These General Terms and Conditions (GTC) are contractual terms and conditions relating to the online, non-retail store sales available through the www.simtrecs.com website operated by Cserkuti Kft. (webshop), which must be interpreted together with the provisions of the effective Privacy Policy disclosed. By ordering/purchasing from the webshop, users accept the provisions of these GTC.
1. Service provider details:
2. Basic concepts
2.1. Hungarian law is governing for the questions not regulated under and the interpretation of these GTC, in particular the relevant provisions of Act V of 2013 on the Hungarian Civil Code ("Civil Code"), Act CVIII of 2001 on certain aspects of electronic commerce services and information society services ("Act on E- Commerce"), and Government Decree 45/2014. (II. 26.) on the detailed rules for contracts between consumers and businesses.
2.2. These GTC are effective as of 1 October 2020 and remain in force until withdrawal. The Service Provider is entitled to unilaterally modify the provisions of the GTC, which modifications shall be disclosed in the webshop five days prior to their entry into force. By using the webshop, Users accept that all regulations relating to its use are automatically in force.
2.3. When accessing the webshop operated by the Service provider or in any way reading its content, Users acknowledge the provisions of these GTC to be binding on them – even if they are not registered users of the webshop. If a User does not accept the terms, he/she is not entitled to view the content of the webshop.
2.4. The Service Provider retains all rights in relation to the webshop or any details thereof and the distribution of the contents displayed. The downloading, electronic storage, processing and marketing of website contents or any part of them is prohibited without the prior written consent of the Service Provider.
3. Registration/purchase
3.1. By purchasing/registering on the website, the User declares to be familiar with and accept the current GTC and the conditions for the Privacy Notice published on the website, and contributes to the processing of data.
3.2. The User is obliged to provide his/her own, true personal data during the purchase/registration. In case of any untrue data provided during purchase/registration or data related to other persons, the created electronic contract shall be void, and all related liability shall be borne by the customer/registrant.
3.3. The Service Provider does not take any responsibility in connection with the correctness and reality content of the data provided by the User. The Service Provider excludes liability for delivery delays or other problems or errors that can be traced back to data that is not real and/or is inaccurately provided by the User.
3.4. The Service Provider shall not be liable for any damages resulting from the User forgetting his/her password or it becoming available to unauthorized persons for any reason not attributable to the Service Provider.
4. Order, preorder
4.1. The prices shown for the products are expressed in EUR and include the VAT amount required by law.
4.2. In the webshop, the Service Provider indicates the name and description of the products in detail, and displays a photo of the products. The images shown on the product data sheet may differ from the actual product appearance, they are given as illustrations. The Service Provider does not assume responsibility for the difference due to the image displayed in the webshop and the actual appearance of the product, the Service Provider's responsibility applies to the technical content and compliance (with the specified technical parameters) of the product.
4.3. The Service Provider reserves the right to change the prices of the products that can be ordered in the webshop, provided that the change takes effect at the same time as it appears in the webshop. The change does not affect the price of products already ordered. When initiating a payment by bank transfer, we will not be able to provide a refund in the event of a price drop during the period between the sending of the electronic payment notification and receiving the product.
4.5. The order is only accepted via the Service Provider's website if the User provides all the data required for the order. The Service Provider shall not assume any liability for delivery delays or other problems or errors resulting from incorrectly and/or inaccurately provided order data by the User.
4.6. By submitting an order, the User agrees to accept these General Terms and Conditions and acknowledges them as binding.
4.7. It is possible to place a preorder in the webshop for certain products that are not in stock, to be made individually, by specifying the individual parameters. In this case, after the preorder has been recorded, the price and the production deadline will be determined individually, which will be communicated by the Service Provider in a separate email and accepted by the Customer by email. These individual products are manufactured on the basis of consultation with the Customer and an individual order, and after their completion, the Customer can purchase the product via a link dedicated to the Customer, in addition to any advance payment paid when ordering the manufacturing., subject to the general terms and conditions prescribed under these GTC.
4.8. If, despite all the due care of the Service Provider, an incorrect price is charged in the web-shop, in particular, the manifestly erroneous HUF "0" or HUF "1" price due to a system error, for example, then the Service Provider is not obliged to deliver the product at the wrong price but may offer delivery at the correct price, in the knowledge of which the Customer may withdraw from the purchase intention. In the event of an incorrect price, there is a striking disproportion between the actual and indicated price of the product, which the average consumer also needs to recognize. An order confirmed at an incorrect/erroneous price is considered a void contract.
4.9. If an error or omission occurs in the webshop in connection with the description of the products or the given price, the Service Provider reserves the right to correct the incorrect data. In this case, we will inform the customer of the correct data immediately after recognizing or modifying the error. The customer then has the option to cancel the order within 3 days.
5. Ordering process
5.1. After registering, the User logs in to the webshop/or can start the purchase without registration.
5.2. User sets the number of products to be purchased.
5.3. User places the selected products into the cart. User may view the content of the cart by clicking on the "cart" link at any time.
5.4. If the User wants to add another product to the cart, the "continue shopping" button should be selected. If the User does not want to buy another product, the number of products to buy should be checked. The content of the cart can be deleted by clicking on the "Delete" – X” icon. To finalize the quantity, the User clicks on the "Refresh" link.
5.5. User provides/selects the delivery address, followed by the delivery/payment method, the types of which are:
5.5.1. Payment methods:
The Service Provider does not provide the Customer the opportunity to change the delivery method after the order is verified.
5.6. The final amount to be paid includes all costs based on the order summary and the confirmation letter. The invoice is included in the package. The Customer is required to inspect the package upon delivery in the presence of the courier and, in the event of any damage to the products or their packaging, the recording of minutes must be requested; in case of any damage, Customer is not obliged to accept the package. Subsequent complaints without minutes will not be accepted by the Service Provider.
5.8. After entering the data, the Customer can finalize the order by clicking on the "order" button, however, before that, the information provided can be double-checked once more or a comment can be sent attached to the order. In connection with the contents of the comment, the Service Provider consults with the Customer via the contact details provided. The Service Provider cannot take into account the information provided in a manner other than that specified in the “comment” field attached to the order in connection with the fulfilment of the order.
5.9. Fixing data entry errors: Before completing the ordering process, the Customer can always return to the previous page, where the entered data can be corrected.
5.10. After sending the order, the Service Provider will send a confirmation to the Customer to the given email address, indicating the details of the order. If this confirmation is not received by the Customer within 48 hours from sending the order, the Customer is released from a binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the Customer when it becomes available. The Service Provider excludes confirmation liability where the confirmation is not received on time due to the fact that the Customer provided the wrong email address during registration/order, or cannot receive messages because the Customer's email account reached its storage limit.
6. Order performance
6.1. By finalizing the order recorded in the webshop, based on the contract concluded between the Parties, the Service Provider is obliged to transfer the ownership of the item, and the User to pay the purchase price and collect the item.
6.2. The risk of damage is transferred to the Customer from the Service Provider when the Customer or a third party designated by the Customer takes possession of the item ordered in the webshop (collects it from the Service Provider or the FedEX courier).
6.3. If the purchased product is not delivered within the delivery period chosen by the Customer during the order, the Customer is entitled to exercise the right of withdrawal in accordance with the terms and conditions of the FedEx service (given that the Customer has accepted the FedEx Terms and Conditions for Services and Contracts by placing the order).
6.4. If the Service Provider fails to fulfil the contractual obligations due to the fact that the product specified in the contract is not available, the Service Provider is obliged to inform the Customer about this immediately by email and refund the amount paid by the Customer immediately, but no later than within thirty days.
6.5. The Service Provider shall not be liable for any changes in technical specifications without prior notice due to reasons beyond its control. The Service Provider reserves the right to reject orders that have already been confirmed in part or in full. Partial performance may only take place after consultation with the Customer.
7. Right to withdrawal
7.1. In light of 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 concluded between consumers and businesses, the Consumer may withdraw from the contract within 14 days of receiving the ordered product without providing a reason, and may send back the ordered product. In the absence of this notice, the Consumer is entitled to exercise the right of withdrawal for 1 year.
7.2. The period open for exercising the right of withdrawal expires in 14 days from the day on which the Consumer or a third party other than the carrier designated by the Consumer takes over the product.
The Consumer may also exercise the right of withdrawal between the date of concluding the contract (ordering in the webshop) and the date of receiving the product.
7.3. The cost of returning the product must be borne by the Consumer, the company does not bear the costs involved. In case of exercising the right of withdrawal, the Consumer shall not bear any costs other than the cost of returning the product, however, the Service Provider may demand compensation for material damage resulting from improper use.
7.4. The right of withdrawal does not apply to the Consumer in the case of a non-prefabricated product which has been produced on the Consumer's instructions or at the Consumer's express request, or in the case of a product which is clearly tailored to the Consumer.
7.5. The Service Provider shall refund the amount paid to the Consumer immediately, but not later than within 14 days, upon the return of the product/or receiving the withdrawal statement.
7.6. For the refund, we will use the same payment method as for the original transaction, unless the Consumer expressly consents to the use of another method of payment; no additional costs shall be borne by the Consumer as a result of the application of this method of reimbursement.
7.7. The Consumer is obliged to return the goods to the Service Provider without undue delay, but in no cases within 14 days from the date of sending the notice of withdrawal to the Service Provider.
7.8. In the event of the Consumer's withdrawal notified in writing, it is sufficient to send a statement of withdrawal within 14 days.
7.9. The Consumer complies with the deadline if the product is returned or handed over before the end of the 14-day period.
7.10. The Consumer only bears the direct cost of returning the product.
7.11. The Consumer may only be held liable for depreciation of the goods if it occurred due to a treatment other than that necessary to establish the nature, characteristics and functioning of the goods.
7.12. In the event of withdrawal, the Customer is obliged to return the product with all accessories and undamaged packaging (the inner packaging can be opened and resealed without damage, the sponge filling protecting the product can be removed and replaced without damage), in such a way that they can be received by the Service Provider undamaged. In case of damaged packaging, its fee will be deducted from the refundable amount.
7.13. The refund may be withheld by the Service Provider until the goods have been returned or the Consumer has provided proof that they have been returned – considering that the refund is executed after the inspection of the returned product (see point 7.12.).
7.14. If the Consumer wishes to exercise the right of withdrawal, this may be indicated at one of the Service Provider's contact details in writing (either by using the help of the enclosed data sheet) or by telephone. In the case of written notification by post, the date of posting is taken into account, and in the case of telephone notification, the time of our notification by telephone is taken into account. In case of notification by post, the Service Provider accepts notification as registered mail or package. The Consumer can return the ordered product to the Service Provider by post or by courier service.
7.15. The Consumer must pay special attention to the intended use of the product, as the Consumer is responsible for compensating for damages resulting from improper use! Within fourteen days after the return of the product, the Service Provider will refund the purchase price of the product to the bank account number provided by the Consumer, together with the delivery cost.
7.16. Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses is available here.
7.17. Directive 2011/83/EU of the European Parliament and of the Council is available on the internet.
7.18. Consumers can also contact the Service Provider with other complaints at the contact details provided in this Policy.
7.19. The right of withdrawal only pertains to Users who qualify as consumers according to the Civil Code.
7.20. The right of withdrawal does not apply to enterprises, i.e. persons who act in their professional, self-employment or business capacity.
7.21. Process of exercising the right of withdrawal:
7.21.1. If the Consumer wishes to exercise the right of withdrawal, a statement of withdrawal is required to be sent containing the intention to withdraw to one of the contact details of the Service Provider.
7.21.2. The Consumer exercises the right of withdrawal within the time limit if Consumer sends the statement of withdrawal before the expiry of the 14th day from the receipt of the product. In the event of withdrawal notified in writing, it is sufficient to only send a statement of withdrawal within 14 days. When notifying by post, the date of posting and, in the case of notification by email or fax, the time of sending the email or fax will be taken into account.
7.21.3. In case of withdrawal, the Consumer is obliged to return the ordered product to the address of the Service Provider without delay, but no later than within 14 days from disclosing the statement of withdrawal. The deadline is considered met if the product is dispatched before the 14-day time limit (so it does not have to arrive within 14 days). The Customer shall bear the costs incurred in connection with returning the goods due to exercising the right to withdraw.
7.21.4. The Consumer may also exercise the right of withdrawal between the date of concluding the contract and the date of receiving the product.
7.21.5. When buying and selling multiple products, if each product is delivered at a different time, the Customer may exercise the right of withdrawal within 14 days from the receipt of the the last delivered product, or in the case of a product consisting of several lots or items, within 14 days from the receipt of the last delivered lot or item.
8. Warranty
Implied warranty:
Product warranty:
8.12. The Service Provider does not warrant against any damage resulting from natural wear and tear, and those which have arisen after the transfer of the risk as a result of improper or negligent handling, excessive use and impacts other than specified, or other improper use of the products.
9. Procedure in the event of a warranty claim
9.1. In a contract between a consumer and a business, the agreement of the parties may not derogate from the provisions of the Decree to the detriment of the consumer.
9.2. It is the consumer's responsibility to prove the conclusion of the contract (with an invoice or simply by a receipt).
9.3. The costs related to the fulfilment of the warranty obligation are borne by the Service Provider (Section 6:166 of the Hungarian Civil Code).
9.4. The Service Provider is obliged to keep minutes of the warranty or guarantee claims reported by consumers.
9.5. A copy of the minutes must be made available to the consumer without delay and in a verifiable manner.
9.6. If at the time of notification the Service Provider is unable to declare whether the consumer's warranty or guarantee claim can be fulfilled, it must notify the Consumer of its position within five business days in a verifiable manner, and in case of rejecting the claim, providing the reason for the rejection and the possibility to turn to the Conciliation Board.
9.7. The Service Provider is obliged to keep the minutes for three years from the date of its recording and to present it at the request of the supervisory authority.
9.8. The Service Provider must strive to carry out the repair or replacement within a maximum of fifteen days.
10. Miscellaneous provisions
10.1. The Service Provider is entitled to use a contributor to fulfil its obligations. The Service Provider is fully responsible for the contributor's unlawful conduct, as if the unlawful conduct had been committed by itself.
10.2. If any part of this Policy becomes invalid, unlawful or unenforceable, it will not affect the validity, lawfulness and enforceability of the remaining parts.
10.3. If the Service Provider does not exercise its right under the Policy, the failure to exercise the right may not be considered as a waiver of the given right. Waiver of any right is only valid if expressly stated in writing. The fact that the Service Provider does not strictly insist on adhering to an essential condition or stipulation of the Policy on one occasion does not mean that the Service Provider waives any subsequent insistence on strict adherence to that condition or clause.
10.4. The Service Provider and the User try to settle their disputes amicably.
11. Complaints handling procedure
11.1. The goal of our store is to perform all orders in appropriate quality, to the complete satisfaction of our Customers. If the User nevertheless has a complaint regarding the contract or its performance, a complaint can be submitted via the above telephone number, email address or by sending us a letter.
11.2. The Service Provider will immediately investigate any verbal complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint, or it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position in this regard, and provide a copy to the customer.
11.3. The Service Provider responds to written complaints within 30 days in writing. Reasons are provided for rejecting a complaint. The Service Provider shall keep the record of the complaint and a copy of the response for five years and present it to the supervisory authorities upon request.
11.4. Please be informed that if your complaint is rejected, you can initiate proceedings with an authority or conciliation body with your complaint, at the contact details below.
11.5. The Service Provider applies the conciliation panel procedure in order to settle the consumer dispute.
11.9. The Conciliation Board is responsible for resolving consumer disputes out of court. The role of the Conciliation Board is to try to reach an agreement between the parties to settle a consumer dispute, in the event of failure to do so, to make a decision on the matter in order to ensure that consumer rights are enforced easily, quickly, efficiently and cost-effectively. At the request of the Consumer or the Service Provider, the Conciliation Board shall advise on the rights and obligations of the Consumer.
11.10. In the event of a cross-border consumer dispute related to an online sales or online services contract, only the Conciliation Board working by the Budapest Chamber of Commerce and Industry has jurisdiction over the procedure.
11.11. Consumers can use the EU online dispute resolution platform for their complaints. Using the platform requires a simple registration in the European Commission's system by clicking here. Then, after logging in, Consumers can submit their complaint online via the website, the address of which is: http://ec.europa.eu/odr
11.12. The Service Provider is obliged to cooperate in the conciliation panel proceedings. In this context, Service Provider is obliged to send a reply to the conciliation body and ensure the participation of the person authorized to reach an agreement at the hearing. If the registered office or place of business of the undertaking is not registered in the county of the chamber operating the conciliation body with territorial jurisdiction, the undertaking's obligation to cooperate extends to offering the possibility of concluding a written agreement in accordance with the consumer's needs.
12. Copyright
12.1. Since www.simtrecs.com as a website qualifies copyrighted work, the downloading, electronic storage, processing and marketing of the contents displayed on the www.simtrecs.com website or any part of them is prohibited without the prior written consent of the Service Provider.
12.2. Even with the prior written consent of the Service Provider, any material may be taken over from the www.simtrecs.com website and its database only with reference to the given website.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and its advertising spaces on the internet.
12.4. It is prohibited to adapt or decrypt the content of the www.simtrecs.com website or parts of it; set up user IDs and passwords in an unfair manner; use any application that modifies or indexes www.simtrecs.com or any part thereof.
12.5. The User acknowledges that in case of use without a license, the Service Provider is entitled to a penalty. The amount of the penalty is EUR 100,000 per product. The visitor of the www.simtrecs.com site acknowledges (without registration as well) that this penalty requirement is not excessive, and browses the page in awareness of this. In the event of a copyright infringement, the Service Provider uses a notarized fact certification, the fee of which is also passed on to the infringing user.
13. Data Protection
SimplePay
I acknowledge the following personal data stored in the user account of Cserkuti Kft. (1125 Budapest, Kikelet u. 45.) in the user database of www.simtrecs.com will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following: [data transmitted by the trader]
The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found at the following link: http://simplepay.hu/vasarlo-aff
The Privacy Policy of the website is available <<<HERE>>>