Terms of service

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Date of last update: 05.04.2023

HAPPY NATURALS GTC

Happy Naturals

General Terms and Conditions


Contracts created on the basis of this document are not filed (they are not accessible retrospectively; the conclusion of the contract is evidenced by the order data), are created by legal declarations made through implied conduct, do not qualify as written contracts, are written in Hungarian, and do not refer to a code of conduct. If you have any questions regarding the operation of the webshop, the ordering and delivery process, please contact us at the contact details provided.

The scope of these GTC covers legal relationships on the Service Provider's website (https://nutriqafoods.hu/) and its subdomains. These GTC are continuously available (and can be downloaded and printed at any time) from the following website: https://nutriqafoods.hu/policies/terms-of-service.

Definitions:

User: Any natural person, legal entity, or organization that uses the Service Provider's services and enters into a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of their profession, independent occupation, or business activity.

Business: A person acting within the scope of their profession, independent occupation or business activity.

Service Provider: A natural or legal person or an organization without legal personality providing services related to the information society, who provides services to the User and enters into a contract with the User.

1. SERVICE PROVIDER INFORMATION:

Name of service provider: Natura Labs Kft.

Registered office of service provider (and location for handling complaints): 1132 Budapest, Visegrádi u. 43-45. 3/15

Service provider's contact details, regularly used e-mail address for communicating with customers: hello@nutriqafoods.hu

Service provider's company registration number/registration number: 0

Service provider's tax number: 28831990-2-41

Name of the registering authority/licensing authority and license number (if applicable): Company Registry of the Metropolitan Court of Budapest

Service provider's telephone number: +36706698575

Language of the contract: Hungarian

Name, address, and email address of the hosting service provider:

MediaCenter Hungary Kft., 6000 Kecskemét, Sosztakovics u. 3. II/6, +36 21 201 0505, mediacenter@mediacenter.hu


2. BASIC PROVISIONS:

2.1. Issues not regulated in these GTC and the interpretation of these GTC shall be governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code ("Ptk.") and Act CVIII of 2001 on certain issues related to information society services Act CVIII of 2001 on Certain Issues Related to Information Society Services (Elker. tv.), and Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. Special products are governed by the relevant sectoral legal provisions. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.

2.2. These GTC shall enter into force on January 5, 2021, and shall remain in force until revoked. The Service Provider shall publish any amendments to these GTC on its website and shall notify registered Users and/or Users who have previously made purchases of any changes by email. The amendments shall not affect previously concluded contracts, i.e., the amendments shall not have retroactive effect.

2.3. The Service Provider reserves all rights to the website, any part thereof, and the content appearing on it, as well as to the distribution of the website. It is prohibited to download, electronically store, process, or sell the content appearing on the website or any part thereof without the written consent of the Service Provider.

2.4. The Service Provider shall not be liable for the sale and purchase of products published on other websites not affiliated with the Service Provider and not operated by the Service Provider.

3. REGISTRATION / PURCHASE

3.1. When using/ordering/subscribing to the service, the User is obliged to provide their own, real data. If false data or data related to another person is provided when using/ordering/subscribing to the service, the resulting electronic contract shall be null and void, or if it conceals another contract, the rights and obligations of the parties shall be assessed on the basis of the concealed contract. The Service Provider excludes its liability if the User uses its services on behalf of another person, using another person's data.

3.2. The Service Provider shall not be liable for any delivery delays or other problems attributable to data provided by the User that is incorrect and/or inaccurate. However, the Service Provider informs Users that, after consultation with the User and clear identification, it may correct incorrectly entered data in the order so that billing and delivery are not impeded. 3.3.

3.3. The Service Provider shall not be liable for any damages resulting from the User forgetting their password or it becoming accessible to unauthorized persons for reasons not attributable to the Service Provider (if there is registration on the site).

4. PRODUCTS AVAILABLE FOR PURCHASE, RANGE OF SERVICES AND PRICES

4.1. The products displayed can be ordered online (in some cases by telephone) from the web store. The prices displayed for the products are in Hungarian forints and are gross prices (i.e., they include the 27% VAT required by law, or, if the Service Provider invoices VAT-free, the prices are the amounts payable), but do not include shipping and payment fees. No separate packaging costs will be charged, unless the User requests decorative or other special packaging.

4.2. The Service Provider shall indicate the name and description of the product in detail in the webshop and display a photo of the products (if possible).

4.3. If a promotional price is introduced, the Service Provider shall fully inform Users about the promotion and its exact duration. When determining promotional prices, the Service Provider shall act lawfully, in accordance with the detailed rules on the display of the selling price and unit price of products and the fees for services set out in Joint Decree 4/2009. (I. 30.) NFGM-SZMM on the detailed rules for displaying the sales price and unit price of products and the fees for services.

4.4. If, despite all the Service Provider's care, an incorrect price appears on the Web Store interface, or if a system error causes a price of "0" Ft or "1" HUF due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option to reject the offer and offer confirmation at the correct price, in which case the User has the right not to accept the modified offer. An incorrect price is understood to be a price at which the entrepreneur does not have the contractual will to conclude the contract. According to Act V of 2013 on the Civil Code (Ptk.), a contract is concluded by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the terms of the contract, i.e., there is no statement expressing the mutual and unanimous will of the parties, then we cannot speak of a validly concluded contract from which rights and obligations would arise.


5. ORDER PROCESS

5.1. After registering, the User logs into the webshop or can start shopping without registering.

5.2. The user sets the number of products they wish to purchase.

5.3. The user places the selected products in their shopping cart. The user can view the contents of their shopping cart at any time by clicking on the "shopping cart" icon.

5.4. If they do not wish to purchase any further products, they check the number of items they wish to purchase. They can delete the contents of their shopping cart by clicking on the "delete - X" icon. To finalize the quantity, the User clicks on the "update/update shopping cart" icon.

5.5. The User enters the delivery address and then the delivery/payment method, which can be one of the following:

5.5.1. Payment methods:

Personal collection: Cash payment upon collection at the Service Provider's store or at another location designated by the Service Provider: If the User chooses to pay upon delivery, they shall pay the purchase price of the product in cash at the Service Provider's place of business or at another location designated by the Service Provider. Cash payments can only be made in Hungarian forints (HUF).

Cash on delivery: If the ordered product is delivered by courier service or to a parcel collection point, the User may pay the total amount of the order to the courier or at the parcel collection point in cash or by bank card upon receipt of the ordered product(s).

By bank transfer: The User is required to transfer the amount due for the ordered products to the bank account specified in the confirmation email 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 them.

Online credit card: The User has the option to pay the total value of the order online by credit card through the secure payment system of the financial service provider used by the Service Provider.

Barion:

Online credit card payments are made through the Barion system. Credit card details are not disclosed to the merchant. The service provider, Barion Payment Zrt., is an institution supervised by the National Bank of Hungary, license number: H-EN-I-1064/2013.

Simple:

I acknowledge that the following personal data stored by the Service Provider in the user database of https://nutriqafoods.hu/ will be transferred to OTP Mobil Kft. as a data processor. The data transferred by the data controller includes the following: billing name and address, email, phone number.

The nature and purpose of the data processing activities performed by the data processor can be viewed in the SimplePay Data Processing Information at the following link: https://simplepay.hu/vasarlo-aff

Payment with PayPal.

The process of purchasing with PayPal:

The transaction details are displayed on the left side of the page, and on the right side there are

two options:

a) If you have a PayPal account, after entering your valid ID and password, you will see the partial details of the bank card you have previously provided and the amount to be paid. If you have multiple cards registered, you must select the card you wish to pay with, then click on Pay Now to complete the payment and you will be redirected back to

the store page.

b) If you do not have a PayPal account, you can fill out a form and pay using Guest PayPal access without having to register with PayPal. The form asks for the following information (most of which is mandatory):

Country

Card number Credit card number

Payment Types

Expiration date - credit card expiration date

hh/yy format

CSC CSC code on the back of the card

three-digit security code (above the signature field on the right);

First name

Last name

Address line 1

Address line 2 (optional)

City

State/Province/Region

Postal code

Telephone - Please provide a real phone number that your bank can reach you at if necessary. You must enter the country code and area code

Email address The payment confirmation will be sent to the email address you enter here Once you have filled in all the fields, click on the "Review and Continue" button at the bottom of the page. Here you can check the information you have entered, the amount to be paid, and your order once again.

If everything is correct, approve the transaction. Within moments, you will receive an email notification of the successful transaction. At the same time, the Service Provider will also receive notification of the successful payment and will begin processing the order.

5.5.2. Shipping costs (gross amounts):

Up to 2 kg: 1450 HUF, 2-3 kg: 1650 HUF, 3-5 kg: 1750 HUF, 5-10 kg: 1950 HUF, 10-15 kg: 2150 HUF, over 15 kg: 2300 HUF.

Delivery is free for orders with a gross value of over 10,000 HUF. Cash on delivery fee: 350 HUF.

5.6. If there is an error or omission in the products or prices in the webshop, we reserve the right to make corrections. In such cases, we will inform the customer of the new data immediately after the error has been identified and corrected. The user can then confirm the order again or withdraw from the contract.

5.7. The final amount payable includes all costs based on the order summary and confirmation letter. Pursuant to Section 6:127 of the Civil Code, the user is obliged to inspect the package without delay, preferably upon delivery in front of the courier, and is not obliged to accept the package if it is damaged. If the User does not inspect the package, they are in breach of contract and bear the consequences thereof (difficulty in proving the condition of the product). The product(s) will be delivered on working days between 8 a.m. and 5 p.m.

5.8. After entering the data, the User can send their order by clicking on the "send order" button, but before doing so, they can check the data entered once more, send a comment with their order, or send us an email with any other requests related to the order.

5.9. By placing an order, the User acknowledges that they have a payment obligation.

5.10. Correcting data entry errors: Before completing the order process, the User can always return to the previous stage, where they can correct the data they have entered. In detail: During the ordering process, it is possible to view and modify the contents of the shopping cart. If the shopping cart does not contain the desired quantity, the User can enter the desired quantity in the data entry field in the quantity column and then press the "update/update cart" button. If the User wishes to delete products from the basket, they can click on the "X" "delete" button. During the ordering process, the User has the option to correct/delete the data entered at any time.

5.11. The User will receive a confirmation email after submitting the order. If this confirmation does not reach the User within the expected time limit depending on the nature of the service, but no later than 48 hours after the User has sent the order, 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 them. The Service Provider shall not be liable for confirmation if the confirmation is not received in time because the User provided an incorrect email address during registration, or if the storage space associated with their account is full and cannot receive messages.

5.12. The User acknowledges that the confirmation described in the previous point is only an automatic confirmation and does not constitute a contract. The contract is concluded when, following the automatic confirmation mentioned in the previous point, the Service Provider notifies the User in a further email of the details of the order and its expected fulfillment.

6. PROCESSING AND FULFILLMENT OF ORDERS

6.1. Orders are processed in the order in which they are received, on business days during business hours. Orders may also be placed outside the times specified for order processing; if this occurs after business hours, the order will be processed on the following business day. The Service Provider's customer service will always confirm electronically when it will be able to fulfill the order.

6.2. General delivery time is within 1-3 business days from the date of conclusion of the contract.

6.3. Under the sales contract, the Service Provider is obliged to transfer 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 shall pass to the buyer when the buyer or a third party designated by the buyer takes possession of the item. The risk of damage shall pass to the buyer upon delivery to the carrier if the carrier has been commissioned by the buyer, provided that the carrier has not been recommended by the seller.

6.5. In the event of a delay on the part of the Service Provider, the User shall be entitled to set a grace period. If the seller fails to perform within the grace period, the buyer shall be entitled to withdraw from the contract.

6.6. The User shall be entitled to withdraw from the contract without setting a grace period if

a) the Service Provider has refused to perform the contract; or

b) the contract should have been performed at the specified time of performance, as agreed by the parties or due to the recognizable purpose of the service, and not at any other time.

6.7. If the Service Provider fails to fulfill its contractual obligations because the product specified in the contract is not available, it shall immediately inform the User thereof and immediately refund the amount paid by the User, and the Service Provider shall ensure that the User can exercise their other rights provided for by law in the event of defective performance.

6.8. The Service Provider draws the Users' attention to the fact that if the User fails to take delivery of the ordered product(s) performed in accordance with the contract (regardless of the method of payment), they are in breach of contract and are in default in accordance with Section 6:156 (1) of the Civil Code.

This means that, based on the rules of agency without authority, the Service Provider shall – unless the Consumer indicates their intention to withdraw (and does not make a statement as to whether they wish to take delivery of the ordered product(s)) – charge the Users the usual storage costs and delivery costs (if there is a cash on delivery fee) (round trip) to the Users.

The Service Provider draws the Users' attention to the fact that in order to enforce our legal claims arising in this way, we will seek the assistance of our lawyers, and therefore the User shall also be liable for any other (legal) costs arising from the breach of contract (including the fees for the payment order procedure).

7. RIGHT OF WITHDRAWAL

7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, Consumers have the right to withdraw from the contract without giving any reason.

 

The consumer may exercise their right of withdrawal or termination

a) in the case of a contract for the sale of goods

aa) for the goods,

ab) in the case of the sale of multiple goods, if the individual goods are delivered at different times, for the last goods delivered,

ac) in the case of a product consisting of several items or parts, the last item or part delivered,

ad) if the product is to be delivered regularly within a specified period, the first delivery,

within fourteen days from the date of receipt by the consumer or a third party designated by the consumer other than the carrier.

If the Service Provider fails to comply with this information, the 14-day withdrawal period shall be extended by twelve months. If the Service Provider provides the information after the expiry of the 14-day period from the date of receipt of the product or the conclusion of the contract, but within 12 months, the withdrawal period shall be 14 days from the date of notification.

7.2. The Consumer may exercise their right of withdrawal by making a clear statement to that effect or by using the model statement set out in Annex 2 to Government Decree 45/2014. (II.26.).

7.3. The period for exercising the right of withdrawal expires 14 days after the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes delivery of the product.

7.4. The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.5. The cost of returning the product shall be borne by the Consumer; the Service Provider does not undertake to bear this cost.

7.6. When exercising the right of withdrawal, the Consumer shall not incur any costs other than the cost of returning the product.

7.7. The right of withdrawal does not apply to products that are not manufactured in advance, but are produced according to the Consumer's instructions or at their express request, or to products that are clearly tailored to the Consumer's individual needs.

7.8. The Consumer may also not exercise their right of withdrawal

a. in the case of a contract for the provision of services, after the service has been performed in full, if the business has commenced performance with the Consumer's express prior consent and the Consumer has acknowledged that they will lose their right of withdrawal after the service has been performed in full;

b. in respect of a product or service whose price or fee depends on fluctuations that cannot be influenced by the financial market undertaking, even during the period in which the right of withdrawal may be exercised;

c. in respect of perishable products or products whose quality can only be preserved for a short period of time;

d. in respect of products in sealed packaging which, for health or hygiene reasons, cannot be returned after delivery;

e. in respect of products which, by their nature, are inseparably mixed with other products after delivery;

f. alcoholic beverages whose actual value depends on market fluctuations beyond the control of the business and whose price was agreed by the parties at the time of conclusion of the sales contract, but the contract is only performed after the thirtieth day following its conclusion;

g. in the case of a business contract where the business visits the Consumer at the Consumer's express request to carry out urgent repair or maintenance work;

h. the sale of sealed audio or video recordings and computer software, if the Consumer has unsealed the packaging after delivery;

i. newspapers, magazines, and periodicals, with the exception of subscription contracts;

j. contracts concluded at public auctions;

k. contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of residential services, if the contract specifies a performance date or deadline;

l. in the case of digital data content provided on a non-tangible medium, if the business has begun performance with the Consumer's express prior consent and the Consumer has, at the same time as giving this consent, acknowledged that they will lose their right of withdrawal once performance has begun.

 

7.9. The Service Provider shall refund the total amount paid by the Consumer as consideration for the contract concluded between distant parties without delay, but no later than fourteen days from the date of becoming aware of the withdrawal, including any costs incurred in connection with the performance. At the same time, the Service Provider shall have a right of retention.

7.10. The Service Provider shall use the same method of payment as was used in the original transaction to make the refund, unless the Consumer expressly agrees to a different method of payment; the Consumer shall not incur any additional costs as a result of this method of refund.

7.11. The Consumer shall return the goods without undue delay, but in any case no later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider, or deliver them to the Service Provider's address.

7.12. In the case of withdrawal in writing, it is sufficient for the Consumer to send the statement of withdrawal within 14 days.

7.13. The Consumer shall be deemed to have met the deadline if they return or hand over the product(s) before the expiry of the 14-day period. The return shall be deemed to have been made within the deadline if the Consumer sends the product before the expiry of the deadline.

7.14. The Consumer shall bear only the direct cost of returning the product.

7.15. The Service Provider shall not be obliged to reimburse the Consumer for any additional costs resulting from the choice of a mode of transport other than the cheapest standard mode of transport offered by the Service Provider.

7.16. The Service Provider may withhold the refund until it has received the goods or the Consumer has provided proof of return, whichever is earlier.

7.17. If the Consumer wishes to exercise their right of withdrawal, they may do so in writing (using the attached statement), by telephone, or in person, using any of the Service Provider's contact details. In the case of notification by post, the date of posting shall be taken into account, and in the case of notification by telephone, the date of the telephone call shall be taken into account. The Consumer may return the ordered product to the Service Provider by post, in person, or by courier service.

7.18. The Consumer shall only be liable for any depreciation in value resulting from use beyond that necessary to establish the nature, characteristics, and functioning of the product.

7.19. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses is available here.

7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.

7.21. Consumers may also contact the Service Provider with other complaints using the contact details provided in these Terms and Conditions.

7.22. The right of withdrawal only applies to Users who qualify as Consumers under the Civil Code.

7.23. The right of withdrawal does not apply to businesses, i.e. persons acting in the course of their profession, independent occupation or business activity.

7.24. (Only applicable if the Service Provider also provides services in addition to sales.) If the Consumer terminates a contract concluded between absent parties after the commencement of performance, they shall pay the business a fee proportional to the service performed up to the date of notification of termination. The amount to be paid by the Consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration specified in the contract, plus tax. If the Consumer proves that the total amount determined in this way is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services performed until the date of termination of the contract.

7.25. Procedure for exercising the right of withdrawal:

7.25.1. If the Consumer wishes to exercise the right of withdrawal, they shall notify the Service Provider of their intention to withdraw via the Service Provider's contact details.

7.25.2. The Consumer shall exercise their right of withdrawal within the deadline if they send their statement of withdrawal before the expiry of the 14th day from the date of receipt of the product. In the case of written withdrawal, it is sufficient to send the statement of withdrawal within 14 days. In the case of notification by post, the date of posting shall be taken into account, and in the case of notification by email, the time of sending the email shall be taken into account.

7.25.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of notification of withdrawal, or to hand it over to the Service Provider. The deadline shall be deemed to have been met if the product is sent before the expiry of the 14-day period (i.e. it does not have to arrive within 14 days). The customer shall bear the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.

7.25.4. However, the Service Provider is not obliged to reimburse the Consumer for any additional costs arising from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.25.5. In the case of the sale of multiple products, if the delivery of the individual products takes place at different times, the consumer may exercise the right of withdrawal within 14 days of receipt of the last product delivered or, in the case of a product consisting of multiple items or pieces, the last item or piece delivered.

8. WARRANTY, WARRANTY

Faulty performance

The Service Provider shall be deemed to have performed faully if, at the time of performance, the service does not meet the quality requirements set out in the contract or in the law. The Service Provider shall not be deemed to have performed faully if the entitled party was aware of the fault at the time of concluding the contract or should have been aware of the fault at the time of concluding the contract.

Any provision in a contract between a consumer and a business that deviates from the provisions of this chapter on warranty and guarantee to the detriment of the consumer shall be null and void.

Multiple warranty rights shall only apply to Users who qualify as consumers under the Civil Code.

A User who qualifies as a business is a person who acts in the course of their profession, independent occupation, or business activity.

Warranty

8.1. In what cases can a User exercise their warranty rights?

In the event of defective performance by the Service Provider, the User may enforce 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 their warranty claim?

The User may, at their discretion, exercise the following warranty claims: they may request repair or replacement, unless the claim chosen by the User is impossible to fulfill or would entail disproportionate additional costs for the company compared to fulfilling other claims. If the User has not requested or could not request repair or replacement, they may request a proportionate reduction in the price or, as a last resort, withdraw from the contract. The User may switch from one warranty option to another, but shall bear the cost of the switch, unless it was justified or caused by the company.

The Consumer shall also be entitled, in proportion to the seriousness of the breach of contract, to request a proportionate reduction in the consideration or to terminate the sales contract if

a) the business has not carried out the repair or replacement, or has carried it out but has not carried out the dismantling and reinstallation in whole or in part, or has refused to bring the goods into conformity with the contract;

b) a repeated failure to perform has occurred, despite the fact that the trader has attempted to bring the goods into conformity with the contract;

c) the failure to perform is so serious that it justifies an immediate price reduction or immediate termination of the sales contract; or

d) the business has not undertaken to bring the goods into conformity with the contract, or it is clear from the circumstances that the business will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Consumer.

If the Consumer wishes to terminate the sales contract on the grounds of defective performance, the business shall be responsible for proving that the defect is insignificant.

The Consumer is entitled to withhold part or all of the remaining purchase price, depending on the severity of the breach of contract, until the business has fulfilled its obligations regarding contractual performance and defective performance.

The reasonable time limit for repairing or replacing the goods shall be calculated from the date on which the Consumer notified the business of the defect.

The Consumer shall make the goods available to the business for repair or replacement.

In the case of a contract between a consumer and a business, the business must ensure the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods which, in accordance with the nature and purpose of the goods, have been , the obligation to repair or replace the goods shall include the removal of the non-conforming goods and the installation of the replacement or repaired goods, or the bearing of the costs of removal and installation.

The compensation shall be proportionate if its amount corresponds to the difference between the value of the goods to which the Consumer would have been entitled in the event of contractual performance and the value of the goods actually received by the Consumer.

The Consumer's right to terminate the sales contract on the basis of a warranty claim may be exercised by means of a legal declaration addressed to the business expressing the decision to terminate the contract.

If the defective performance affects only a specific part of the goods delivered under the sales contract and the conditions for exercising the right to terminate the contract are met in respect of those goods, the Consumer may terminate the sales contract only in respect of the defective goods, but may also terminate it in respect of any other goods acquired together with them if the Consumer cannot reasonably be expected to retain only the goods that comply with the contract.

If the Consumer terminates the sales contract in its entirety or in respect of some of the goods supplied under the sales contract, then

a) the Consumer must return the goods concerned to the business at the business's expense; and

b) the business must immediately refund the Consumer the purchase price paid for the goods in question as soon as it has received the goods or proof of their return.

8.3. What is the deadline for the User to enforce their warranty claim?

The User (if they qualify as a consumer) is obliged to report the defect immediately after its discovery, but no later than two months after the discovery of the defect. However, please note that you cannot enforce your warranty rights after the two-year limitation period (one year in the case of businesses or used products) from the date of performance of the contract. (In the case of products with an expiry date, the warranty can be enforced until the expiry date).

If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services for a specified period of time, the business is liable for defects in the goods related to digital content or digital services if the defect

a) in the case of continuous service for a period not exceeding two years, within two years of the performance of the goods; or

b) in the case of continuous service for a period exceeding two years, during the entire period of continuous service

occurs or becomes apparent.

8.4. Against whom can you enforce your warranty claim?

You can enforce your warranty claim against the Service Provider.

8.5. What other conditions apply to the enforcement of warranty rights (if the User is a consumer)?

Within one year of delivery, there are no other conditions for enforcing warranty claims beyond reporting the defect, if the User can prove that the product or service was provided by the company operating the webshop. However, after 1 year from the date of performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.

Product warranty

8.6. In what cases can the User exercise their product warranty rights?

In the event of a defect in a movable item (product), the User may, at their discretion, assert a claim for warranty of quality or product warranty.

8.7. What rights does the User have on the basis of their product warranty claim?

As a product warranty claim, the User may only request the repair or replacement of the defective product.

8.8. In what cases is a product considered defective?

A product is defective if it does not meet the quality requirements in force at the time of its release on the market or if it does not have the characteristics specified in the manufacturer's description.

8.9. Within what time limit can the User assert their product warranty claim?

The User may assert their product warranty claim within two years of the product being placed on the market by the manufacturer. After this period, they lose this right.

8.10. Against whom and under what other conditions can the User assert their product warranty claim?

The User may only exercise their product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove the defect in the product.

8.11. In what cases is the manufacturer (distributor) exempt from their product warranty obligation?

The manufacturer (distributor) is only exempt from its product warranty obligations if it can prove that:

 

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

– the defect was not recognizable at the time of marketing according to the state of science and technology, or

– the defect in the product results from the application of legislation or mandatory official regulations.

The manufacturer (distributor) only needs to prove one reason for exemption.

 

Please note that you cannot enforce warranty and product liability claims simultaneously and in parallel for the same defect. However, if your product liability claim is successful, you can enforce your warranty claim against the manufacturer for the replaced product or repaired part.

Warranty (for new durable consumer goods)

8.12. In what cases can the Consumer exercise their warranty rights?

In the event of defective performance, pursuant to Government Decree 151/2003. (IX. 22.) on mandatory warranties for certain durable consumer goods, the Service Provider is obliged to provide a warranty if the user qualifies as a Consumer.

8.13. What rights does the Consumer have under the warranty and within what time limit?

The duration of the warranty is:

a) 1 year for a sales price of HUF 10,000 or more but not exceeding HUF 100,000,

b) 2 years for a sales price of HUF 100,000 or more but not exceeding HUF 250,000,

c) 3 years for a sales price above HUF 250,000.

Failure to meet these deadlines will result in the loss of rights.

The warranty period begins on the date of delivery of the consumer product to the Consumer or, if the Service Provider or its agent performs the installation, on the date of installation.

If the Consumer puts the consumer product into operation more than six months after delivery, the warranty period shall commence on the date of delivery of the consumer product.

The Consumer may, at their discretion, assert their claim for repair at the Service Provider's registered office, any of its premises or branches, or directly at the repair service indicated by the company on the warranty card.

Based on their warranty claim, the entitled party may, at their discretion, request

  1. repair or replacement, unless the chosen warranty right is impossible to fulfill or would result in disproportionate additional costs for the obligated party compared to fulfilling another warranty claim, taking into account the value of the service in perfect condition, the severity of the breach of contract, and the damage caused to the entitled party by the fulfillment of the warranty right; or
  2. may demand a proportionate reduction in the consideration or may withdraw from the contract if the obligor has not undertaken to repair or replace the goods, is unable to fulfill this obligation, or if the entitled party's interest in repair or replacement has ceased to exist.

Withdrawal is not possible in the case of minor defects.

Efforts should be made to meet the 15-day deadline

Pursuant to Section 5 of Decree 19/2014. (IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims relating to goods sold under a contract between a consumer and a business, the Service Provider shall endeavor to carry out the repair or replacement within a maximum of 15 days. If the repair or replacement takes longer than 15 days, the Service Provider shall inform the Consumer of the expected duration of the repair or replacement. The information shall be provided with the prior consent of the Consumer, either electronically or by other means suitable for confirming receipt by the Consumer.

If it turns out that the product cannot be repaired

If, during the warranty period, the Service Provider determines during the first repair of the consumer product that the consumer product cannot be repaired, the Service Provider shall be obliged to replace the consumer product within 8 days, unless otherwise agreed by the Consumer. If it is not possible to replace the consumer product, the Service Provider shall refund the purchase price to the Consumer within 8 days.

If the product breaks down for the fourth time

If, during the warranty period, the consumer product breaks down again after being repaired 3 times – if the Consumer does not request a proportional reduction in the purchase price and the Consumer does not wish to have the consumer product repaired at the expense of the business or have it repaired by someone else, the Service Provider shall be obliged to replace the consumer product within 8 days. If it is not possible to replace the consumer item, the Service Provider shall refund the purchase price to the Consumer within 8 days.

If it is not possible to repair within 30 days

If the consumer item is not repaired within 30 days of the Service Provider being notified of the repair request, – unless otherwise specified by the Consumer – the Service Provider shall be obliged to replace the consumer product within 8 days of the expiry of the 30-day deadline. If it is not possible to replace the consumer product, the Service Provider shall be obliged to refund the purchase price to the Consumer within 8 days of the expiry of the 30-day repair period.

8.14. When is the business exempt from its warranty obligation?

The Service Provider shall only be exempt from its warranty obligation if it proves that the defect arose after performance. Please note that warranty and guarantee claims, as well as product warranty and guarantee claims, cannot be enforced simultaneously and in parallel for the same defect; otherwise, however, the Consumer is entitled to the rights arising from the warranty, regardless of the entitlements described in the product and warranty sections.

8.15. The Service Provider shall not be liable for damage resulting from natural wear and tear/obsolescence beyond the warranty period (professionally expected lifetime).

8.16. Furthermore, the Service Provider shall not be liable for any damage resulting from incorrect or negligent handling, excessive use, impacts other than those specified, or other improper use of the products after the transfer of the risk of damage.

8.17. If the Consumer makes a valid replacement request within three working days of purchase (commissioning) due to a defect in the consumer product, the Service Provider shall be obliged to replace the consumer product, provided that the defect prevents its intended use.

9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM (IN THE CASE OF USERS QUALIFYING AS CONSUMERS)

9.1. In a contract between a consumer and a business, the agreement between the parties may not deviate from the provisions of the regulation to the detriment of the consumer.

9.2. The Consumer is obliged to prove the conclusion of the contract (with an invoice or even just a receipt).

9.3. The costs associated with fulfilling the warranty obligation shall be borne by the Service Provider (Civil Code 6:166).

9.4. The Service Provider shall be obliged to draw up a report on any warranty or guarantee claim reported to it by the Consumer.

9.5. A copy of the report shall be made available to the Consumer immediately and in a verifiable manner.

9.6. If the Service Provider is unable to comment on the feasibility of the Consumer's warranty or guarantee claim at the time of its notification, it shall notify the Consumer of its position in a verifiable manner within five working days, including the reasons for rejection and the possibility of referring the matter to a conciliation body.

9.7. The Service Provider shall keep the report for three years from the date of its recording and shall present it at the request of the supervisory authority.

9.8. The Service Provider shall endeavor to carry out the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than 15 days, the Service Provider shall inform the Consumer of the expected duration of the repair or replacement. The information shall be provided with the prior consent of the Consumer, either electronically or by other means suitable for confirming receipt by the Consumer.

10. MISCELLANEOUS PROVISIONS

10.1. The Service Provider shall be entitled to engage a subcontractor to perform its obligations. It shall be fully liable for any unlawful conduct on the part of the subcontractor, as if it had committed the unlawful conduct itself.

10.2. If any part of these Terms and Conditions becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality and enforceability of the remaining parts.

10.3. If the Service Provider does not exercise its rights under the Rules, such failure to exercise its rights shall not be considered a waiver of those rights. Any waiver of any right shall only be valid if expressly stated in writing. The fact that the Service Provider does not strictly adhere to a material term or condition of the Rules on one occasion does not mean that it waives its right to insist on strict compliance with that term or condition in the future.

10.4. The Service Provider and the User shall attempt to settle any disputes amicably.

10.5. The Parties agree that the Service Provider's webshop operates in Hungary and is maintained there. As the site can also be visited from other countries, users expressly acknowledge that Hungarian law shall govern the relationship between the user and the Service Provider. If the user is a consumer, pursuant to Section 26 (1) of the Civil Procedure Act, the court of the defendant's (Consumer) shall have exclusive jurisdiction.

10.6. The Service Provider shall not apply different general terms and conditions of access to the products available in the webshop on the basis of the User's nationality, place of residence or place of establishment.

10.7. The Service Provider shall not apply different conditions to payment transactions in relation to the payment methods it accepts on the basis of the User's nationality, place of residence or place of establishment, the location 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.

10.8. The Service Provider complies with the internal market by not imposing unjustified territorial restrictions on content based on the buyer's nationality, place of residence or place of establishment, and by not engaging in other forms of discrimination, as well as with Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394, and Regulation (EU) 2018/302 of the European Parliament and of the Council amending Directive 2009/22/EC.

11. COMPLAINT HANDLING PROCEDURE (FOR USERS CLASSIFIED AS CONSUMERS)

11.1. The Service Provider's goal is to fulfill all orders with the appropriate quality and to the complete satisfaction of the customer. If the User nevertheless has a complaint regarding the contract or its fulfillment, they may communicate their complaint via the above telephone number, e-mail address, or by letter.

11.2. The Service Provider shall immediately investigate any verbal complaints and remedy them as necessary. If the customer does not agree with the handling of the complaint, or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately record the complaint and its position on it and provide a copy of the record to the customer.

11.3. The Service Provider shall respond to written complaints in writing within 30 days. It shall justify its position in rejecting the complaint. The Service Provider shall keep the minutes of the complaint and a copy of the response for 3 years and shall present them to the supervisory authorities upon request.

11.4. We hereby inform you that if your complaint is rejected, you may initiate proceedings before an official or conciliation body as follows:

11.5. The Consumer may lodge a complaint with the consumer protection authority:

Pursuant to Sections 45/A (1)-(3) of the Fgytv. and Government Decree 387/2016. (XII. 2.) on the designation of consumer protection authorities, the government office acts as the general consumer protection authority: https://www.kormanyhivatal.hu/hu/elerhetosegek

11.6. In the event of a complaint, the consumer has the option of turning to a conciliation body, the contact details of which can be found here:

Baranya County Conciliation Body

Address: 7625 Pécs, Majorossy Imre u. 36.

Telephone number: (72) 507-154; (20) 283-3422

Fax number: (72) 507-152

President: Dr. Ferenc Bércesi

Website address: www.baranyabekeltetes.hu

Email address: info@baranyabekeltetes.hu; kerelem@baranyabekeltetes.hu

Bács-Kiskun County Conciliation Board

Address: 6000 Kecskemét, Árpád krt. 4.

Postal address: 6001 Kecskemét Pf. 228.

Telephone number: (76) 501-525; (76) 501-532; (70) 702-8403

Fax number: (76) 501-538

Chair: Dr. Zsuzsanna Horváth

Website: www.bacsbekeltetes.hu

Email address: bekeltetes@bacsbekeltetes.hu

Békés County Conciliation Board

Address: 5600 Békéscsaba, Penza ltp. 5.

Telephone number: (66) 324-976

Fax number: (66) 324-976

Chair: Dr. László Bagdi

Website: www.bmkik.hu

E-mail address: bekeltetes@bmkik.hu

Borsod-Abaúj-Zemplén County Conciliation Board

Address: 3525 Miskolc, Szentpáli u. 1.

Telephone number: (46) 501-091 (new cases); 501-871 (ongoing cases)

Chair: Dr. Péter Tulipán

Website: www.bekeltetes.borsodmegye.hu

Email address: bekeltetes@bokik.hu

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Telephone number: (1) 488-2131

Fax number: (1) 488-2186

Chair: Dr. Éva Veronika Inzelt

Website: https://bekeltet.bkik.hu/

Email: bekelteto.testulet@bkik.hu

Csongrád-Csanád County Conciliation Board

Address: 6721 Szeged, Párizsi krt. 8-12.

Telephone number: (62) 554-250/118 extension

Fax number: (62) 426-149

Chair: Dr. Károly Horváth

Website: www.bekeltetes-csongrad.hu

E-mail address: bekelteto.testulet@csmkik.hu

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúséta tér 4-6.

Telephone number: (22) 510-310

Fax number: (22) 510-312

Chair: Dr. József Vári Kovács

Website: www.bekeltetesfejer.hu

Email: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Győr-Moson-Sopron County Conciliation Board

Address: 9021 Győr, Szent István út 10/a.

Telephone number: (96) 520-217

Chair: Dr. Beáta Bagoly

Website: https://gymsmkik.hu/bekelteto

Email address: bekeltetotestulet@gymskik.hu

Hajdú-Bihar County Conciliation Board

Headquarters: 4025 Debrecen, Petőfi tér 10.

Place of business: 4025 Debrecen Vörösmarty u. 13-15.

Telephone number: (52) 500-710; (52) 500-745

Fax number: (52) 500-720

Chair: Dr. Zsolt Hajnal

Website: https://www.hbmbekeltetes.hu

Email address: bekelteto@hbkik.hu

Heves County Conciliation Board

Mailing address: 3300 Eger, Pf. 440.

Customer service: 3300 Eger, Hadnagy u. 6. ground floor

Phone number: (36) 416-660/105 extension Fax number: (36) 323-615

President: Dr. István Gondos

Website: www.hkik.hu/hu/content/bekelteto-testulet

Email address: bekeltetes@hkik.hu

Jász-Nagykun-Szolnok County Conciliation Board

Address: 5000 Szolnok, Verseghy park 8. III. floor

Telephone number: (20) 373-2570

Fax number: (56) 370-005

Chair: Dr. Judit Lajkóné dr. Vígh

Website: https://www.iparkamaraszolnok.hu/ugyintezes/bekelteto-testulet

Email address: bekeltetotestulet@iparkamaraszolnok.hu

Komárom-Esztergom County Conciliation Board

Address: 2800 Tatabánya, Fő tér 36.

Telephone number: (34) 513-010

Fax number: (34) 316-259

Chair: Dr. Gabriella Bures

Website: www.kemkik.hu/hu/bekeltet-otilde-testulet

Email address: bekeltetes@kemkik.hu

Nógrád County Conciliation Board

Address: 3100 Salgótarján, Mártírok útja 4.

Telephone number: (32) 520-860

Fax number: (32) 520-862

Chair: Dr. Erik Pongó

Website: www.nkik.hu

Email address: nkik@nkik.hu

Pest County Conciliation Board

Headquarters: 1055 Budapest, Balassi Bálint u. 25. IV/2.

Telephone number: +36 1 792 7881

President: Dr. Pál Koncz

Website: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu

Email address: pmbekelteto@pmkik.hu

Somogy County Conciliation Board

Address: 7400 Kaposvár, Anna utca 6.

Telephone number: (82) 501-000

Fax number: (82) 501-046

President: Dr. Imre Csapláros

Website: https://www.skik.hu/bekelteto-testulet-159

Email address: skik@skik.hu

Szabolcs-Szatmár-Bereg County Conciliation Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Telephone number: (42) 420-180

Fax number: (42) 420-180

Chair: Dr. Katalin Görömbeiné Balmaz

Website: www.bekeltetes-szabolcs.hu

Email address: bekelteto@szabkam.hu

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25.

Telephone number: (74) 411-661; (30) 664-2130

Fax number: (74) 411-456

Chair: Gréta Mónus

Website: https://www.tmkik.hu/hu/bekelteto-testulet_2

Email address: bekeltett@tmkik.hu; kamara@tmkik.hu

Vas County Conciliation Board

Office hours: 9700 Szombathely, Rákóczi Ferenc u. 23.

Telephone number: (94) 312-356; (94) 506-645; (30) 956-6708

Fax number: (94) 316-936

President: Dr. Zoltán Kövesdi

Website address: www.vasibekelteto.hu

Email address: pergel.bea@vmkik.hu

Veszprém County Conciliation Board

Address: 8200 Veszprém, Radnóti tér 1.

Telephone number: (88) 814-121; (88) 814-111

Fax number: (88) 412-150

Chair: Dr. Klára Herjavecz

Website: www.bekeltetesveszprem.hu

Email address: info@bekeltetesveszprem.hu

Zala County Conciliation Board

Address: 8900 Zalaegerszeg, Petőfi utca 24.

Telephone number: (92) 550-513

Fax number: (92) 550-525

Chair: Dr. Sándor Molnár

Website: www.bekelteteszala.hu

Email address: zmbekelteto@zmkik.hu

11.7. The conciliation board is responsible for settling consumer disputes outside of court proceedings. The conciliation body shall attempt to reach an agreement between the parties with a view to settling the consumer dispute and, if this proves unsuccessful, shall decide on the matter in order to ensure the simple, rapid, effective, and cost-efficient enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall provide advice on the rights and obligations of the Consumer.

11.8. In the event of a cross-border consumer dispute relating to an online sales or online service contract, the conciliation body operated by all county (capital) chambers of commerce and industry may act, taking into account the rules of jurisdiction set out in Section 20 of the Fgytv.

11.9. In the event of a consumer complaint, the EU online dispute resolution platform may be used. Use of the platform requires a simple registration in the European Commission's system, which can be accessed by clicking here. After logging in, the consumer can submit their complaint via the online website at: http://ec.europa.eu/odr

11.10. The Service Provider is obliged to cooperate in the conciliation board procedure. The Service Provider shall make use of the conciliation board procedure. In this context, it is obliged to send its response to the conciliation board and to ensure the participation of a person authorized to reach an agreement at the hearing. If the registered office or place of business of the company is not registered in the county where the chamber operating the territorially competent conciliation body is located, the company's obligation to cooperate extends to offering the possibility of concluding a written agreement in accordance with the Consumer's request.

11.11. If the Consumer does not turn to the conciliation body, or if the procedure has not been successful, the Consumer may turn to the court to settle the dispute. The lawsuit must be initiated with a statement of claim, which must contain the following information:

• the court of jurisdiction;

• the names, places of residence, and legal status of the parties and their representatives;

• the right to be enforced, with a presentation of the facts on which it is based and the evidence supporting them;

• the information necessary to establish the jurisdiction and competence of the court;

• a specific request for the court's decision.

The statement of claim must be accompanied by the document or a copy thereof, the contents of which are referred to as evidence.

12. COPYRIGHT

12.1. As the website https://nutriqafoods.hu/ is considered a copyrighted work, it is prohibited to download (reproduce) the content appearing on the website https://nutriqafoods.hu/ or any part thereof, to republish it, to use it in any other way, electronically storing, processing, or selling it without the written consent of the Service Provider. However, users may download the GTC and the data management information without any conditions or restrictions and store them in any form.

12.2. Any material taken from the https://nutriqafoods.hu/ website and its database may only be used with written consent and with reference to the website in question.

12.3. The Service Provider reserves all rights to all elements of its service, its domain names, secondary domain names created with them, and its Internet advertising space.

12.4. It is prohibited to adapt or reverse engineer the content or parts of the https://nutriqafoods.hu/ website; to create user IDs and passwords in an unfair manner; to use any application that can modify or index the https://nutriqafoods.hu/ website or any part thereof.

12.5. The name https://nutriqafoods.hu/ is protected by copyright and may only be used with the written consent of the Service Provider, except for references.

12.6. The User acknowledges that the Service Provider is entitled to a penalty in the event of unauthorized use. The penalty is HUF 60,000 gross per image and HUF 20,000 gross per word. The User acknowledges that this penalty clause is not excessive and browses the site with this in mind. In the event of copyright infringement, the Service Provider shall apply a notarial certification, the cost of which shall also be borne by the infringing user.

13. DATA PROTECTION

The website's data management policy is available on the following page: https://nutriqafoods.hu/policies/privacy-policy


Budapest, January 5, 2021

Sample withdrawal statement

(only fill out and return if you intend to withdraw from the contract)

Addressee: Natura Labs Kft., 1132 Budapest, Visegrádi u. 43-45. 3/15, hello@nutriqafoods.hu , +36706698575

I, the undersigned, hereby declare that I am exercising my right of withdrawal/termination with regard to the purchase of the following product(s):

Date of order/date of receipt:

Name(s) of consumer(s):

Address(es) of consumer(s):

Signature of consumer(s) (only in case of written notification):

Date:


Previous versions of Happy Naturals GTC

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Date of last update: April 5, 2023