Terms of Use

GENERAL TERMS AND CONDITIONS (GTC)

www.geekandgorgeous.com

Effective from the date: 01.10.2019.

Preamble

Welcome to our Website! Thank you for honouring us with your trust in your purchase!

Please read this document carefully before finalizing your order, as by finalizing your order you agree with the contents of this GTC!

If you have any questions regarding this General Terms and Conditions, the use of the Website, each product, the purchase process, or if you would like to discuss with us your individual requirements, please contact our colleague at the contact details provided.

Impress: data of the Service Provider (Seller, Business)

Name: Geek & Gorgeous Kft.

Registered seat: 1036 Budapest, Bécsi út 85.

Mailing address: 1036 Budapest, Bécsi út 85.

Registering authority: Company Registry Court of Budapest Capital Regional Court

Company registration number: 01-09-209474

Tax number: 25341050-2-41

EU VAT number: HU25341050

Representative: Péter Budaházy

Phone number: +36 20 411 4416 (in working days between 08:30-16:15)

E-mail: hello@geekandgorgeous.com

Web page: https://www.geekandgorgeous.com

Hosting provider data

Name: Shopify Inc.

Registered seat:
150 Elgin Street, Suite 800
Ottawa, ON K2P 1L4
Canada

Web page: https://www.shopify.com/

Concepts

Parties: Seller and Purchaser together. 

Consumer: a natural person acting for purposes other than trade, Business or profession.

Consumer contract: a contract of which one subject is a Consumer. 

Website: this website is used to conclude the contract.

Contract: purchase agreement between the Seller and the Purchaser by using Website and electronic mail.

Electronic communication device between absentees: a device that can make a contractual declaration in the absence of the Parties to conclude a contract. Such device, in particular, the addressed or unaddressed form, the standard letter, the advertisement in the press product with the order form, the catalogue, the telephone, the fax and the Internet access device.

Distance contract: a Consumer contract which was concluded by the Parties by using only the electronic communication device between absentees within the framework of distance selling arrangements for the supply of the contract goods or services without the physical presence of the Parties.

Product: all marketable movable property offered for sale by the Website that is subject to the Contract.

Business: a person who is trading for in its profession, self-employment or Business.

Purchaser/You: the contractor who makes an offer for purchase through the Website.

Guarantee: in the case of contracts between a Consumer and a Business (hereinafter: Consumer contract) in accordance with the Civil Code,

a guarantee for the performance of the contract which the Business voluntarily undertakes in addition to or in the absence of its legal obligation, to perform the contract properly; and

a mandatory guarantee based on the law.

Term and acceptance of the GTC

The content of the contract between us - in addition to the provisions of the applicable binding legislation - is governed by these General Terms and Conditions (hereinafter as GTC). Accordingly, this GTC contains your and our rights and obligations, the terms and conditions of the contract, the performance dates, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.

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.

Before finalizing your order, you have to get acquainted with the provisions of this GTC. By purchasing through our webshop, you accept and agree with the terms of this GTC and it will fully be the part of the contract between you and the Seller.

The language of the contract, the form of the contract

The language of contracts subject to this GTC is English.

Contracts covered by this GTC are not considered as a written contract and are not registered by the Seller.

The present GTC is governed by the law of Hungary, the Hungarian authorities and courts have exclusive jurisdiction to judge any legal dispute arising from the present agreement.

Use of the Website 

Information on the essential characteristics of Products

On this site, you will find the essential features of the Products available for purchase in the descriptions for each Product.

Prices 

All prices are in EUR and include 27% VAT. Prices are indicative and we reserve the right to change the price. 

Procedure in case of incorrect the price

The Seller assumes no responsibility for the price displayed due to its diligence and/or obviously due to a fault in the IT system.

An obviously defective price is a:

price of 0 EUR,

price reduced by discount, but it is misrepresenting the discount (e.g.: in case of a 100 EUR price Product, the Product is offered for 50 EUR with a 20% discount).

In the event of an incorrect price being stated, the Seller shall offer the option of purchasing the Product at the real price, which information may be used by the Purchaser to decide whether to order the Product at a real price or to cancel the order without any adverse legal consequences. 

Registration

Purchase requires registration.

The Website provides to the Users a Product demonstration and online ordering option. The User can browse on the Website using the User menu. The products are grouped by category.

By clicking on the Product name from the Product list you can access the detailed Product page. Here you can find out the detailed features and price of the Product you wish to order.

The selected Product can be added to the cart using the ”Add to Cart” button. Beside the button, the required number of pieces can be set. The User can check the contents of the cart using the Cart menu. Here you can change the quantity you want to order from the cart or delete the item. After any modification you have to click on the “Update cart” button.

The User can continue the purchase process by clicking on the ”Proceed to checkout” button. As a second step, you can log in, registration, and purchase without registration. In the case of registration and purchase without registration, the User shall provide the following data: e-mail address, name, telephone number, billing address and, if different, the delivery address. For registration in addition to the above information, a password is required too. About the successful registration, the User can be informed by e-mail and on the Website. The User may request from the Service Provider to cancel his/her registration by e-mail, in which case he/she have to re-register for a new purchase.

The User is responsible for keeping the access data confidential. The User is responsible for updating his/her data and shall notify the Service Provider if he/she becomes aware that his data has been misused by a third party. If you forget your password, you can request a new password for the registered e-mail address on the Website. If the User has previously registered on the Website, the ordering process can be continued by entering his/her e-mail address and password. 

As a next step in the order, the User shall select the appropriate payment and shipping method. Using a summary page, the User can check all the information provided previously and the quantity of Products to be ordered. In the case of data entry errors, you can use the pencil icon to correct the entered data.

If you find everything right, you can finalize your order using the ”Place Order” button. You will receive confirmation of this on the Website and by e-mail. If, after the order has been registered (for example, in the confirmation e-mail), it discovers any incorrect data, it shall be notified to the Service Provider immediately, but within 24 hours at the latest. Regardless of the intent to place an order, the User may log in using the ” Login” box or the ”Login” menu. After logging in, you will see the ”Edit” menu, where you can modify the information you provided during the registration, and keep track of your order details and status.

Conditions for fulfilling the order

The Webshop may refuse or condition on an order fulfilment for customers who have previously breached the General Terms and Conditions for example but are not limited to failing to meet their payment obligation at the time of ordering.

The webshop does not contract with minors. By accepting the commercial terms, the customer declares that he is of legal age. 

Returning the Product 

The Product will only be returned in its original condition and packaging, in complete quantity and quality. If you would return a shipped Product for any reason, the return address shall be agreed in advance with the Customer Service, because the address also depends on the reason for the return. 

Correction of the entered data errors - Responsibility for the accuracy of the provided data

During the order process, you have the opportunity to change the information you have entered before the order is finalized (clicking on the back button in the browser will open the previous page so that you can correct the entered data even if you have already moved to the next page).

Please note that it is your responsibility to ensure that the data you provide is accurately entered, as the information you provide will be invoiced, and shipped the Product. By placing your order, you acknowledge that Seller is entitled to indemnify you for any loss or expense incurred as a result of your incorrect data entry or inaccurate information. Seller disclaims any responsibility for performance based on inaccurate data entry. Please note that incorrect e-mail address or storage space in your mailbox may result in a lack of confirmation delivery and may prevent the contract from being concluded.

Finalize your order (Offering)

If you are convinced that the contents of the Cart correspond to the Products you wish to order and that your data is correct, you can close your order by clicking on the "Place Order" button. The information provided on the Website does not constitute an offer to enter into a contract with the Seller. You are considered to be the tenderer for orders covered by this GTC. 

You expressly acknowledge by clicking on the "Place Order" button that your offer shall be deemed to have been made and your statement, if confirmed by the Seller in accordance with this GTC, shall entail payment obligation. You will be bound by your offer within 48 hours. If your offer is not confirmed by the Seller within 48 hours in accordance with this GTC, you will be released from the validity of your offer.

Order processing, contract conclusion

Orders are processed in two steps. You can place an order at any time. You will first receive automatic feedback on your order, which will only record that your order has been received through the Website, but this confirmation does not constitute acceptance of your offer. If you notice that the automatic confirmation e-mail notification contains incorrect information (e.g. name, shipping address, telephone number, etc.), you are obliged to notify us of this fact at the same time as you enter the correct details by e-mail without delay. If you do not receive the automatic confirmation e-mail within 24 hours of your order, please contact us, because your order may not have arrived due to technical reasons.

After sending your offer, the Seller will confirm your offer by a second e-mail. The contract is concluded when the confirmation e-mail sent by the Seller becomes available to you in your e-mail system (second confirmation).

Payment methods

Payment by credit card

On the order summary page, select the "Credit card" option and then press the "Pay for Order" button. You will be redirected to Mollie bank card payment service provider’s page. You shall be entered the following information on this page:

Card holder name

Credit card number

Expiration date

CVV number.

Payment is made through a secure (encrypted) channel. Your credit card details will not be held by the Seller.

PayPal payment

On the order summary page, select “PayPal” and then press “Pay for Order”. You will be redirected to PayPal's login page. Enter your username and password to log in to your PayPal account and initiate a payment from there. Your data is entered through a secure (encrypted) channel. The data will not be retained by the Seller. 

Shipping methods, shipping fees

Home delivery

Your parcel will be delivered to you by one of the courier services you can find at the Website’s page https://geekandgorgeous.com/pages/shipping

Please note that complaints regarding damage of Products or their packaging will only be accepted by sending photos of the Products and the entire outer packaging to hello@geekandgorgeous.com.

Take the damaged package from the Courier Service only with a record of the damage and photograph the package before and after unpacking! We will NOT accept complaints about items missing from the package or damaged during shipment without recording a damage report.

If the package is severely damaged so that the contents of the package can be accessed, you should NOT take it at all, but reject the receipt and notify us immediately.

See current shipping rates here: https://geekandgorgeous.com/pages/shipping

Performance deadline 

The general deadline for performance the order is up to 10 days from the order confirmation. This delivery deadline is only informative, and any deviation from this will be notified by e-mail. 

Reservation of rights, ownership clause

Seller may withhold the delivery of the Product until it is satisfied that the price of the Product has been successfully paid through the electronic payment solution. If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price.

Territory of shipping 

Unless otherwise provided in this GTC, Seller ensures delivery to the countries listed on the shipping page:  https://geekandgorgeous.com/pages/shipping

To those countries that are not on the list, the Seller does not ship currently.

The provisions of this GTC shall apply to purchases in the above-mentioned countries by virtue of the provisions of the relevant regulation for this point, Buyer is the customer who is a national of, or resident in, a Member State or an undertaking established in a Member State which purchases goods for the only purpose of end-use, or uses the service or act with that intention. Consumer means any natural person who is acting for purposes which are outside his trade, Business, craft or profession.

The language of communication and purchase is primarily English, the Seller is not obliged to communicate with the Buyer in the language of the buyer's Member State.

The Seller shall not be required to comply with, or to inform the Buyer of, any non-contractual requirements, such as labelling or industry-specific requirements, applicable to the Product in question under the national law of the Member State of the Buyer.

Unless otherwise specified the Seller will apply Hungarian VAT for all Products. 

The Buyer may exercise his/her rights of enforcement according to this GTC.

If an electronic payment solution is used, the payment will be made in the currency specified by the Seller.

The Seller may withhold delivery of the Product until it is satisfied that the price of the Product and the delivery fee have been successfully and fully paid through the electronic payment solution (including the case where the buyer pays the purchase price (shipping fee) in the currency of the Member State for the Product paid by wire transfer and the Seller does not receive the full amount of the purchase price due to conversion, bank charges and costs). If the price of the Product has not been paid in full, the Seller may call the Buyer to supplement the purchase price.

Consumer information on the Government Decree 45/2014. (II. 26.)

Information on the Consumer buyer's right of withdrawal 

Under Section 8:1 (1) (3) in Civil Code the Consumer means a natural person acting outside his profession, independent occupation or Business activity, so legal entities cannot exercise the right of withdrawal without justification!

According to Section 20 of the Government Decree 45/2014. (II. 26.), the Consumer has the right to withdraw without justification. The Consumer has the right of withdrawal 

in the case of a Contract for the sale of a Product

the Product, 

ab) when buying multiple Products if each Product is delivered at a different time, to the last Product delivered,

within 14 days from the date of receipt indicated by the Consumer or by a third party other than the courier. 

Nothing in this point shall affect the Consumer's right to exercise the right of withdrawal specified in this point between the date of conclusion of the Contract and the date of receipt of the Product.

If the Consumer has made an offer for the conclusion of the Contract, the Consumer shall have the right to withdraw the offer before the conclusion of the Contract, which shall terminate the binding obligation to conclude the Contract.

Notice of withdrawal, the exercise of the Consumer’s right of withdrawal or termination

The Consumer may exercise the right of the insured in Section 20 of the Government Decree 45/2014. (II. 26.) using a clear statement to this effect or by using a template of the statement which can be downloaded from the Website.

Validity of the Consumer's withdrawal statement

The right of withdrawal shall be deemed to be exercised within the deadline if the Consumer submits his/her statement within the deadline. The deadline is 14 days.

The Consumer shall prove that he/she has exercised his/her right of withdrawal in accordance with this provision. 

The Seller shall confirm the Consumer's withdrawal statement upon receipt on an electronic media.

Obligations of the Seller in the event of the Consumer's withdrawal

Seller's Refund Obligation

If the Consumer exercises his/her right of withdrawal from the Contract in accordance with Article 22 of the Government Decree 45/2014. (II. 26.), the Seller shall, within fourteen days of becoming aware of the withdrawal, reimburse the full amount paid by the Consumer for consideration, including any costs incurred in performance as the shipping fee.

Please note that this provision does not apply to extra costs incurred by choosing a mode other than the least costly mode of transport.

Method of Seller's Refund Obligation 

In the event of withdrawal or termination appropriate to Article 22 of the Government Decree 45/2014. (II. 26.), the Seller shall refund the amount due to the Consumer in the same manner as the payment method used by the Consumer. Based on the Consumer's express consent, the Seller may use another form of payment for the refund but shall not charge the Consumer any additional fee. The Seller shall not be liable for any delay resulting from a mistake and/or inaccuracy in the Customer's bank account number or postal address.

Extra Costs 

If the Consumer expressly opts for a mode of transport other than the least costly, the Seller shall not be obliged to reimburse the resulting additional costs. In this case, we are responsible for the refund up to the general shipping rates shown. 

Right of retention

The Seller may withhold the refund due to the Consumer until the Consumer has returned the Product or has unequivocally confirmed that it has been returned; the earlier of the two shall be taken into account. We are unable to accept a package with cash on delivery or postage. 

The Consumer's obligations in the event of withdrawal or termination 

Returning the Product

If the Consumer withdraws from the Contract in accordance with Article 22 of the Government Decree 45/2014. (II. 26.), the Consumer shall return the Product promptly, but no later than fourteen days after notice of withdrawal or take over it to the Seller or a person authorized by the Seller to receive the Product. Returns are deemed to have been completed on time if the Consumer has dispatched the Product before the time limit expires.

The cost of returning the Product

The Consumer shall bear the cost of returning the Product. The Product shall be returned to the Seller's address. If the Consumer terminates the Contract relating to the provision of services between the absents after the commencement of the performance, the Consumer shall pay to the Business a fee commensurate with the service provided up to the date of notice of termination. The payable amount by the Consumer shall be determined based on the total amount of the consideration specified in the Contract including tax. If the Consumer proves that the determined total amount is excessive, the proportionate amount shall be calculated based on the market value of the services provided up to the date of termination of the Contract. Please note that we will not be able to take over any Product returned by cash on delivery or by post. 

Consumer's responsibility for depreciation 

The Consumer shall be liable for any diminution in use resulting from use in excess of that necessary to determine the nature, characteristics and functioning of the Product. 

The right of withdrawal cannot be exercised in the following cases 

The Seller expressly draws your attention to the fact that you cannot exercise your right of withdrawal in the referred cases under Section 29 (1) of Government Decree 45/2014 (II.26.): 

in the case of a Contract for the provision of a service, after the performance of the service as a whole, where performance has begun with the Consumer's express prior consent, and the Consumer has acknowledged that he/she will lose his/her right of withdrawal; 

in the case of a Product or service whose price or fee which is subject to fluctuations in the money market which cannot be controlled by the Business, even within the deadline for exercising the right of withdrawal;

in the case of a non-prefabricated Product which has been manufactured according to the Consumer's request or at the express request of the Consumer, or which is personalized to the Consumer;

perishable or, in the case of a Product which will retain its quality for a short period;

such sealed Product which cannot be returned after opening for health or hygiene reasons;

in respect of a Product which, by its nature, is inextricably mixed with another Product after its delivery;

such alcoholic beverages of which actual value depends on the market fluctuations beyond the control of the Business, and the price of which was agreed by the Parties at the time of the conclusion of the Contract, but shall not be performed until the thirtieth day after the date of conclusion of the Contract;

in the case of a Business contract where the Business has contacted the Consumer to carry out urgent repair or maintenance work at the express request of the Consumer; 

the sealed audio or video recordings and computer software in cases where the Consumer has opened the packaging after the delivery;

newspapers, magazines and periodicals, except for subscription contracts; 

for contracts concluded at public auction; 

a contract for the provision of accommodation, transport, car rental, catering or leisure services, other than residential services, where the performance date or deadline specified in the contract; 

in the case of the digital content provided on a non-tangible medium if the Business commenced performance with the Consumer's express prior consent and the Consumer, with that consent, made a statement of that he/she loses his/her right of withdrawal after commencement of the performance. 

Warranty, Product warranty and Guarantee

This section of the Consumer information is based on applying Annex 3 to Government Decree 45/2014 (II.26.) that was made by the authorization of Article 9 (3) of Government Decree 45/2014 (II.26.). 

Warranty 

In which case you can exercise your right of warranty? 

You may enforce a warranty claim against the Seller in the event of the Seller's defective performance under the terms of the Civil Code.

What rights do you have under your warranty claim?

You have the following warranty claims, as you choose:

You can choose either repair or replacement unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the Seller as compared to the alternative remedy. or ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the obligor’s expense. If you do not or cannot choose the reparation or replacement you can ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Seller’s expense, or withdraw from the Contract in the last case.

You shall be entitled to switch from the warranty right he/she has selected to another. The cost of switch-over shall be covered by you unless it was made necessary by the Seller’s conduct or for other reasons.

What is the deadline for your warranty claim?

You shall be required to inform the Seller of any lack of conformity without delay, but no later than two months after the discovery of the error.

However, we draw your attention that you will no longer be able to enforce your warranty claim after the two years from the performance of the Contract (delivery date).

If the things supplied under a Contract that involves a Consumer and a Business party are second-hand, the Parties may agree on a shorter limitation period, however, the limitation period may not be less than one year in this case either.

Against whom can you enforce your warranty claim?

You can enforce your warranty claim against the Seller.

What are the other conditions to enforce your warranty claims?

Within six months of the date of delivery, there is no other condition for enforcing your warranty claim unless you certify that the Product or service was provided by Seller. However, after six months have passed from the date of performance, it is your responsibility to prove that the defect you discovered was present at the time of the performance.

By default, warranty and Guarantee rights are different from the general rules for used Products. There may be defective performance in the case of used Products, however, the circumstances under which the customer may have expected certain defects to be taken into account. As a result of obsolescence, the occurrence of certain defects becomes more frequent, which means that a second-hand Product may be of the same quality as a newly purchased Product. Based on this, the customer is entitled to enforce its warranty rights only in respect of defects that are beyond and independently of the defects in use. If the used Product is defective and the customer, who is a Consumer, has been informed thereof at the time of the purchase, the Service Provider shall not be liable for the known defect.

Product warranty

In which case you can exercise your right of Product warranty?

In the event of a defect in a movable (the Product you may assert a warranty claim, or a Product warranty claim according to your choice.

What rights do you have under your warranty claim?

As a product warranty claim, you can only request the repair or replacement of the defective Product.

In what case is the Product defective?

A Product shall be considered defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics given by the manufacturer.

What is the deadline for enforcing your product warranty claim?

You can claim your product warranty within two years of the Product being marketed by the manufacturer. Upon expiry of that period, you shall lose your entitlement.

Against whom and under what other conditions can you claim your product warranty claim?

You can claim your product warranty only against the manufacturer or distributor of the movable thing. You shall prove the defect of the Product if you claim a product warranty.

In what cases is the manufacturer (distributor) exempt from product liability?

The manufacturer (distributor) shall be relieved of liability if able to prove that:

he did not place the Product on the market;

the Product was not produced for retail purposes, or it was not produced or distributed within the framework of regular Business activities;

the Product was in perfect condition at the time when it was placed on the market, and the cause of the defect developed subsequently;

at the time the Product was placed on the market the defect could not have been discovered according to the current state of scientific and technological achievements; or

the defect in the Product was caused by the application of a statutory or regulatory provision.

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

Please note that due to the same defect, you cannot enforce a warranty and product warranty claim simultaneously. However, if your product warranty claim is effectively enforced, you may enforce your warranty claim on the replaced Product or part against the manufacturer.

Guarantee

In which case you can exercise your right of guarantee?

In the event of defective performance, the Seller is bound by Government Decree 151/2003. (IX. 22.) on mandatory Guarantee for certain durable Consumer goods.

The law states a Guarantee for durable Consumer goods (e.g. technical items, tools, machines) and their parts with a purchase value over 10,000 HUF.

What are your rights and within what time limit you are entitled to a Guarantee? 

The Government Decree 151/2003. (IX. 22.) on mandatory Guarantee for certain durable Consumer goods defines the cases of mandatory Guarantee cases. The Seller does not provide Guarantee for Products not covered by this scope. The guarantee claim is valid during the guarantee period. If the guarantor fails to comply with its obligation to call upon the right holder within a reasonable time, the claim may be pursued in court within three months of the expiry of the term specified in the notice, even if the warranty period has expired. Failure to meet this deadline causes a loss of rights. Otherwise, the rules governing the exercise of warranty claims should apply mutatis mutandis to the enforcement of a guarantee claim. Failure to meet this deadline causes a loss of rights. The guarantee period begins on the day of the delivery of the Consumer item or, in the case of the delivery by the Business or its agent. For guarantee claims beyond one year, please contact the manufacturer.

What is the relationship between Guarantee and other warranty rights?

The Guarantee is prevailing beside the warranty and product warranty rights. The basic difference between general warranty rights and Guarantee is that the burden of proof is more favourable to the Consumer in the case of a Guarantee.

Except for the vehicles, consumables with a fixed, which are subject to mandatory Guarantee under Government Decree 151/2003, or which cannot be transported as hand luggage on public transport vehicles weighing more than 10 kg, shall be repaired at the place of operation. If the repair cannot be performed at the site, disassembly and assembly, as well as removal and return, shall be provided by the Business or, in the case of a request for repair directly by the repair service, then by the repair service.

The Seller's undertaking for the duration of the mandatory Guarantee shall not include terms and conditions that are less favourable to the Consumer than the rights guaranteed by the mandatory Guarantee. Thereafter (after 1 year), however, the terms of the voluntary Guarantee are free to be determined, however, in this case, the Guarantee does not affect the Consumer's statutory rights, including any warranty claims.

Replacement claim within three Business days

In the case of sales through the Webshop, the replacement claim within three Business days also applicable. Claims for replacement within three Business days may be claimed for Consumer durable goods covered by the Government Decree 151/2003. (IX. 22.), according to which if you validate your replacement claim within 3 working days, then the Seller shall understand that the Product was defective at the time of sale and shall replace the Product without further delay.

When is the Seller relieved from its Guarantee obligation?

The Seller shall be exempt from its Guarantee obligation only if it proves that the cause of the defect occurred after the performance.

Please note that due to the same defect, a warranty and a guarantee claim, and a Product warranty and a guarantee claim cannot be enforced concurrently, otherwise you will be entitled to the rights arising from the Guarantee regardless of the warranty rights.

Online dispute resolution platform

The European Commission has created a Website where Consumers can register, enabling them to settle their online disputes by filling out a request form, avoiding legal action. In this way, Consumers can enforce their rights without, for example, being prevented by distance.

If you would like to complain about a Product or service purchased online and do not necessarily want to go to court, you can use the online dispute resolution tool.

On the portal, you and the trader against whom you have complained can jointly select the dispute resolution body that you wish to entrust with handling the complaint.

The online dispute resolution platform is available at:

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

European Consumer Centre (ECC)

If you have a consumer complaint with the seller, the European Consumer Centre could help you resolve your complaint. The primary and most important task of the European Consumer Centre is to provide assistance and help outside the substantive, free-of-charge administrative procedure for settling individual consumer complaints across borders (where the consumer is domiciled and based in a trader located in different EU Member States, Iceland or Norway). The consumer is resident and not his nationality! 

What are the prerequisites for contacting the European Consumer Centre?

The consumer is domiciled, and the place of business is in different countries (cross-border), EU Member State, Iceland or Norway. (The consumer's place of residence and not his nationality matters);

The consumer has previously attempted to resolve the complaint with the business in writing and in a verifiable manner;

The consumer shall clearly identify and justify the specific individual (typically pecuniary) claim he wishes to assert due to the infringement and send the related evidence and documents.

Find the consumer centre in your country: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint/european-consumer-centres-network_en

Complaint handling and remedy options

The consumer may submit consumer complaints about the product or the Seller's activities at the following contact details:

Phone: +36 20 411 4416

Internet address: http://www.geekandgorgeous.com

E-mail: hello@geekandgorgeous.com

The consumer may communicate his complaint verbal or in writing to the business, about his or her complaint relating to the conduct, act or omission directly attributable to the business or a person acting in the interests of or on behalf of the business.

The verbal complaints have to be promptly investigated by the business and remedied as necessary. If the consumer disagrees with the handling of the complaint or if the complaint is not immediately investigated, the business shall immediately record the complaint and its position and hand over a copy of it in person to the consumer in the case of a personally communicated verbal complaint. In the case of a verbal complaint made by telephone or other electronic communications service, it shall be sent at the same time as the substantive reply, in accordance with the rules governing the reply to a written complaint, no later than 30 days. Otherwise, it is required to follow the written complaint as follows. Unless otherwise provided in the directly applicable legal act of the European Union, the business shall reply in writing to the substance of the matter and act to communicate it, within thirty days of receipt. A shorter deadline may be set by law and a longer deadline may be set by the act. The business shall give reasons for its position rejecting the complaint. A business shall provide a unique identification number for verbal complaints made by telephone or electronic communications services.

The records of the complaint shall contain the following:

the consumer's name and address,

the place, time and method of submitting the complaint,

a detailed description of the consumer's complaint, a list of the documents, documents and other evidence submitted by the consumer,

a statement by the business regarding its position on the consumer's complaint, where the complaint can be promptly investigated,

the signature of the person taking the records and the consumer, except for the verbal complaints made by telephone or other electronic communications service,

place and time of recording of the record,

the unique identifier of the complaint in the case of the verbal complaint made by telephone or other electronic communications service.

The business shall keep the record of the complaint and a copy of the reply for five years and shall make it available to the control authorities on request.

In the event of a complaint being rejected, the business shall inform the consumer in writing, with regard to the nature of the complaint, which authority or the arbitration board may initiate proceedings. The information shall also include the location, telephone and Internet contact details and the postal address of the competent authority or of the conciliation body where the consumer is domiciled or resident. The information should also include whether the business uses the arbitration procedure to resolve a consumer dispute.

If any consumer dispute between Seller and consumer is not resolved during the negotiations, the following remedies are open to the consumer:

Complaint to consumer protection authorities. If the consumer discovers a breach of his consumer rights, he is entitled to complain to the consumer protection authority in his place of residence. After considering the complaint, the authority will decide on the consumer protection procedure. The first-degree consumer protection duties are performed by the district offices competent for the consumer's place of residence, a list of these can be found here: http://jarasinfo.gov.hu

Court proceedings. Customer is entitled to a court action to enforce a consumer claim arising from a consumer dispute under the Act V of 2013 on Civil Code and Act 2016 CXXX. on Civil Procedure.

We inform you that you may file a consumer complaint with us. If your consumer complaint is rejected, you are also entitled to contact with the arbitration board competent for your place of residence or place of stay: the initiation of the arbitration proceeding requires that the consumer directly attempt to resolve the dispute with the business concerned. At the request of the consumer, the competent arbitration board is that was indicated in the consumer's request instead of the competent body.

The business shall be subject to the duty of cooperation in the arbitration proceedings.

This includes the obligation for businesses to send a response to a request for the arbitration board and an obligation to appear before the arbitration board ("ensuring the presence of the person authorized to enter into a hearing").

If the company has its headquarter or registered office in a county other than that in which the chamber of the arbitration board is competent, the obligation on the business to cooperate concerns to offer the possibility of a written settlement in accordance with the consumer's requirements.

In the event of a breach of the above obligation to cooperate, the consumer protection authority has the power which provides for mandatory fines to be imposed in the event of unlawful conduct on the part of undertakings as a result of a change in the law, the fine cannot be waived.

In addition to the Consumer Protection Act, the relevant provision of the small and medium-sized enterprises act has also been amended so that no fine can be avoided in the case of a small and medium-sized enterprise.

For small and medium-sized enterprises, the fine may range from HUF 15,000 to HUF 500,000 while for non-small and medium-sized enterprises subject to the Accounting Act exceeding HUF 100 million per year, 5% of the annual net sales of the enterprise up to HUF 500 million. With the introduction of the mandatory fine, the legislator seeks to emphasize cooperation with arbitration boards and to ensure the active involvement of businesses in the arbitration proceedings.

The arbitration board is competent for the out-of-court settlement of consumer disputes. It is the task of the arbitration board to attempt to reach a settlement between the parties to resolve consumer disputes, failing which it will decide on the matter to ensure the simple, expeditious, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the business, the arbitration board shall advise on the rights and obligations of the consumer.

The arbitration board’s proceedings initiate for a request of the consumer. The request shall be submitted in writing to the chairman of the arbitration board: the written requirement may be fulfilled by letter, telegram, telegraph or telefax, or by any other means that enables the recipient to permanently store data addressed to it for a period sufficient to fulfil its purpose, and display.

The request shall include:

the consumer's name, place of residence or place of stay,

the name, registered office or place of business of the consumer involved in a consumer dispute,

where the consumer has the jurisdiction of the board applied for instead of the competent arbitration board,

a brief description of the consumer's opinion, the facts supporting it and the evidence therefore,

a statement by the consumer that the consumer has directly attempted to resolve the dispute with the business concerned

a statement by the consumer that no other arbitration board has taken action in the matter, no mediation has been initiated, no claim has been made or no request for payment order has been made,

motion for a decision of the board,

the signature of the consumer.

The application shall be accompanied by the document or a copy (extract) thereof, the content of which the consumer cites as evidence, in particular, a written statement of the business rejecting the complaint or, failing that, any other written evidence available to the consumer that he has attempted to obtain the arbitration sought.

If the consumer acts through a proxy, the request shall be accompanied by the authorization.

More information on the Arbitration Boards is available here: http://www.bekeltetes.hu

More information on the regionally competent Arbitration Boards can be found here:

https://bekeltetes.hu/index.php?id=testuletek

Contact details for each of the territorially competent Arbitration Boards: 

The Budapest Arbitration Board is exclusively competent for the resolution of cross-border disputes. 

Baranya County Arbitration Board

Address: 7625 Pécs, Majorossy I. u. 36.

Phone number: +36-72-507-154

Fax: +36-72-507-152

E-mail: abeck@pbkik.hu; mbonyar@pbkik.hu

Jász-Nagykun-Szolnok County Arbitration Board

Address: 5000 Szolnok, Verseghy park 8. III. emelet 305-306.

Phone number: +36-56-510-621, 06-20-373-2570

Fax: +36-56-510-628

E-mail: bekeltetotestulet@jnszmkik.hu

Bács-Kiskun County Arbitration Board

Address: 6000 Kecskemét, Árpád krt. 4.

 

Phone number: +36-76-501-500; +36-76-501-525, +36-76-501-523

Fax: +36-76-501-538

E-mail: bekeltetes@bacsbekeltetes.hu; mariann.matyus@bkmkik.hu

Honlap: www.bacsbekeltetes.hu

Komárom-Esztergom County Arbitration Board

Address: 2800 Tatabánya, Fő tér 36.

Phone number: +36-34-513-027

Fax: +36-34-316-259

E-mail: szilvi@kemkik.hu

Békés County Arbitration Board

Address: 5600 Békéscsaba, Penza ltp. 5.

Phone number: +36-66-324-976

Fax: +36-66-324-976

E-mail: eva.toth@bmkik.hu

Nógrád County Arbitration Board

Address: 3100 Salgótarján, Alkotmány út 9/A.

Phone number: +36-32-520-860

Fax: +36-32-520-862

E-mail: nkik@nkik.hu

Borsod-Abaúj-Zemplén County Arbitration Board

Address: 3525 Miskolc, Szentpáli u. 1.

Phone number: +36-46-501-091; +36-46-501-870

Fax: +36-46-501-099

E-mail: kalna.zsuzsa@bokik.hu

Pest County Arbitration Board

Address: 1119 Budapest, Etele út 59-61. II. emelet 240.

Mailing address: 1364 Budapest, Pf.: 81

Phone number: +36-1-269-0703

Fax: +36-1-474-7921

E-mail: pmbekelteto@pmkik.hu

Budapest Arbitration Board

Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.

Phone number: +36-1-488-2131

Fax: +36-1-488-2186

E-mail: bekelteto.testulet@bkik.hu

Somogy County Arbitration Board

Address: 7400 Kaposvár, Anna u.6.

Phone number: +36-82-501-026

Fax: +36-82-501-046

E-mail: skik@skik.hu

Csongrád County Arbitration Board

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

Phone number: +36-62-554-250/118

Fax: +36-62-426-149

E-mail: bekelteto.testulet@csmkik.hu

Szabolcs-Szatmár-Bereg County Arbitration Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Phone number: +36-42-311-544

Fax: +36-42-311-750

E-mail: bekelteto@szabkam.hu

Fejér County Arbitration Board

Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.

Phone number: +36-22-510-310

Fax: +36-22-510-312

E-mail: fmkik@fmkik.hu

Tolna County Arbitration Board

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

Phone number: +36-74-411-661

Fax: +36-74-411-456

E-mail: kamara@tmkik.hu

Győr-Moson-Sopron County Arbitration Board

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

Phone number: +36-96-520-217

Fax: +36-96-520-218

E-mail: bekeltetotestulet@gymskik.hu

Vas County Arbitration Board

Address: 9700 Szombathely, Honvéd tér 2.

Phone number: +36-94-312-356

Fax: +36-94-316-936

E-mail: vmkik@vmkik.hu

Hajdú-Bihar County Arbitration Board

Address: 4025 Debrecen, Vörösmarty u. 13-15.

Phone number: +36-52-500-710

Fax: +36-52-500-720

E-mail: korosi.vanda@hbkik.hu

Veszprém County Arbitration Board

Address: 8200 Veszprém, Radnóti tér 1. földszint 116.

Phone number: +36-88-429-008

Fax: +36-88-412-150

E-mail: bekelteto@veszpremikamara.hu

Heves County Arbitration Board

Address: 3300 Eger, Faiskola út 15.

Phone number: +36-36-429-612

Fax: +36-36-323-615

E-mail: hkik@hkik.hu

Zala County Arbitration Board

Address: 8900 Zalaegerszeg, Petőfi u. 24.

Phone number: +36-92-550-513

Fax: +36-92-550-525

E-mail: zmbekelteto@zmkik.hu

 

Copyrights

Under Article 1 (1) of Act LXXVI of 1999 on Copyright (hereinafter: Copyright Act), the Website is considered as a copyrighted work, therefore all parts of that are protected by copyright. Section 16 (1) of the Copyright Act prohibits the unauthorized use of graphics and software solutions on the Website, the use of computer software or any application that modifies the Website or any part of it. You may retrieve any material from the Website and its database even with the written permission of the rights owner, but only by referring to the Website and indicating the source. The right owner is Geek & Gorgeous Kft.

Partial invalidity, code of conduct

If any clause of the GTC is legally incomplete or invalid, the remaining clauses of the Contract will remain in effect and the provisions of the relevant legislation will apply instead of the invalid or defective part.

The Seller does not have a Code of Conduct under the Unlawful Commercial Practices Prohibition Against Consumers Act.

Operation of digital data content, technical protection measures 

The availability of servers that provide data appearing on this Website is over 99.9% per year. All data is backed up regularly, so you can restore the original data in case of a problem. The information displayed on this Website is stored in MSSQL and MySQL databases. The sensitive data is stored with an appropriate level of encryption, they are encoded with processor-based hardware support.

Relevant legislation

The Contract shall be governed by the provisions of Hungarian law, and in particular the followings:

Act CLV of 1997 on Consumer protection

Act CVIII of 2001 on certain issues of electronic commerce services and information society services

Act V of 2013 on the Civil Code

Government Decree 151/2003. (IX. 22.) on the mandatory Guarantee for certain durable consumables

Government Decree 45/2014. (II.26.) on the detailed rules of Contracts between a Business and a Consumer

NGM Decree 19/2014. (IV.29.) on the rules of procedure for the settlement of warranty and guarantee claims in respect of Consumer-Business Contracts 

Act LXXVI of 1999 on copyright 

Act CXII of 2011 on information self-determination and freedom of information 

REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)