: N/A
Processing orders: manual processing only on workdays, 09:00 – 16:00, automated processing (not included the OUS times – 7x24
General fulfillment of orders: 3 workdays
3. Information about the Webshop’s provider
Company name: NetBlaze Group Szociális Szövetkezet
Seat (same postal address): 8784 Kehidakustány, Forrás u. 3 2a.
Registering body: Zalaegerszegi Törvényszék Cégbírósága
Registry number: 20-02-050340
TAX number: 24804413-1-20
Customer Service (Tel): 06-30-894-6493
Customer Service (Email): email@example.com
4. Delivery messenger’s information
Company name: GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.
Seat (same postal address): 2351 Alsónémedi GLS Európa u. 2.
Registering body: Budapest Környéki Törvényszék Cégbírósága
Registry number: [3-09-111755
TAX number: 12369410-2-44
Customer Service (Tel): 06-1-802-0265
Customer Service (Email): firstname.lastname@example.org
5. The operation of the Webshop
5.1. The Webshop can be reached from in and out of Hungary through the internet. The delivery and fulfillment of orders from abroad are subject of individual negotiations.
5.2. The customers of the Webshop must be adults above the age 18 years, capable persons.
6. The Product
6.1. In the Webshop the customers can buy the products of Preventa detailed precisely on the subpages of the Webshop (drinking water, oyster mushroom capsule). The products of Preventa are deuterium-depleted drinking waters with different deuterium concentration. The Preventa® bottles’ tags the shown numbers are indicating the deuterium concentration of the current product in numbers. According to this, for example the Preventa®-125 125 ppm, the Preventa®-105 105ppm and the Preventa®-85 contains 85 ppm deuterium. The Preventa deuterium-depleted oyster mushrooms extract a 100% natural oyster mushroom product, what is originated from cultivations fed by deuterium-depleted water. (the „Product”).
6.2. In the Webshop other books and catalogues can be purchased about deuterium depletion.
6.3. In the Webshop the Supplier presents the name and photography of the product, and details of its content. The pictures shown on the website can be different than the real ones, and are illustrations only. We are not taking responsibility for the real look and the pictures of the product shown in the Webshop.
6.4. The products can be purchased from the Supplier, what will be delivered by a Delivery Service to the customer. The products can be bought in the main shop of the Supplier and in different health shops or in other places. If you wouldn’t like to buy our product in a shop outside our company and not through the Webshop or in a way stated in this General Terms & Conditions please look for it in the sales points or in our partner shops.
7. The process of purchase
7.1. The supplier sell the product through the Webshop. The Supplier also accepts orders placed through phone, fax, email or postal order.
7.2. The purchase through the Webshop doesn’t require registration. But the customer can register through the process of purchase a customers’ account – by his or her own will – where his or her personal details will be stored. Creating a customer’s account helps in future purchases in the Webshop; with creating one the system will automatically remember the customer’s personal details and will not be needed to provide them again.
7.3. When creating a customer’s account the user must set a personal username and a password, what will be used in the future for the customer’s authentication. The requirement of the password is to be 6 characters long. We don’t recommend using easy recovered passwords neither personal details as passwords. If you forget your password you can request a recovery email to your registered email address where you will get a one-time password what you can use to enter to your account and set a new password. The supplier stores the passwords in an encoded secure process, so the original password cannot be recovered for the customer.
The system locks the account after three (3) unsuccessful entry attempt, and also locks the account if the customer was inactive for 90 days.
7.4. If the customer changes his or her mind and deletes the content of the virtual shopping basket, can return anytime to the main page of the Webshop and every shopping detail will be deleted.
7.5. The customer must provide all of the information to the Supplier what are needed to fulfill the order, to do the invoice or delivery of the product. These details are the electronic personal information too, like email address and phone number.
7.6. During the purchase process the customer has to chose the needed products from the Webshop and after the selection set the number of pieces he wants from the products or other details if applicable, then click on the “Put into the Cart” button. In this phase the customer will arrive to the “List of products in the Cart” page (Cart), where he can check the list of chosen products. Here, the customer has the opportunity to delete products from the cart (“Delete” icon), modifying the quantity, or “Continue shopping”, what will bring him back to the main page of the Webshop. In the last case the already-chosen products will stay in the “Cart”. The customer can any time view and modify the products to be purchased by clicking on the “Cart” icon.
7.7. In the moment you place your order, you will be obliged to place your payment. Please place your order just and only if you can do the payment and you are able to take all the obligations in section 10. If the delivery failed because the customer (not accepted or not paid) we will be able to send the product again only in case of prepayment.
8. Processing and delivery of orders
8.1. The processing of the orders is partially a manual and partially an automated process. The manual process of the orders are on weekdays between 9:00 to 16:00, the automated processing, without the out of service times (eg. maintenance) are 7x24. You can place your order anytime, but we cannot take the not planned shutdowns into account. The orders placed after 13:00 on Thursdays will be delivered only on next Tuesday.
8.2. After placing your order you will receive a verifying email to the email address you registered with. The process of the purchase is finished with the verifying email. Please if you do not get the verification in 48 hours, please check your “Spam” folder in your mailbox, or call our customer service. The supplier does not take responsibility for the unverified orders if it is from the inaccurate information given by the customer.
8.3. If the Supplier cannot fulfill the order by lack of stock from the ordered product, the Supplier informs in the possibly shortest period of time, but maximum in 8 days, and refunds the sum paid in advance.
8.4. The Supplier holds the right to reject verified orders, if it cannot fulfill the order because the above mentioned changes. The partial fulfillment of the order can be taken only after detailed communication with the customer. In such cases if the price of the product has been paid in advance it will be refunded in the possibly shortest period of time, but maximum in 8 days, and refunds the sum paid in advance.
9. Delivery of the product
9.1. The products will be delivered in every case. In case of purchase from the Webshop there is no possibility to pick it up personally.
9.2. The delivery is handled by the shipping partner of the Webshops provider according to Chapter 4. of this document (reffered hereinafter as “Messenger”) The product provided as the company is being shipped to the given address of the client, where the messenger checks the details of the purchase and in case of post paid order, takes the price of the product and the service – if applicable. The scopes of the Messenger, eg. holding the data of the customer and the purchase, and the whole process is covered by a NDA with full privacy.
9.3. Shipping can be reaquested in the whole country. Delivery address can be home address or work address either. The delivery address can be different from the billing address. It is suggested to give a delivery address where the customer can be reached during the estimated time of the delivery.
9.4. The delivery fee matrix can be found in chapter 10.2 of this document.
9.5. The delivery times can be requested on the workday; Tuesday, Wednesday, Thursday and Friday between the hours of 8:00-17:00. We recommend to upon order of delivery service provide an address where is possible the reception of the product during the delivery time.
9.6. The package containes the bill of the purchase.
9.7. Please check the packeg and the product upon delivery while the messenger is still there, and if you notice any damage on the packing ask for filing a report from the Messenger. If the package is damaged the Customer has the right to refuse it. The provider cannot be accounted any complaint after delivery if it wasn’t recorded by the Messenger.
10. Terms of payment
10.1. The fees of communication between the partners (fee of internet or phone calls) are paid by the initiator.
10.2. The fees paid by the customer are the followings: (i) the price of the Product, (ii) delivery fee, (iii) processing fee. The Provider does not apply any other fees on the Customer.
Upon usage of cash substitute tool (eg. bank card) all banking and transfer fees are paid by the Customer.
The fees and price of the delivery is written in the Appendix 1. of this document.
In the case of postpaid purchase price of the delivery is written in the Appendix 2. of this document.
10.3. The price of the product with VAT is indicated after each product, next to the price of the product.
10.4. The full price of the purchase is included in the summary of the purchase and the response email contains all of the charges.
10.5. The price of the products found in the Webshop are indicated in Hungarian Forint, and every other fees and delivery fees are counted in Hungarian Forint too, what are including VAT.
10.6. The Provider does not ask and does not accept any financial securities from the Customer.
10.7. For placing an order and purchase a product no loan can be requested from the Provider – not even through other providers.
10.8. According to the Financial Laws of Hungary the Provider sends the bill to the Customer within the package on delivery what contains every information required by the Law.
10.9. The payment for the product purchased can be made through cash, postpaid purchase or wired transfer, upon request.
10.9.1. Cash payments can be made by postpaid order or cash payment at the office and shop of the provider at the address 1124, Budapest Fürj utca 2. Postpaid order can be contain additional fees what are paid by the customer. Upon postpaid order the customer will be paying for the product, delivery fee and the postpaid fee to the representative of the Delivery company.
10.9.2. If the customer chose to make the payment through wire transfer that means prepayment .In this case we are sending a proforma bill what will be sent to the Customer before sending the product. The proforma bill does not valid for tax refund. In case of not transferring the price of the product the order will be deleted.
11. Right to recede
11.1. The contract for purchasing any products from the Webshop, the Customer can be recede (i) from the start of the contract until receiving the product, (ii) 14 (fourteen) days from receiving the product. If the customer did not receive any written respond, then 14 days from the day of the respond can recede from the order.
11.2. The customer does not have to reason the receding.
11.3. If the customer recedes in writing it is valid in time if the customer used the form in Appendix 3. of this document or made a univocal statement before the indicated deadlines in front of the customer service of the provider (including the address indicated earlier in this document or its electronic address or fax number). The receding can be communicated through email. the email receding must be confirmed in 2 workdays upon receiving.
11.4. In case of receding the customer must return the product to the provider, to the address indicated earlier in this document. The customer must return the product without unreasonable late, or in 14 days upon receiving to the providers’ customer service point. The due date is kept if the product was posted before the 14th day from receiving. The customer must pay the returning fees of the product, but for other expenses cannot be accountable.
11.5. The provider must refund the customer after the return, but at least in 14 (fourteen) days from the day of receding, including the delivery price and the processing fee (including the price of delivery if the customer chose more expensive delivery service than the suggested). In case of return, the proved has the right not to refund the customer until the customer returned the product or proved without any doubts that sent the product back to the provider; from the two dates, the earlier must be taken into account. The refund will be delivered on the same way like the payment was, in spite if the customer chose otherwise.
11.6. The provider can demand the reimbursement of its damage if the product wasn’t used in a proper way. The customer can be accountable for this just and only if the misusage of the product is proven, according to its features and pursuit.
12.1.1. The provider can assume warranty over the product, or warranty can be applicable on the product according to the Law of Warranty of consumer’s products 151/2003. (IX. 22.) Gov. Act.
12.1.2. The warranty prescribed by the law is not applicable if the provider assume warranty in the contract.
12.2. Partial warranty
12.2.1. The Customer – in case of the failed service of the Provider – can claim his warranty rights according to the connecting law of the Civil Law.
12.2.2. The customer – as his or her choice – can request partial warranty from the Provider – or as agreed can request replacement of the product if the repair costs would overwhelm the Provider. If the Customer did not request the replacement, or cannot request it, can ask for the partial refund or can cancel the contract.
12.2.3. The customer can decede his lawful right of warranty for another product too, but the difference in the price must be paid by the customer, inspite if it was reasoned or the provider caused the change.
12.2.4. The warranty claim must be taken as valid in time for any error of the product what caused the problem.
12.2.5. If the customer uses his or her right of warranty above part of the product, from the point of view of the product, must be separated from the warranty of other parts.
12.2.6. If the damage in the product comes from the misuse by the customer (eg. wrong way of storage), the customer must bear the consequences and the responsibility of the claim, if the provider gave enough details about the usage and storage of the product.
12.3. Full warranty
12.3.1. The Ptk. (Code of civil law in Hungary) defined the customer can use his or her right for warranty in front of the provider according to the connecting law. The product counts as malfunctioning, if it doesn’t fit the quality requirements of the manufacturer during the time of vending, or does not bear the quality features set by the manufacturer.
12.3.2. In the means of product warranty, the customer can demand that the manufacturer (or the provider who is also the vendor) replace the product.
12.3.3. In case of replacement the costs of the process of the warranty are paid by the manufacturer (Provider).
12.3.4. The manufacturer (provider) obtains acquittance from the bond of warranty if proves the followings:
(a) the product was not manufactured or sold as a registered business or as an individual vendor;
(b) the error was not possible to reveal due to the lack scientific and technical knowledge; or
(c) the error of the product was caused by legal requirements.
12.4. The warranty claim of the customer must be during the period of warranty, but in limitation of two years from the date of selling (the date of the fulfillment of the delivery).
12.5. Partial, product and full warranty claims cannot be submitted in the same time.
12.6. Any warranty claims what were coming up during the warranty time must be covered by the Provider (in case of product warranty by the manufacturer) and must replace or repair the product on their own costs.
12.7. The costs of warranty must be paid by the provider, the costs of product warranty must be paid by the manufacturer.
12.8. The customer must inform the provider about the experienced errors of the product immediately upon revelation (or inform the manufacturer in case of product malfunction). In case if the customer reveals the error he must inform the provider in 2 (two) months from the time of finding.
14.1. The contents of the Webshop and every other connection material are falling under the protection of the copyright and the owner of these rights is the Provider.
14.2. The provider holds every right in connection of the Webshop, every parts and its full content (including images, texts and documents too). It is forbidden to download, store, process or sale of any part or in whole without the pre-permission of the Provider.
14.3. The Provider permits the users to use and download and print the content of the webshop on his or her own computer for private use, but forbids distributing it to third parties. This permits the users only for handling the original copy of the content or its archivation.
14.4. The provider holds the right to cease its websites, to change its content, or restrict the reach of them. The provider does not take any responsibility for continuous operation of the websites, and to keep the operation without errors. The provider disclaims every responsibility for any damage caused by the errors of the website, and from cases if the content is unreachable by the errors of the website. The provider does not take any responsibility for the content of any third parties connecting to the website, or to contents what are referring to its website.
15. Claims and legal debates
15.1. Any questions and observations connecting to our products can be asked from our customer service points.
15.2. In case of complain you can reach us on the address written in this document. We investigate every complaint and take care of them immediately. If you don’t agree with the answer or action taken after your complaint or the immediate investigation is not possible, we are recording your complaint in a report in two copies and we will inform you as soon as possible about the outcomes. Your complaint will be answered in 30 days according to the law.
15.3. The provider and the customer should settle every debate in a peaceful manner. In case of legal debate you can initiate mediation in your local chamber of commerce, where mediaton services are reachable. The goal of their mediators is to help the parties to reach a peaceful agreement in a quick and satisfying way and help the customers in their rights.
The process of the mediation must be at your geographically entitled mediator according to your address. If you do not have a registered address, the eligible state organization will entitle a mediator to conduct the process.
Website with the list of mediators: http://www.ofe.hu/inet/ofe/hu/menu/bekeltetes.html
The geographically entitled mediator of the provider:
Mediator Committee of Budapest
Address: 1016 Budapest, Krisztina krt. 99.
Name: Dr. Baranovszky György
We try to do our best to agree with our customers out of the court, but we don’t accept the mediators agreements in every case.
17. Scope and Effect
17.1. The current Terms&Conditions are taken effect from the date of 1st of June 2015 and are in effect until modification or countermand
17.2. The provider holds the right to modify its Terms&Conditions. If such modification takes place it will be advertised on the website before it takes effect.
18. Applicable laws
18.1. The following laws and acts are in power in connection of the relation and the current procedure:
1.1.1. The act of Civil law year 2013 law number V. („Ptk.”);
1.1.2. the law about the electronic customer services and electronic trade 2001. year CVIII. law („Ekertv.”);
1.1.3. the law about trade 2005. year CLXIV. law (a „Kertv.”);
1.1.4. the law about the financial and advertising activities 2008. year XLVIII. law ( „Grt.”);
1.1.5. the law about information security 2011. year CXII. law („Infotv.”);
1.1.6. the law about the warranty of different products 151/2003. (IX. 22.) Gov. Act.;
1.1.7. the law about trading services 210/2009 (IX. 29.) Gov. Act.;
1.1.8. the law about the contractual relation between the customer and the provider 45/2014 (II. 26.) Gov. Act.;
1.1.9. the law about the trade acts and contracts between the customer and the provider 19/2014 (IV. 29.) NGM act.;
19. Mixed rulings
19.1. This documents rules the relation between the provider and the customer. If the person of the buyer cannot be taken as customer, the current Terms & Conditions are not applicable.
19.2. The provider has the right to hire a third party to fulfill its obligations. The provider is responsible of the wrongdoings of the third party.
19.3. If some of the parts of the Terms&Conditions are ceased to be in power, the rest of the rulings are still remain applicable.
19.4. If the provider does not applies and of his rights written in the Terms & Conditions it does not mean that the provider decedes from this right. Every right the provider decedes must be in written statement. If the provider does not stick to one or more of his rights in this document, does not mean that the provider won’t use it next time.
Information about the costs of delivery:
The cost of delivery can be different according to the weight and value of the products. Please watch the delivery costs written next to the price fo the decent product in the webshop.
HYD Rákkutató és Gyógyszerfejlesztő
Korlátolt Felelősségű Társaság
Budapest, XII. ker.
Fürj utca 2.
I the undersigned declare, that I/We would like to apply my/our right to recede from the order of the following product:
Time of contraction / time of delivery:
Name of the Product:
Quantity of the product:
Name(s) of the customers(s):
Address of the customer(s):
Signature of the customer(s):
[City], [year, month, day]
(only in case of hardcopy)