Terms and conditions
A contract created on the basis of this document is not filed (it is not accessible afterwards, the conclusion of the contract is proven by the order data), it is created with a legal declaration made with indicative behavior, it is not considered a written contract, it is written in Hungarian, and it does not refer to a code of conduct. If you have any questions about the operation of the webshop, the ordering and delivery process, we are available at the contact details provided.
The scope of these GTC covers legal relationships on the Service Provider's website (http://www.cyberobot.hu/) and its subdomains. These Terms and Conditions are continuously available (and can be downloaded and printed at any time) from the following website: https://cyberobot.hu//aszf.
User: Any natural, legal person or organization that uses the services of the Service Provider and enters into a contract with the Service Provider.
Consumer: A User who is a natural person acting outside the scope of his profession, independent occupation or business activity.
Business: A person acting in the scope of his profession, independent occupation or business activity.
Service Provider: A natural or legal person or an organization without legal personality that provides services related to the information society, who provides services to the User and who enters into a contract with the User.
1. SERVICE PROVIDER DATA:
Name of the service provider: Techsend Kft.
The registered office of the service provider (and also the place of complaint handling): 1107 Budapest, Monori utca 2-4. E/5-1.
The service provider's contact information and regularly used electronic mail address for contacting users: firstname.lastname@example.org
Company registration number/registration number of the service provider: 01 09 340638
Tax number of the service provider: 26712309-2-42
Name of registering authority / licensing authority and license number (if any): Company Court of the Capital City Court
The service provider's phone number is +36/70-301-5667
Language of the contract: Hungarian
Name, address, e-mail address of the hosting provider:
4028 Debrecen, Kassai út 129
2. BASIC PROVISIONS:
2.1. Questions not regulated in these Terms and Conditions, as well as the interpretation of these Terms and Conditions, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk") and certain issues of electronic commercial services and services related to the information society CVIII of 2001 (Elker. tv.) Act and 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the provisions of the Government Decree. Special products are governed by the relevant sectoral legal provisions. The mandatory provisions of the relevant legislation apply to the parties without special stipulations.
2.2. These GTC are effective from August 18, 2020 and will remain in effect until revoked. The Service Provider will publish the amendments to these Terms and Conditions on the website and notify registered and/or previously purchased Users of the change by e-mail. The amendments do not affect previously concluded contracts, i.e. the amendments do not have retroactive effect.
2.3. The service provider reserves all rights regarding the website, any part of it and the content appearing on it, as well as the distribution of the website. The downloading, electronic storage, processing and sale of the contents appearing on the website or any part thereof is prohibited without the written consent of the Service Provider.
2.4. The Service Provider is not responsible for the sale and purchase of products published on other websites that are not connected to the Service Provider and are not operated by the Service Provider.
3. REGISTRATION / PURCHASE
3.1. The user is obliged to provide his/her own, real data during the service request/order/subscription. In case of providing untrue data or data linked to another person during the service request/order/subscription, the resulting electronic contract is void, or if it hides another contract, the rights and obligations of the parties must be judged on the basis of the hidden contract. The Service Provider excludes its responsibility if the User uses its services on behalf of another person, with the data of another person.
3.2. The Service Provider shall not be held responsible for delivery delays or other problems or errors that can be traced back to wrongly and/or inaccurately provided data by the User. However, the Service Provider informs the Users that, after consultation with the User and clear identification, the wrongly entered data can be corrected in the order so that invoicing and delivery are not hindered.
3.3. The Service Provider shall not be held liable for damages resulting from the User forgetting his or her password or it becoming accessible to unauthorized persons for any reason not attributable to the Service Provider (if there is registration on the site).
4. RANGE OF PRODUCTS, SERVICES AND PRICES THAT CAN BE PURCHASED
4.1. The displayed products can be ordered online (in some cases by phone) from the online store. The prices displayed for the products are in HUF, gross prices (therefore they include the statutory 27% VAT, or if the Service Provider invoices without VAT, the prices are the amounts to be paid), however, they do not include fees related to delivery or payment. Separate packaging costs - will not be charged, unless the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration. 4/2009 on the detailed rules for indicating the sales price and unit price of products, as well as the price of services. (I. 30.) NFGM-SZMM joint decree rules.
4.4. If, despite all the care of the Service Provider, an incorrect price appears on the website of the Webstore, or a price of "0" HUF or "1" HUF appears due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option of rejecting the offer and can offer confirmation of the correct price, knowing which the User has the right not to accept the modified offer. By wrong price we mean the price at which the entrepreneur does not have the contractual will to conclude the contract. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations arise.
5. ORDER PROCESS
5.1. After registration, the user logs into the webshop/or can start shopping without registration.
5.2. User sets the number of products to be purchased.
5.3. The user places the selected products in the basket. The user can view the contents of the basket at any time by clicking on the "basket" icon.
5.4. If you don't want to buy an additional product, check the quantity of the product you want to buy. You can delete the contents of the basket by clicking the "delete - X" icon. To finalize the quantity, the User clicks on the "+,-" icon.
5.5. The user enters the delivery address and then the delivery/payment method, the types of which are as follows:
5.5.1. Payment methods:
Personal collection: In cash upon collection at the Service Provider's business premises or at another location designated by the Service Provider: In case of choosing payment upon receipt of the goods, the User shall pay the purchase price of the product in cash at the Service Provider's business premises or at another location designated by the Service Provider. Cash payments are only possible in Hungarian forints (HUF).
By bank transfer: The user must transfer the value of the ordered products to the bank account in the confirmation e-mail within 3 days. After the amount has been credited to the Service Provider's bank account, the User is entitled to receive the product(s) in the manner specified by him.
Online by bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Online bank card payments are made through Barion's system. The bank card data will not reach the merchant. Barion Payment Zrt., which provides the service, is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/20135.5.2. Shipping cost (gross amounts):
Basic home delivery: EUR 5
5.6. If there is an error or deficiency in the products or prices in the webshop, we reserve the right to make corrections. In such a case, we inform the customer of the new data immediately after the error is recognized or modified. After that, the user can confirm the order once more or withdraw from the contract.
5.7. The final amount to be paid includes all costs based on the summary of the order and the confirmation letter. User according to Ptk. 6:127. pursuant to §, it is obligatory to inspect the package without delay, preferably in front of the courier upon delivery, and in case of possible damage to products or packaging, it is obligatory to request a report, in case of damage, the package is not obliged to be accepted.
5.8. After entering the data, the User can send his order by clicking on the "order" button, but before that, he can check the entered data one more time, send a comment with his order, or send us an e-mail of any other wishes related to the order.
5.9. With the order, the user acknowledges that he is obligated to pay.
5.10. Correction of data entry errors: Before closing the order process, the user can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the basket, if the basket does not contain the quantity to be ordered, the User can enter the number of the quantity to be ordered in the data entry field in the quantity column. If the User wishes to delete the products in the basket, click the "X" "delete" button. During the order, the User always has the opportunity to correct/delete the entered data.
5.11. The user will receive a confirmation by e-mail after sending the order. If this confirmation is not received by the User within the expected deadline depending on the nature of the service, but no later than 48 hours after the User's order has been sent, the User shall be released from the binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation is not received on time because the User entered the wrong e-mail address during registration, or because the storage space belonging to the account is full, the User is unable to receive messages.
5.12. The user acknowledges that the confirmation described in the previous point is only an automatic confirmation and does not create a contract. The contract is created when the Service Provider notifies the User in a new e-mail about the details of the order and its expected fulfillment after the automatic confirmation mentioned in the previous point.
5.13. In any case, packages sent to the wrong address by mistake must be returned to the Service Provider by the recipient. The cost of this is borne by the Service Provider.
5.14. Special warranty and guarantee rules:
Goods returned from warranty/other administration are stored free of charge for 7 days after notification in the case of personal collection after telephone/email notification. After the 7th day, we charge a storage fee of HUF 500 per day for the goods not received, which can be settled by cash/bank card/transfer when the goods are received. Goods not received for 30 days, or where the storage fee exceeds the value of the stored goods, will no longer be stored. We do not send a separate notification about the termination of storage.
Batteries are covered by a 1-year warranty due to natural wear and tear, unless other information is provided for the battery on the product sheet. This can also be valid in cases where the device has a built-in battery, e.g. uninterruptible power supplies.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed in the order of receipt on working days during working hours. It is also possible to place the order outside of the times marked as processing the order, if it is done after the end of working hours, it will be processed on the following working day. The service provider's customer service will always confirm electronically when it can fulfill your order.
6.2. General deadline, within 1-5 working days from the conclusion of the contract.
6.3. Based on the sales contract, the Service Provider is obliged to transfer the ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by him takes possession of the item. The risk of damage is transferred to the buyer upon handover to the carrier, if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.
6.5. In case of delay by the Service Provider, the User is entitled to set an additional deadline. If the seller does not perform within the additional deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if
a) the Service Provider refused to perform the contract; obsession
b) according to the agreement of the parties or due to the recognizable purpose of the service, the contract should have been performed at the specified performance time - and not at any other time.
6.7. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to notify the User immediately.
7. RIGHT OF WITHDRAWAL
7.1. Directive 2011/83/EU of the European Parliament and the Council, as well as Regulation 45/2014 on the detailed rules of contracts between consumers and businesses. (II.26.) Pursuant to the regulations of the Government Decree, the Consumer has the right to cancel without giving reasons.
The consumer's right of withdrawal or termination
a) in the case of a contract for the sale of a product
aa) of the product,
ab) when buying and selling several products, if each product is delivered at a different time, to the last delivered product,
ac) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,
ad) if the product must be supplied regularly within a specified period, the first service,
it can be exercised within fourteen days from the date of receipt by the consumer or by a third party other than the carrier indicated by him.
If the Service Provider does not comply with this information, the 14-day withdrawal period will be extended by twelve months. If the Service Provider provides the information after the expiration of 14 days from the date of receipt of the product or the date of conclusion of the contract, but within 12 months, the deadline for withdrawal is 14 days from the date of communication of this information.
7.2. The Consumer can exercise his right of withdrawal with a clear statement to that effect, or pursuant to Article 45/2014. (II.26.) by means of the declaration model specified in Annex 2 of the Government Decree.
7.3. The period open for exercising the right of withdrawal expires 14 days after the day on which the Consumer, or a third party indicated by him, other than the carrier, receives the product.
7.4. The consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product.
7.5. The cost of returning the product must be borne by the Consumer, the Service Provider did not undertake to bear this cost.
7.6. In the case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the product.
7.7. The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured product that was produced based on the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the consumer.
7.8. The Consumer may also not exercise his right of withdrawal
the. in the case of a contract for the provision of a service, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the Consumer, and the Consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
b. with regard to a product or service, the price or fee of which depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the deadline for exercising the right of withdrawal;
c. regarding a perishable product or a product that retains its quality for a short time;
d. with regard to a product with closed packaging that cannot be returned after being opened after delivery for reasons of health protection or hygiene;
e. with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
f. with regard to an alcoholic beverage, the actual value of which depends on market fluctuations in a manner beyond the company's control, and the price of which was agreed upon by the parties when concluding the sales contract, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;
g. in the case of a business contract in which the business visits the Consumer at the express request of the Consumer in order to carry out urgent repair or maintenance work;
h. with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the Consumer has opened the packaging after the transfer;
i. with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;
j. in the case of contracts concluded at a public auction;
k. with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or a service related to leisure activities, if a deadline or deadline for performance defined in the contract has been agreed;
l. with regard to the digital data content provided on a non-material data carrier, if the business has started performance with the express, prior consent of the Consumer, and the Consumer has simultaneously declared with this consent that he/she will lose his/her right of withdrawal after the start of performance.
7.9. The service provider shall refund the entire amount paid by the consumer as compensation, including those related to the performance, immediately, but no later than fourteen days from the day the business becomes aware of the cancellation of the absentee contract.
7.25.5. When buying and selling several products, if the individual products are delivered at different times, the customer can exercise the right of withdrawal within 14 days of receiving the last delivered product or product consisting of several items or pieces.
A service provider performs incorrectly if, at the time of performance, the service does not meet the quality requirements established in the contract or legislation. The Service Provider does not perform incorrectly if the rightholder knew the error at the time of the conclusion of the contract, or should have known of the error at the time of the conclusion of the contract.
In the contract between the consumer and the company, the stipulation that deviates from the provisions of this chapter on accessory warranty and warranty to the disadvantage of the consumer is void.
Multiple warranty rights are only available to Users who qualify as consumers according to the Civil Code.
User who is a business: a person who acts in the scope of his profession, independent occupation or business activity.
8.1. In what cases can the User exercise his accessory warranty right?
In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
8.2. What rights does the User have based on his accessory warranty claim?
The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not, or could not, request the repair or replacement, you can request a proportional reduction of the compensation or - as a last resort - you can also withdraw from the contract. You can switch from your chosen accessory warranty right to another one, but the cost of the switch is borne by the User, unless it was justified or the company provided a reason for it.
The Consumer is also entitled - in accordance with the severity of the breach of contract - to request a proportional delivery of compensation or to terminate the sales contract if
a) the company did not carry out the repair or replacement, or did it, but did not carry out partial or complete decommissioning and re-commissioning, or refused to make the goods conform to the contract;
b) a repeated performance error occurred, despite the fact that the company attempted to make the goods conform to the contract;
c) the performance error is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract; obsession
d) the business has not undertaken to make the goods conform to the contract, or it is clear from the circumstances that the business will not make the goods conform to the contract within a reasonable time or without significant damage to the interests of the Consumer.
If the Consumer wishes to terminate the sales contract citing faulty performance, the company bears the burden of proving that the fault is insignificant.
The Consumer is entitled to withhold the remaining part of the purchase price - depending on the severity of the breach of contract - in whole or in part, until the company fulfills its obligations related to the conformity of the performance with the contract and defective performance.
The reasonable deadline for repairing or replacing the goods shall be calculated from the time when the Consumer informed the company of the defect.
The consumer must make the goods available to the company in order to complete the repair or replacement.
In the case of a contract between a consumer and a business, the business must ensure the return of the exchanged goods at its own expense. If the repair or replacement requires the removal of goods that were put into operation in accordance with the nature and purpose of the goods - before the defect became detectable - then the obligation to repair or replace includes the removal of the non-conforming goods and the commissioning of the replaced or repaired goods placing or bearing the costs of removal or commissioning.
Delivery of compensation is proportional if its amount is equal to the difference between the value of the goods that the Consumer is entitled to in the case of contractual performance and the value of the goods actually received by the Consumer.
The Consumer's right to terminate the sales contract can be exercised with a legal statement addressed to the company expressing the decision to terminate.
If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist in respect of them, the Consumer may terminate the sales contract only with regard to the defective goods, but the
If it turns out that the product cannot be repaired
If, during the first repair of the consumer product during the warranty period, the Service Provider determines that the consumer product cannot be repaired, the Service Provider is obliged to replace the consumer product within 8 days, unless otherwise ordered by the Consumer. If it is not possible to exchange the consumer product, the Service Provider is obliged to refund the purchase price to the Consumer within 8 days.
If the product breaks for the fourth time
If, during the warranty period, the consumer product fails again after being repaired 3 times - if the Consumer does not request a proportional reduction of the purchase price, and the Consumer does not wish to repair the consumer product at the company's expense or have it repaired by someone else, the Service Provider is obliged to return the consumer product within 8 days replace inside. If it is not possible to exchange the consumer product, the Service Provider is obliged to refund the purchase price to the Consumer within 8 days.
If it cannot be fixed within 30 days
If the consumer item is not repaired by the 30th day from the date of notification of the repair request to the Service Provider, the Service Provider is obliged to replace the consumer item within 8 days after the unsuccessful expiration of the thirty-day deadline, unless otherwise ordered by the Consumer. If it is not possible to replace the consumer item, the Service Provider is obliged to refund the purchase price to the Consumer within 8 days after the ineffective expiry of the thirty-day correction period.
8.14. When is the company released from its warranty obligation?
The Service Provider is exempted from its warranty obligation only if it proves that the cause of the defect arose after performance. We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other, otherwise, the Consumer is entitled to the rights arising from the warranty regardless of the rights described in the product and accessory warranty chapters.
8.15 The service provider does not have a warranty beyond the warranty period (professionally expected lifetime) for damages resulting from natural wear and tear/obsolescence.
8.16. The service provider is also not responsible for any warranty or guarantee for damages caused by incorrect or negligent handling after the risk of damage has passed, excessive use, impacts other than those specified, or other improper use of the products.
8.17. If the Consumer asserts a replacement request within three working days of the purchase (commissioning) due to the failure of the consumer product, the Service Provider is obliged to replace the consumer product, provided that the failure prevents the intended use.
9. PROCEDURE IN CASE OF A WARRANTY CLAIM (IN THE CASE OF USERS CONSIDERED AS CONSUMERS)
9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the disadvantage of the consumer.
9.2. It is the Consumer's duty to prove the conclusion of the contract (with an invoice or even just a receipt).
9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (§ 6:166 of the Civil Code).
9.4. The Service Provider is obliged to take a record of the warranty or guarantee claim reported by the Consumer.
9.5. A copy of the protocol must be made available to the Consumer immediately and in a verifiable manner.
9.6. If the Service Provider is unable to make a statement on the fulfillment of the Consumer's warranty or guarantee claim when it is reported, it must notify the Consumer of its position - in the case of rejection of the claim, the reason for rejection and the possibility of turning to the conciliation body - within five working days, in a verifiable manner.
9.7. The Service Provider is obliged to keep the protocol for three years from the date of its recording and present it at the request of the inspection authority.
9.8. The Service Provider must endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider must inform the Consumer of the expected duration of the repair or replacement. The information is provided with the prior consent of the Consumer, electronically or in another way suitable for proof of receipt by the Consumer.
10. MISCELLANEOUS PROVISIONS
10.1. The service provider is entitled to use a contributor to fulfill its obligations. You are fully responsible for its illegal behavior, as if you had committed the illegal behavior yourself.
10.2. If any part of these Regulations becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts will not be affected.
10.3. If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right shall not
10.4. The Service Provider and the User try to settle their disputes amicably.
10.5. The parties confirm that the Service Provider's webshop operates in Hungary and that its maintenance is also carried out here. Since the site can also be visited from other countries, users expressly acknowledge that Hungarian law is the governing law in the relationship between the user and the Service Provider. If the user is a consumer, Pp. Based on Section 26 (1), the court of the defendant's (Consumer's) domestic residence has exclusive jurisdiction in disputes arising from this contract against the Consumer.
10.6. The Service Provider does not apply different general access conditions regarding access to the products in the webshop for reasons related to the User's nationality, place of residence or place of establishment.
10.7. The Service Provider does not - with regard to the payment methods it accepts - apply different conditions to the payment operation for reasons related to the User's nationality, place of residence or place of establishment, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash-substitute payment instrument within the European Union because of
10.8. The service provider complies with the 2006/2004/EC and (EU) 2017/2394 regulations on taking action against unjustified territory-based content restrictions and other forms of discrimination based on the customer's nationality, place of residence or place of establishment, as well as 2009/22 /REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the EC directive.
11. PROCEDURE FOR COMPLAINT HANDLING (IN THE CASE OF USERS WHO ARE CONSUMERS)
11.1. The aim of the service provider is to fulfill all orders in a suitable quality, with the complete satisfaction of the customer. If the User still has any complaints regarding the contract or its performance, he can communicate his complaint to the above telephone number, e-mail address, or by letter.
11.2. The service provider examines the verbal complaint immediately and remedies it as necessary. If the customer does not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, the Service Provider will immediately record the complaint and its position on it, and hand over a copy of it to the customer.
11.3. The Service Provider will respond to the written complaint in writing within 30 days. He gives reasons for his position rejecting the complaint. The minutes of the complaint and the copy of the response are kept by the Service Provider for 3 years and presented to the inspection authorities upon their request.
11.4. We would like to inform you that if your complaint is rejected, you can initiate the procedure of an official or conciliation body with your complaint, as follows:
11.5. The Consumer can file a complaint with the consumer protection authority:
The Fgytv. 45/A. Paragraphs (1)-(3) of § 387/2016 on the appointment of the consumer protection authority. (XII. 2.) Based on the government decree, the government office acts as the general consumer protection authority: https://www.kormanyhivatal.hu/hu/elerhetosegek