GENERAL TERMS AND CONDITIONS

Welcome to the website operated by Peak Performance Products Hungary Kft. (hereinafter: Service Provider). These General Terms and Conditions (hereinafter: GTC) contain the conditions for the use of the service available on the peakshop.hu website (hereinafter: Website) by the user (hereinafter: Customer).

The handling of the Customer's personal data is regulated by the Privacy Policy, which can be accessed directly from the main page or via the following link.

The technical information required for the use of the Website, which is not included in this GTC, is provided by other information available on the Website. The language of the contract is Hungarian. The contract qualifies as a written contract, they are registered by the Service Provider on the order number, so it can be accessed and viewed afterwards. The Service Provider is not subject to the provisions of any code of conduct.

By using the Website and placing an order, the Customer acknowledges and accepts the following:

1. THE SERVICE PROVIDER

Company name: Peak Performance Products Hungary Kft.

Headquarters, mailing address: 1191 Budapest, Ady Endre Street 42-44.

Phone: + 36-1- 280-12- 72 + 36-20- 367-9910

E-mail: support@peakshop.hu

VAT number: 13851181-2- 43

Company registration number: 01-09- 876586

EU VAT number: HU13851181

Name of the court of registration: Company Registry Court of Budapest

Bank account number: 11719025 - 20001395

Account Manager Bank: OTP

OTP IBAN: HU94 11719025 20001395 00000000

SWIFT CODE: OTP VHUHB

Hosting provider:

Amazon Web Services, Inc.

Address: P.O. Box 81226 Seattle, WA 98108-1226

Phone: (206) 266-4064

Email: copyright@amazon.com

Range of products sold

Peak Performance Products Hungary Kft. has all the regulatory approvals required by law for both the operation of the Website and the sale of the products.

All Peak Performance products are made according to the criteria of the HACCP concept. The images on the Website are illustrations from the manufacturer's (Peak Performance Products SA - Luxembourg) catalogue or website, and our manufacturers reserve the right to change the actual products - in terms of packaging, labelling, implementation, due to continuous improvement.

The https://peakshop.hu/ and https://peakshop.eu/ websites are the exclusive Hungarian distributors of Peak Performance Products SA's products, as well as they are their non-exclusive European distributor, therefore, the Customer can get information about these products in the fastest and most accurate way, in Hungarian, from these websites.

 

2. TERMS OF USE

2.1. Liability

The Customer may use the Website only at his own risk and accepts that the Service Provider shall not be liable for material and non-material damages arising during use in addition to liability for intentional breach of contract and damage to human life, physical integrity or health. The Service Provider excludes all liability for the conduct of the users of the Website. The Customer is obliged to ensure that the use of the Website does not infringe the rights of third parties or the law, either directly or indirectly. The Customer is fully and exclusively responsible for his own conduct, in such a case the Service Provider fully cooperates with the acting authorities in order to detect violations.

The Service Provider is entitled, but not obliged, to check the content that may be made available by the Customers during the use of the Website, and the Service Provider is entitled, but not obliged, to look for signs of illegal activity with regard to the published content. The pages of the service may contain connection points (links) that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.

Due to the global nature of the Internet, the Customer agrees to act in accordance with the provisions of the relevant national legislation when using the Website. If any activity related to the use of the Website is not permitted under the law of the Customer's state, the Customer shall be solely liable for the use. If the Customer notices objectionable content on the Website, he is obliged to notify the Service Provider immediately. If the Service Provider finds the signal to be justified in the course of its bona fide proceedings, it is entitled to immediately delete or modify the information.

The information provided on the Website is not a substitute for a medical opinion. If you are taking a dietary supplement in addition to your regular medicine, talk to your doctor first. The Service Provider provides the Customer with all information about the product that is necessary and sufficient according to the law. The Service Provider strives to provide detailed and accurate information as possible on the Website for each product description. It accepts no liability if any (direct, indirect) temporary or permanent damage occurs as a result of improper use or consumption.

Likewise, it shall not be liable for damages resulting from negligence or irresponsibility. Please be sure to follow the product guidelines!

2.2. Copyrights

The Website as a whole, its graphic elements, text and technical solutions, and the elements of the Service are protected by copyright or other intellectual property rights (including, in particular, trademark protection). Service Provider is the copyright holder or authorized user of all content displayed on the Website and during the provision of services available through the Website: any copyrighted work or other intellectual creation (including, but not limited to, all graphics and other materials, layout and editing of the Website interface, software and other solutions used, idea, implementation). The content or parts of the Website may be saved or printed on physical or other data carriers for private use or with the prior written consent of the Service Provider. Use beyond private use - such as storage in a database, transmission, publication or downloading, commercialization- is only possible with the prior written permission of the Service Provider.

In addition to the rights expressly specified in this GTC, the registration, the use of the Website or any provision of the GTC does not entitle the Customer to any use or utilization of any trade name or trademark on the Website. Apart from the display associated with the intended use of the Website, the necessary temporary reproduction and private copying, these intellectual works may not be used or utilized in any other form without the prior written permission of the Service Provider.

The Service Provider reserves all rights to all elements of its service, especially the domain name of peakshop.hu, the subdomains belonging to it, all other domain names occupied by the Service Provider, its sub-pages, and the Internet advertising surfaces. All activities aimed at listing, organizing, archiving, hacking, and decrypting the source code of the Service Provider's database are prohibited unless the Service Provider grants special permission to do so.

It is forbidden to modify, copy, place new data or overwrite existing data in the Service Provider's database by bypassing the interface or search engines provided by the Service Provider without a separate agreement or using the service provided for this purpose.

 

3. PURCHASE ON THE WEBSITE

3.1. Registration

The Customer can browse the content of the Website without registration. However, it is only possible to make a purchase and request a free product sample after registration. You can register when clicking on “Login” or during the ordering process. You must provide the following information to the Service Provider on the registration interface:

Contact information:

• Gender of the customer,

• Last name,

• First name,

• Contact number,

• E-mail address.

Additional information can be provided during the ordering process, such as

• billing address: billing name (if different, e.g. company name), country, zip code, city, street, house number, additional information such as entry phone.

If the billing address and the delivery address do not match, then the Customer can enter a delivery address other than the billing address during the ordering process. The Customer also has the opportunity to subscribe to the Service Provider's newsletter by checking the box on this interface.

The Service Provider informs the Customer about the success of the registration by e-mail, in which the Customer can review the data provided during the registration with the help of a summary interface. The Customer is entitled to cancel his registration at any time by sending a message to the following e-mail address: support@peakshop.hu. Upon receipt of the message, the Service Provider is obliged to immediately cancel the registration. Customer user data will be removed from the system immediately after deletion; however, this does not affect the retention of data and documents (invoices) related to orders already placed, nor does it result in the deletion of this data. Once removed, the data can no longer be restored, and a new order is only possible if the data is re-entered.

The Customer is solely responsible for maintaining the confidentiality of user access data (especially the password). If the Customer becomes aware that the password provided during registration may have been accessed by an unauthorized third party, he is obliged to change his password immediately, and if it is suspected that the third party misuses the password in any way, he must notify the Service Provider at the same time.

The Customer agrees to update the personal information provided during registration as necessary to ensure that it is timely, complete, and accurate.

3.2. Order

Among the categorized products that can be ordered on the Website, the customers can find information in the top menu and select the product they want to order. The Customer can get more information about the detailed characteristics, price, and other optional features of the product to be ordered, after clicking on the product image. By clicking on the “Add to Cart” button, the customers can select the product they want to order and place it in their virtual cart. One of the particular products will be added to the cart.

If the Customer places a product in the cart, the contents of the cart will be displayed on the right side of the screen. In the Cart interface, the Customer can view and check in detail the list of products placed in the cart, their net and gross prices, the number of pieces to be ordered and the value of the order at the bottom of the summary table, and change the quantity using the arrows.

On this interface, the Customer can change the content of his cart at any time, as he has the option to delete a product from his cart by clicking on the “X” button, or he can change the quantity (number of items) of the product using the arrows. By clicking on the “Continue Shopping” button, the Customer will be navigated back to the interface providing information on the product's features, where the Customer can continue browsing the products on the Website. By clicking on the “Start payment” button, the Customer can continue the ordering process on the Website.

If the Customer has not yet registered or logged in to the Website before browsing the Website and placing the products in the shopping cart, the Customer may choose from the followings:

• if he is a registered Customer of the Website, he can log in to the site by entering his login details or his Facebook account, or

• he can register on the Website by clicking on the “Register” button in the “I am a new customer” menu.

If the Customer has previously registered on the Website but has forgotten his password, he has the opportunity to use the password reminder option.

By clicking on the “Next” button, the system will navigate to the “Enter personal data, billing and delivery address” page, where he must enter the data required to complete the order.

After entering the details required for the order, the Customer must select the delivery method from the available options, then click the “Next” button and select the payment method. By clicking on the “Next” button, the Customer arrives at the “Order summary” interface, where he can view the ordered products, their prices, etc. and the final amount to be paid.

It is important that in order to continue the purchase, the Customer must accept these GTC and the contents of the data management information by ticking the checkbox on this interface.

After clicking on the “Order” button at the bottom of the page, the Customer can permanently send his order. The Service Provider notifies the Customer about the success of the order on the following interface, where the number of the Customer's order can also be found. The order is therefore placed by clicking on the “Order” button, which creates a payment obligation for the Customer.

3.3. Correcting data entry errors

At any stage of the order and until the order is sent to the Service Provider, the Customer has the opportunity to correct data entry errors on the Website at any time, either in his own account, which he can modify after logging in, or in the order interface (e.g. delete product from the cart by clicking on the “X” button). Data entry errors include incorrectly entered quantities, misspelling of order data, and so on. (e.g. shipping address).

3.4. Binding of offer, confirmation

The Service Provider shall confirm the arrival of the offer sent by the Customer to the Customer without delay, by automatic confirmation e-mail within 48 hours at the latest, which confirmation e-mail contains the data provided by the Customer during the purchase or registration (billing and delivery information), the order ID, the date of the order, the list of items belonging to the order, the quantity, the price of the product, the delivery cost and the final amount to be paid.

This confirmation e-mail constitutes the acceptance of the offer made by the Customer on the part of the Service Provider, with which a valid contract is concluded between the Service Provider and the Customer. The Customer is released from the obligation to make an offer if he does not receive a confirmation e-mail from the Service Provider regarding his order without delay, but no later than within 48 hours. If the Customer has already sent his order to the Service Provider and notices an error regarding the data in the confirmation e-mail, he must notify the Service Provider within 1 day in order to avoid the fulfilment of unwanted orders.

The order qualifies as a contract concluded electronically, for which Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain aspects of electronic commerce services and information society services shall apply. The contract falls within the scope of Government Decree of 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and it also takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

3.5. Product prices, discounts

The purchase price of the products displayed on the Website is indicated in a way (in gross terms) including VAT and other public charges. The purchase price of the products does not include the cost of delivery. Special packaging costs will not be charged.

The price of the products is indicated in Hungarian forints (HUF, Ft). If the Customer places an order for a product, the Service Provider undertakes to deliver the selected product to the Customer at the final consumer price valid at the time of the order, which price is included in the confirmation sent for the order. If an order or orders are modified or merged for any reason, the modified order is subject to the conditions in force at the time of the modification.

3.6. Payment

Cash:

• In cash upon receipt of the goods at the store. If the Customer chooses to pay upon receipt of the goods, the Customer shall pay the purchase price of the product in cash to the Service Provider or its agent at the Service Provider's premises. Cash payment is only possible in Hungarian forints (HUF). The Customer is entitled to receive the product after payment.

• Payment in cash on delivery OR on a manual bank terminal of the courier: If the product ordered on the Website is delivered by courier service, the Customer will pay the final amount of the order directly to the courier in cash. The choice of this payment method means an additional cost of HUF 600 for the Customer.

• Bank transfer in advance: Prior to the delivery or receipt of the ordered products, the Customer shall pay the price to the Service Provider by transfer to the bank account indicated in point 1. If this payment method is chosen, the Customer should definitely wait until the Service Provider confirms the order, and he should not start the payment earlier under any circumstances. The Service Provider will hand over the ordered product to the courier service after crediting the purchase price to the invoice or notify the Customer that his order can be picked up in person.

• Debit card payment via OTP Bank system: The final amount of the order can also be paid immediately via OTP Bank's debit card system. The system uses a secure channel and is automatic. The Bank only receives the card data provided by the Customer and required for the payment transaction on the payment page with 128-bit SSL encryption.

• The Bank will not receive any notification from the Service Provider about the personal data related to the order and information about the content of the purchase. On the other hand, the Service Provider is also not informed about the data content of the payment page, they can only be accessed by the Bank. The result of the transaction will be announced by the bank's website after the payment. To pay by card, the Customer's Internet browser must support SSL encryption. The amount paid as the final amount of the order will be immediately blocked on the current account of the Customer.

• Payment via PayPal: In this case, the Customer pays the price of the ordered product on the PayPal payment interface to the Service Provider. In order to pay with PayPal, the Customer always needs a separate account with which he can log in to use the service.

Create a PayPal account:

1. www.paypal.com

2. By clicking the “Sign in” button you can create your profile

3. You can choose whether you want to register as an individual or create a business profile

4. Enter the desired data

5. Log in with your registered email address and password

The Customer can only pay via PayPal if money is added to it via a transfer transaction.

To make a payment, the Customer must click on the “Pay with PayPal” button and then log in with the name and password of the already registered PayPal user. If all the information is correct, he needs to click on the “Continue” button. The Customer will then be redirected to the Website, where they will have to wait a few seconds for the system to process the transaction.

3.7. Invoice

Upon or before the delivery of the ordered products, the Service Provider will provide the Customer with an electronic invoice sent in EMAIL together with the product to confirm the payment.

3.8. Delivery and take-over options

Orders placed on the Website will be delivered by GLS courier service to the address or package take-over points provided by the Customer during the online order. The courier service delivers orders from 08:00 to 17:00 from Monday to Friday. If the Customer is not present at the given address during this period, it is advisable to provide a delivery address where the Customer can be sure to receive the ordered product during the delivery period.

The GLS Service Provider will send a notification to the Customer about the current status of the package by e-mail to the email address provided in the registration.

The exact way to do this is as follows:

• first email to the Customer's email address on the day of sending from the Service Provider’s warehouse: GLS Courier Service, with the package number of the ordered package, shipping information, cash on the delivery fee, if any, will send an email notification to the Customer.

• a second email to the Customer's email address: the GLS Courier Service will send an e-mail notification to the Customer with the package number of the ordered package, shipping information, the amount of the cash on the delivery fee if any, and the GLS courier's direct telephone number and a 3-hour delivery time window. 

• SMS to the Customer’s phone: the GLS Courier Service will send an e-mail notification to the Customer with the package number of the ordered package, shipping information, the amount of the cash on the delivery fee if any, and the direct phone number of the GLS courier and a 3-hour delivery time window.

If the Customer is not present at the delivery address provided by the courier service and the receipt of the package fails, the courier will leave a notice at the delivery address. With the help of the number on the notice, the Customer has the opportunity to enter or agree on a new delivery address and time at the courier service. The courier service will try to deliver the ordered products 1 more time.

The courier service will try to deliver twice in total, however, if the 2nd delivery is also unsuccessful - for reasons attributable to the Customer - then the courier will return the product and the Service Provider may resell it and cancel the order. In such a case, if the Customer subsequently requests the re-delivery of the product, he is obliged to pay the cost of the new delivery to the Service Provider.

If the Customer experiences damage to the product or packaging during receipt, he must ask the courier to keep a record of the damage. And if the packaging or the product is visibly damaged upon receipt, and the damage occurred before the receipt of the goods, the Service Provider will provide the return of the product free of charge. The Service Provider is not responsible for any damage detected after receipt!

3.9. GLS Parcel Point

The delivery fee is cheaper and you do not have to wait for the courier at home, as the package can be picked up at the specified parcel point selected by the Customer for 8 days after the Service Provider has notified the Customer of the earliest date of receipt. If the Customer experiences damage to the product or packaging during receipt, he must ask the seller to keep a record of the damage. If the packaging or the product is visibly damaged upon receipt, and the damage occurred before the receipt of the goods, the Service Provider will provide the return of the product free of charge. The Service Provider is not responsible for any damage detected after receipt!

3.10. Personal takeover

The customer can also pick up the ordered products in person at 42-44 Ady Endre Street, 1191 Budapest, at opening hours.

Opening Hours:

From Monday to Friday: 09:00-16:30

Saturday: closed

Sunday: closed

The Service Provider shall notify the Customer by e-mail of the earliest date of receipt of the product.

3.8.1. Shipping cost

You can find out more on the Website, within the Shipping Information menu, which is an integral part of these GTC.

3.8.2. Delivery deadline

The deadline for delivery of the order is 3-5 business days. Unless otherwise agreed by the Parties, the Service Provider is obliged to make the product available (deliver) to the consumer without delay, but no later than within thirty days after the conclusion of the contract. In the event of a delay by the Service Provider, the Customer qualifying as a consumer is entitled to set an additional deadline. If the Service Provider fails to perform within the additional period, the consumer is entitled to withdraw from the contract. The consumer shall be entitled to withdraw from the contract without setting an additional period if:

1. the Service Provider has refused to perform the contract; or

2. the contract should have been performed at the agreed time and not otherwise, as agreed by the Parties or because of the identifiable purpose of the service.

 

4. RIGHT OF WITHDRAWAL

4.1. Procedure for exercising the right of withdrawal

The provisions of this section apply only to a natural person acting outside his profession, self-employment or business activity, who buys, orders, receives, uses goods, and is the addressee of commercial communications and offers related to the goods (hereinafter “Consumer”).

The Consumer is entitled to withdraw from the contract without giving any reason within fourteen (14) days from the date of receipt by the Consumer or a third party other than the carrier designated by him, in the following cases of a contract for the sale of the product:

a) the product,

b) in case of the supply of several products, to the last product supplied,

c) in case of a product consisting of several items or pieces, the last item or piece delivered,

d) where the product is to be supplied regularly within a specified period, the first service,

The Consumer may also exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.

If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (for example by post, fax, or electronic mail) to the Service Provider using the contact details indicated in point 1 of these GTC.

For this purpose, the Consumer may, but is not obliged to, use the withdrawal form available at the following link [insert link]. The Consumer exercises his right of withdrawal within the deadline if he sends his statement of withdrawal to the Service Provider before the expiry of the deadline indicated above.

It is the burden of the Consumer to prove that he has exercised his right of withdrawal in accordance with the provisions set out in point 4. In both cases, the Service Provider will immediately confirm the receipt of the Consumer's withdrawal statement by email.

In the case of a written withdrawal, it shall be deemed to have been validated on time if the Consumer sends the statement to the Service Provider within 14 calendar days (even on the 14th calendar day).

When notified by post, the date of sending by post or, in the case of notification by e-mail or fax, the time of sending the e-mail or fax shall be taken into account by the Service Provider for the calculation of the deadline. The Consumer will send the letter by registered mail so that the date of sending can be credibly proven.

In case of withdrawal, the Consumer is obliged to return the ordered product to the address of the Service Provider indicated in point 1 without undue delay, but no later than within 14 days from the notification of the statement of withdrawal. The deadline is considered to be met if the Consumer sends the product (by post or delivers it to the courier ordered by him) before the expiry of the 14-day deadline.

The cost of returning the product to the address of the Service Provider shall be borne by the Consumer unless the Service Provider has undertaken to bear these costs. However, the Service Provider does not undertake to organize or carry out the return, nor does it take over the cost of returning the product from the Consumer. The Service Provider is not able to accept the package returned by cash on delivery. Apart from the cost of returning the product, no other costs shall be borne by the Consumer in connection with the withdrawal.

If the Consumer withdraws from the contract, the Service Provider shall immediately, but no later than within 14 days from the receipt of the Consumer's statement of withdrawal, reimburse all consideration paid by the Consumer, including transportation (paid for delivery), except for additional costs incurred by the Consumer which arose due to the fact that the Consumer has chosen a mode of transport other than the cheapest standard mode of transport offered by the Service Provider.

The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has credibly confirmed that it has been returned: of the two methods, the Service Provider will take into account the earlier date.

During the refund, the Service Provider shall use the same payment method as the original payment method, unless the Consumer expressly consents to the use of another payment method; there is no additional cost to the Consumer as a result of applying this refund method.

The Consumer can only be held liable for the depreciation of the product if it has occurred as a result of use in excess of that required to determine the nature, characteristics, and functioning of the product. The Service Provider may, therefore, demand compensation for depreciation and reasonable costs arising from use in excess of the use required to determine the nature, characteristics and operation of the product - if, at the express request of the Consumer, the performance of the contract for the provision of services has commenced before the expiry of the time limit and exercises his right of termination.

The Consumer does not have the right of withdrawal:

1. in the case of a sealed product which, for reasons of health or hygiene, cannot be returned after opening after delivery (e.g. food supplements, cosmetics, etc.).

The return of such products cannot be expected from the Service Provider if the Consumer has already opened the packaging directly protecting the product and/or started its intended use, as in this case it cannot be ruled out that the product has come into contact with human bodies or body fluids or bacteria and its health quality can no longer be guaranteed.

If the Consumer has not yet started using these products covered by the exception, that is he has not yet opened the packaging directly protecting the product, he may exercise his right of withdrawal in accordance with the general rules.

2. in respect of a perishable product retaining its quality for a short time

 

5. WARRANTY

5.1. Liability for defects

In the event of faulty performance by the Service Provider, the Customer may assert liability for defects claim against the Service Provider. In the case of a consumer contract, the Customer may assert his warranty claims for product defects that already existed at the time of delivery of the product within a limitation period of 2 years from the date of receipt. After a limitation period of two years, the Customer can no longer enforce his product liability rights.

In the case of a contract with a non-consumer, the right holder may assert his warranty claims within a limitation period of 1 year from the date of receipt. 

The Customer may - according to his choice - request a repair or replacement unless it is impossible to meet the demand chosen by the Customer or it would entail a disproportionate additional cost for the Service Provider compared to the fulfilment of its other request. If the repair or replacement has not been requested or could not be requested by the Customer, the Customer may request a proportionate delivery of the consideration or the defect may be repaired by the Customer or others at the Service Provider’s expense or, in the final case, he can withdraw from the contract. There is no room for withdrawal due to a minor error.

The Customer may transfer from his chosen right of warranty to another, however, he is obliged to bear the cost of the transfer, unless it was justified or given a reason by the Service Provider.

The Customer is obliged to notify the Service Provider of the defect immediately after its discovery, but not later than within two months from the discovery of the defect.

The Customer may enforce its liability for defects claim directly against the Service Provider. Within six months of the performance of the contract, there are no conditions other than the notification of the error to enforce his warranty claim if the Customer proves that he has purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider is released from the warranty only if it refutes this presumption, i.e. proves that the defect of the product occurred after the delivery to the Customer. If the Service Provider can prove that the cause of the defect arose for a reason attributable to the Customer, it is not obliged to accept the warranty claim made by the Customer. However, six months after the performance, the Customer is obliged to prove that the defect recognized by the Customer already existed at the time of performance.

If the Customer asserts its warranty claim in respect of the part that can be separated from the product - in terms of the indicated defect -, the warranty claim shall not be deemed valid for the other parts of the product.

5.2. Product liability

In the event of a defect in the product (movable property), the Customer, who qualifies as a consumer, may - according to his choice - enforce a right or product warranty claim specified in point 5.1.

However, the customer is not entitled to assert a claim for liability for defects and a product liability claim for the same defect at the same time, in parallel. However, in the event of a successful enforcement of a product liability claim, the Customer may assert its warranty claim against the manufacturer for the replaced product or repaired part.

As a product liability claim, the Customer may only request the repair or replacement of the defective product. In the event of a product liability claim, the Customer must prove the defect of the product.

A product is considered defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics specified by the manufacturer.

The Customer may assert his product liability claim within two years from the placing on the market by the manufacturer. Upon expiry of this period, he shall lose this right. After discovering the defect, the Customer is obliged to notify the manufacturer of the defect without delay. A defect reported within two months of the discovery of the error shall be deemed to have been reported without delay.  The consumer shall be liable for any damage resulting from a delay in communication. The Customer may exercise his product liability claim against the manufacturer or distributor (Service Provider) of the movable property.

The manufacturer, distributor (Service Provider) is released from its product liability obligation only if he can prove that:

• the product was not manufactured or marketed in the course of its business, or

• the defect was not recognizable in the light of current scientific and technical knowledge at the time of placing on the market, or

• the defect of the product results from the application of legislation or a mandatory official regulation.

It is sufficient for the manufacturer or distributor (Service Provider) to prove a reason for the exemption. The Customer may report and validate his warranty claims via the contact details indicated in point 1.

5.3. Guarantee

The Service Provider does not sell a product that complies with the provisions of Government Decree 151/2003 on the compulsory guarantee for certain consumer durables. (IX. 22.) 

 

6. ENFORCEMENT OPPORTUNITIES

6.1. Place, time, and method of complaint handling

The Customer may make consumer complaints related to the product or the activities of the Service Provider through the contact details indicated in point 1.

The Service Provider shall, if possible, remedy the verbal complaint immediately. If it is not possible to remedy the verbal complaint immediately, due to the nature of the complaint, or if the Customer does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint for five years together with its substantive response.

The Service Provider is obliged to hand over a copy of the minutes to the Customer locally in case of a verbal complaint communicated in person (at the business premises) or, if this is not possible, to act in accordance with the rules for a written complaint detailed below. In the event of a verbal complaint communicated by telephone or other electronic communication services, the Service Provider shall send a copy of the minutes to the Customer at the latest at the same time as the substantive reply.

In all other cases, the Service Provider shall act in accordance with the rules applicable to written complaints. The Service Provider provides a unique identifier to the complaint recorded by telephone or other means of communication, which simplifies the retrieval of the complaint later. The Service Provider will respond to the complaint received in writing within 30 days. The measure means delivery by post within the meaning of this contract. If the complaint is rejected, the Service Provider shall inform the Customer about the reason of rejection.

6.2. Other enforcement options

If any consumer dispute between the Service Provider and the Customer is not settled during negotiations with the Service Provider, the Customer qualifying as a consumer may apply to and initiate the Conciliation Board competent according to his place of residence or stay, or to the Conciliation Board competent according to the Service Provider's seat, in addition, the following enforcement options are open.

For the Customer:

• Complaint to the consumer protection authority,

• Dispute resolution procedure available through the European Union's online dispute resolution platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

In the case of a cross-border consumer dispute related to an online sales contract, it is possible for consumers to settle their cross-border disputes related to online shopping electronically at the following link: [https://webgate.acceptance.ec.europa.eu/odr/main/? event = main.home.show] by means of an electronic complaint submitted via the online platform.

All that is required is for the consumer to register on the online platform available at the link above, complete a request in full and then submit it electronically to the Conciliation Board via the platform. In this way, consumers, despite the distances, can easily assert their rights. In Hungary, the Budapest Conciliation Board (BBT) is entitled to act in cross-border consumer and trade disputes related to online sales or service contracts.

• Initiation of Conciliation Board proceedings

Contact details of Conciliation Boards: http://www.bekeltetes.hu/index.php?id=testuletek

The Budapest Conciliation Board is the competent body according to the registered office of the Service Provider the Budapest Conciliation Board is the competent body according to the registered office of the Service Provider

Budapest Conciliation Board operating under the Budapest Chamber of Commerce and Industry

Address: 1016 Budapest, Krisztina boulevard 99.

Phone: 06-1- 488-2131

Fax number: 06-1- 488-2186

E-mail: bekelteto.testulet@bkik.hu 

For the purposes of the rules applicable to the Conciliation Board, a non-governmental organization, church, condominium, housing association, micro, small and medium-sized enterprise are also consumers, which buy, order, receive, use goods or they are the addressed party of commercial communications or offers related to the goods. 

 

7. DISCOUNT COUPONS

Coupons that provide different levels of discount can be redeemed by the Customer on the Cart page. The code on the coupon must be entered by the Customer in the Coupon Code field in the Redeem Coupon section in order to validate it. After entering the code, click the Redeem button, then the system will deduct the discount from the purchase price, and it displays a confirmation message or warning. The warning and coupon redemption fail may be due to the followings:

The total value of the products in the cart does not reach the value required to redeem the coupon. The Customer must check the minimum cart value for the coupon and try again after reaching this!

If the Customer has already redeemed the coupon during a previous purchase, he will not be able to redeem that code again, unless the coupon can be redeemed more than once.

The coupon is in no case valid for discounted products and package offers.

Some coupons can only be used to purchase Peak products. If the basket also contains a product for which the coupon cannot be redeemed, then the provided discount will apply only to those products that are covered by the coupon.

Important! The coupon should only be redeemed by the Customer before clicking the Go to Checkout button.

If you have already redeemed the coupon and change the contents of the cart, the coupon will become invalid and you will have to redeem it again after the contents of the cart have been finalized, otherwise, the discount will not be charged for the order. Discount offers are valid for a limited time or up to the stock of the promotion. If the Customer sends the order after the sale offer period, the Customer will not be entitled to receive the product at a sales price. If the goods are no longer in stock in the meantime, but the system displays them on the Website as an orderable product and the Customer orders them, the Service Provider will notify the Customer about the stock shortage by e-mail. The price of products on sale will be refunded later at the sale price.

 

8. USING WISHLIST

The wishlist helps make shopping faster and easier with a number of beneficial and convenient features. Customer can collect their favourite products in one place - the wishlist. So, you do not have to search anymore, you can order them quickly and easily - even all your products at the touch of a button! You can access this by using the Add All to Cart button.

If a product is not in stock but is on the wish list, the Service Provider will immediately notify the Customer by email as soon as it is in stock. If the price of Wishlist products decreases, the Service Provider will notify the Customer by email so that he can replenish his stocks!

It is possible for the Customer to share his favourite products with others! Would you like to see them again on your birthday or under the Christmas tree? Or would you recommend it to a girlfriend, boyfriend to accomplish their goals? Email the list!

All you have to do is use the Add to Wishlist option on the product datasheet! The Wishlist can be accessed by the Customer via the My Account - My Wishlist menu, where he can edit, for example, add, send, or change comments.

 

9. CONSEQUENCES OF USER VIOLATION OF THESE TERMS AND CONDITIONS

Without limiting the other rights of the Service Provider, if the Customer or user violates the provisions of this GTC, the Service Provider is entitled to send a warning to the user, suspend or delete the user's account, temporarily or permanently terminate the user's access to the Website, prevent the connection of devices using the user's IP address to the Website, to visit the user's Internet service provider in order to block access to the Website, to initiate legal proceedings.

 

10. ASSIGNMENT AND TRANSFER OF RIGHTS

The Service Provider is entitled to transfer its rights and claims arising from the contract concluded on the basis of these GTC to another person. The Customer may continue to refer to the objections or set off the counterclaims against the Service Provider, which arose on the legal basis already existing at the time of the notification of the transfer. Without the written consent of the Service Provider, the user is not entitled to transfer his rights or claims arising from the contract concluded on the basis of these GTC.

 

11. UNILATERAL AMENDMENT OF THE TERMS AND CONDITIONS

The Service Provider is entitled to unilaterally amend these General Terms and Conditions in addition to informing the Customers in advance on the Website. The amended provisions will become effective for the Customer upon the first use of the Website after the entry into force and will apply to orders placed after the amendment. The Customer can read more about the conditions for becoming a regular customer on the home page, under the menu item “Become a regular customer”.

 

Date of entry into force and update of these General Terms and Conditions: 7 April 2020