The General Terms and Conditions (“GTC”) contain the general terms and conditions of use of European Products Store and european-products.net operated by Merops Trade and Service Limited Company as a service provider (hereinafter referred to as “Service Provider”) . Please use our services only if you agree with all points and consider it binding. This document is not filed, it is concluded only in electronic form (does not constitute a written contract), it is written in Hungarian and does not refer to a code of conduct. The English version of GTC is not official, and in case of dispute the Hungarian version shall prevail. Click here to read the official, Hungarian version. / Kattintson ide a hivatalos, magyar nyelvű verzió megtekintéséhez.
1. Details of the Service Provider
Name of the service provider: Merops Kft.
The seat of the service provider (and also the place of complaint handling) : 1084 Budapest, Tavaszmező utca 20. 2. em. 2.
Contact details of the service provider, regularly used e-mail address for contact: [email protected]
Registration number: 01-09-205143
VAT ID: 25191659-2-42
Name of the registration authority: Fővárosi Törvényszék Cégbírósága
Phone: +36 30 753-4249
Language of the contract: Hungarian (Translated to English)
Hosting Provider Details:
Name: EZIT Kft.
Address: 1132 Budapest, Victor Hugo Street. 18-22.
Email Address: [email protected]
Phone: +36 1 700 40 30
VAT ID : 23493474-2-41
Registration Number : 01-09-968191
2. Basic provisions
2.1. Issues not regulated in this Code and the interpretation of these Rules are governed by Hungarian law, with particular regard to the Act on Civil Code of 2013 Act V (“Civil Code”) and certain Issues of Electronic Commerce Services, Information Society Services. CVIII for the year. 45/2014 on detailed rules for consumer and business contracts. (II. 26.) Government Decree. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.
2.2. This Policy shall be effective from 26 June 2019 and shall remain in force until revoked. The Service Provider is entitled to unilaterally amend the Rules. The Service Provider publishes the changes 11 (eleven) days prior to their entry into force on the website. By using the website, users agree that all rules relating to the use of the website are automatically applied to them.
2.3. If a user enters the Website operated by the Service Provider or reads its contents in any way – even if he / she is not a registered user of the website, he / she acknowledges that the Rules are binding on himself / herself. If the User does not accept the terms, he / she is not entitled to view the content of the website.
2.4. The Service Provider reserves all rights to the Website, any details thereof and the content appearing on it, as well as the dissemination of the Website. It is forbidden to download, store, process and sell any content or any part of it on the website without the written consent of the Service Provider.
3. Data management rules
3.1. The Service Provider manages the personal data of the Users in accordance with the provisions of the Privacy and Data Management Prospectus, which is available on the website.
4. Range of products to buy
4.1. In the webshop, Service Provider details the product name, description, and displays a photo of the products. The images displayed on the product data sheet may be very rare, may be an illustration, but in most cases the photo represents the product offered for sale.
4.2. Products displayed can only be ordered online. The prices displayed for the products are in US dollars (USD), if the law provides for VAT payment, they include the statutory VAT, but do not include the home delivery fee. Packing costs are not charged.
4.3. If a promotional price is introduced, the Service Provider will inform the Users fully about the duration of the promotion.
4.4. If, despite all due diligence of the Service Provider, a defective price is placed on the Webshop, especially with regard to the obviously wrong, eg the Service Provider is not obliged to deliver the product at a faulty price, but may offer the delivery at the right price, which the Customer may withdraw from the purchase intention.
4.5. In the case of a defective price, there is a striking value mismatch between the true and the indicated price of the product, which an average consumer will immediately notice. Pursuant to Act V of the Civil Code of 2013 (Civil Code), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties are unable to agree on the terms of the contract, ie there is no mutually and mutually agreed statement on the will of the parties, we cannot speak of a valid contract that would give rise to rights and obligations. On this basis, an order that has been confirmed at the wrong / erroneous price is considered to be null and void.
4.6. The Service Provider makes every effort to ensure that product information is accurate, however, food products are constantly changing, including ingredients, nutritional values, dietary and allergenic ingredients. Although the product information is regularly updated, the Service Provider cannot be held responsible for any incorrect information.
5. Order Process
5.1. Customer registration is not mandatory in the webshop, the products can be ordered without registration.
5.2. The user places the selected product in the basket and is automatically redirected to the Basket page. If the User wants to add an additional product to the basket, select the “continue to buy” button. User can view the contents of the cart at any time by clicking on the “Basket” icon. If you do not want to buy more products, check the products you want to buy and their number. Click the “X” icon to delete a product from the basket. To finalize the quantity, click the “Update Basket” icon User. Once the contents of the cart are properly configured, the User will click on the “Continue to Pay” button to redirect to the “Payment” page.
5.3 On the “Payment” page, the User specifies the billing address and (if different from the billing address) the shipping address and then selects the shipping and payment method, the possible types of which are detailed in the following sections.
5.4. Payment methods:
Online Credit Card: The User has the option to pay the total value of the order online with a credit card through the secure payment system of the financial service provider used by the Service Provider. Online bank card payments are made through the Stripe system. The credit card informations do not reach the merchant.
Via PayPal: The User has the option to pay the total value of the order through a secure payment system provided by PayPal. Payments can be made through User’s PayPal account, or, if you do not have a PayPal account, you can pay by credit card details through PayPal. The credit card information does not reach the merchant.
Bank Transfer: The User has the option to pay the total value of the order by bank transfer. If the User chooses this option, the Service Provider will contact him after submitting the order and provide him / her with the necessary information for bank transfer.
5.5. Shipping Method, Shipping Fees:
After receiving the order, the Service Provider selects the delivery method that is the most suitable and economical solution for delivering the order to the delivery address. The Service Provider is contracted to DHL to FedEx and Magyar Posta, based on the order parameters, who chooses to deliver the order to the house. The delivery fee is unique for each product and can be checked by the User after the products has been added to the cart. Service Provider ships the orders Worldwide from Hungary, according to the Incoterms 2020 Delivered at Place (DAP) clause (more information). The buyer is responsible for import clearance and any applicable local taxes or import duties. The Service Provider shall not be held liable for any loss or damage caused by delays resulting from the customs clearance procedure, even in the case of perishable products.
5.6. If the webshop has a defect or defect in the products or prices, we reserve the right to the correction. In such a case, we will immediately inform the buyer of the new data after recognizing or modifying the error. The user can then confirm the order again or cancel the contract.
5.7. The total amount to be paid includes all costs based on the order summary and confirmation letter. The paper-based commercial invoice is included in the package.
5.8. After entering the data, the User can send his / her order by clicking on the “Submit Order” button, but before that you can send a comment with your order or send us an e-mail with any other request related to the order.
5.9. The User acknowledges by the order that his payment obligation arises.
5:10. Correcting Data Entry Errors: The user can always return to the previous phase before completing the ordering process, where he can correct the entered data. Details: When ordering, it is possible to view or modify the contents of the basket, if the basket does not contain the quantity you want to order, the User can enter the quantity of the quantity to be ordered in the input field in the quantity column, and then press the button “Update basket” . If you wish to delete the User from the products in the basket, click “X”. During the order, the User has the opportunity to continuously correct / delete the input.
5:11. The user receives a confirmation email within a few minutes after the order is sent. If this confirmation is not received by the User within a reasonable time, depending on the nature of the service, but not later than 48 hours after the order has been sent to the User, the User shall be exempt from the binding 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 it. The Service Provider excludes its confirmation responsibility if the confirmation does not arrive on time because the User has provided a wrong e-mail address during registration or cannot receive a message due to the saturation of the storage space of your account.
5:12. The User acknowledges that the confirmation specified in the previous paragraph is only an automatic confirmation and does not create a contract. The Contract is concluded when the Service Provider informs the User by e-mail of the details and expected fulfillment of the order after the automatic confirmation mentioned in the previous point.
6. Processing and fulfillment of orders
6.1. Orders are processed between 8:00 and 20:00 on business days. It is also possible to place an order outside the time specified for processing the order, if it is done after the end of the working time, it will be processed on the next working day. In any case, the Service Provider will electronically confirm when it can fulfill the order.
6.2. Orders will be completed within 1-3 business days from the date of the order.
6.3. On the basis of the sales contract, the Service Provider is obliged to pay the purchase price and take over the thing to transfer the ownership of the thing.
6.4. If the seller and the buyer are the consumer and the seller agrees to deliver the item to the buyer, the risk of loss will pass to the buyer when the buyer or a third party designated by the buyer takes possession of the thing. The risk of loss is passed on to the buyer when handed over to the carrier if the carrier has been assigned by the buyer, provided the carrier is not offered by the seller.
6.5. If the seller and the buyer consumer, unless otherwise agreed by the parties, the seller (according to the present GTC: the Service Provider) is obliged to provide the buyer (User) without delay, but no later than within thirty days after the conclusion of the contract.
6.6. In the event of the Service Provider’s delay, the User is entitled to set an additional deadline. If the seller fails to fulfill the deadline, the buyer is entitled to withdraw from the contract.
6.7. The User shall be entitled to withdraw from the contract without any additional time limit if:
a) the Service Provider refused to perform the contract; or
(b) the contract should have been executed at the agreed performance time, and not at any other time, as agreed by the parties or for the identifiable purpose of the service.
6.8. If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available to it, the User shall immediately inform the User and immediately refund the amount paid by the User.
7. Right of withdrawal
7.1 Under the European Parliament and Council regulation, the Consumer may withdraw from the contract within 14 days of receipt of the ordered product without giving any reason, or return the ordered product. In the absence of this prospectus, you are entitled to exercise your right of withdrawal for 1 year. If the Service Provider provides the information after the expiry of 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the deadline for withdrawal shall be 14 days from the date of notification.
7.2. Consumers may exercise their right of withdrawal by a clear statement to that effect, or by the use of the right of withdrawal specified in 45/2014. (II.26.) On the basis of the model statement set out in Annex 2 to Government Decree.
7.3. The period for exercising the right of withdrawal shall expire 14 days after the day on which the Product is taken over by the Consumer or a third party other than the carrier.
7.4. The consumer may exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
7.5. The cost of returning the product must be borne by the consumer, and the company has not undertaken to bear this cost.
7.6. In the case of exercising the right of withdrawal, the Consumer shall not incur any costs other than the cost of returning the product.
7.7. You do not have a right of withdrawal for the Consumer in the case of a non-pre-fabricated product that has been made at the consumer’s request or at the express request or for a product that is clearly customized to the consumer.
7.8. The consumer shall also not exercise his right of withdrawal: (
a) in the case of a service contract, after the service has been performed in full, if the undertaking has commenced the performance with the express prior consent of the consumer and the consumer has acknowledged that he has the right to terminate the service as a whole; lose;
(b) in the case of a product or service whose price or charge is subject to fluctuations that may not be influenced by the financial market undertaking within the time limit for exercising the right of withdrawal;
(c) perishable or of short-term quality;
(d) in the case of a sealed product which cannot be returned for health or hygiene reasons after it has been released after delivery;
(e) a product which, by its nature, is inseparably linked with another product after delivery;
(f) for alcoholic beverages the actual value of which depends on market fluctuations beyond the control of the undertaking and the price of which has been agreed upon by the parties at the time of the conclusion of the contract of sale, but only after the thirtieth day of conclusion;
(g) in the case of a contract for which the undertaking seeks the consumer’s express request for repair or maintenance work at the express request of the consumer;
(h) in the case of sealed packaged audio or video recordings and the sale of computer software, where, after the handover, the consumer has opened the packaging;
(i) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;
(j) for contracts concluded at a public auction;
(k) in the case of a contract for the provision of accommodation, transport, car hire, catering or leisure services, with the exception of housing services, where the agreed delivery date or deadline is specified in the contract;
(l) as regards digital content on non-tangible media, where the undertaking has commenced the performance with the express, prior consent of the consumer, and the consumer has, at the same time as his consent, acknowledged that he will lose his right of withdrawal after the commencement of performance.
7.9. The Service Provider shall reimburse to the Consumer a portion of the amount paid reduced to the Consumer by the amount of the transport fee paid in accordance with the above legislation upon receipt of the product return or or upon receipt of the cancellation declaration.
7:10. We will use the same payment method as the payment method used in the original transaction unless the Customer expressly consents to the use of another payment method; due to the application of this refund method, no additional costs will be borne by the Consumer.
7.11. The consumer shall not return the goods without any undue delay, but not later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider or deliver it to the Service Provider.
7.12. In case of a written withdrawal to the consumer, it is sufficient to send the cancellation notice within 14 days.
7.13. The consumer will respect the deadline if he returns or returns the product (s) before the 14-day period expires. Return is deemed to be completed within the deadline if the consumer gives up the product before the deadline expires.
7.14. The consumer only bears the original shipping cost of the product and the direct cost of returning it.
7.15. The Service Provider shall not be obliged to reimburse the Consumer for the additional costs resulting from the choice of mode of transport other than the cheapest usual mode of transportation offered by the Service Provider.
7.16. The Service Provider may withhold the refund until the goods (s) have been returned or the Consumer has provided evidence that they have returned them: the earlier date of the two shall be taken into account.
7.17. If the Consumer wishes to exercise his / her right of withdrawal, he or she may indicate this in one of the Service Provider’s contacts in writing or by telephone. When posting in writing by post, the time of posting is taken into account, and the signaling by telephone is indicated on the telephone. In the case of postage by mail, the Service Provider accepts the indication as a recommended shipment or package. You can return the ordered product by mail or courier service to the Consumer Service Provider.
7.18. The consumer shall only be liable for any depreciation resulting from use beyond the uses necessary to determine the nature, characteristics and functioning of the product.
7.19. 45/2014 on detailed rules for contracts between consumer and business. (II.26.) Government Decree is available here.
7.20. The directive of the European Parliament and the Council is available here.
7.21. You may also contact the Service Provider with any other complaint you may have on the contact details contained in this Policy.
7.22. The right of withdrawal applies only to Users who are qualified as consumers under the Civil Code.
7.23. The right of withdrawal does not apply to the enterprise, that is to say, to a person who is engaged in the exercise of his trade, profession or business.
The debtor fails to perform properly if the service does not meet the quality requirements set out in the contract or the law at the time of performance. The debtor fails to perform correctly if the creditor was aware of the error at the time of the conclusion of the contract or had to know the error at the time of the conclusion of the contract.
The contract between the consumer and the business is null and void, which deviates from the provisions of this chapter concerning warranty and warranty against the consumer.
8.1. In which case can the User exercise his right of warranty?
In the event of faulty performance of 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 are the rights of the User on the basis of the warranty claim?
The User may, at his / her discretion, claim the following warranty claims: request for repair or replacement, unless the fulfillment of such User’s choice is impossible or would cause disproportionate additional costs to the Company in relation to other needs. If you did not request or have been asked for repair or replacement, you may request a proportionate delivery of the consideration or the User may correct the defect at the expense of the company or repair it or otherwise terminate the contract. You may also switch from your chosen right of warranty to another, but the cost of the change will be borne by the User, unless it was justified or the business gave cause.
8.3. In what timeframe can you validate the User’s warranty claim?
The User is obliged to disclose the error immediately after its discovery, but not later than two months after the discovery of the error. At the same time, we would like to draw your attention to the fact that you may not enforce your warranty rights beyond the two-year limitation period after the performance of the contract.
8.4. To whom can you claim your warranty claim?
User may enforce its warranty claim against the Service Provider.
8.5. What other conditions are there for enforcing your warranty rights?
Within six months of delivery, the warranty claim is not subject to the condition of failure to provide notice, unless the User certifies that the product or service was provided by the webshop company. However, after six months of performance, the User is obliged to prove that the fault recognized by the User was already present at the time of performance.
8.6. In which case can the User exercise his product warranty rights?
In the event of a defective item (product), the User may, at his / her discretion, enforce a warranty claim or product warranty claim.
8.7. What rights does the User have on the basis of his product warranty claim?
As a product warranty claim, User may only request the repair or replacement of the defective product.
8.8. In which case is the product considered defective?
The product is defective if it does not meet the quality requirements of the product when it is placed on the market, or if it does not have the properties described in the manufacturer’s description.
8.9. In what timeframe can the User validate his / her product warranty claim?
You may enforce your product warranty claim within two years of the product being marketed by the manufacturer. At the end of this period, he will lose his entitlement.
8:10. To whom and under what other conditions can you claim your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. In the event of a product warranty claim being enforced, the Product must prove to the User.
8.11. In what case is the manufacturer (distributor) exempted from the product warranty obligation?
The manufacturer (distributor) is exempted from product liability only if he can prove that:
– the product has not been manufactured or marketed in the course of his business, or
– the defect is not recognizable at the time of placing on the market according to the state of science and technology
– a product defect results from the application of legislation or mandatory regulatory requirements.
The manufacturer (distributor) has enough reason to prove the exemption.
Please note that due to the same error, you may not enforce warranty claims and product warranty claims simultaneously. However, in the event of effective enforcement of your product warranty claim, you may enforce the warranty claim for the replaced product or repaired part against the manufacturer.
8.12. In addition, the Service Provider is not liable for any damages resulting from faulty or negligent handling, excessive use, or other than the intended use of the product after the transfer of the risk of damage, or other misuse of the products.
9. Procedure for warranty claims
9.1. In a contract between a consumer and an undertaking, the agreement of the parties to the provisions of the regulation shall not depart from the disadvantage of the consumer.
9.2. It is the duty of the consumer to prove the conclusion of the contract (with an invoice or even a receipt).
9.3. The Service Provider shall bear the costs related to the fulfillment of the warranty obligation (Article 6: 166 of the Civil Code).
9.4. The Service Provider is obliged to take a record of the warranty or warranty claim notified by the consumer.
9.5. A copy of the minutes shall be made available to the consumer without delay and in a verifiable manner.
9.6. If the Service Provider is unable to make a statement on the fulfillment of the consumer’s warranty or warranty claim, it shall notify the consumer of its position – in case of rejection of the claim and of the possibility of recourse to the conciliation body – in a verifiable manner within five working days.
9.7. The Service Provider shall keep the report for three years from the date of its adoption and present it at the request of the inspection authority.
9.8. The Service Provider shall endeavor to complete the repair or replacement within fifteen days.
10. Mixed Provisions
10.1. The Service Provider is entitled to use a contributor to fulfill its obligation. It is fully responsible for the unlawful conduct of this, as if it had committed the unlawful conduct itself.
10.2. If any part of this Code becomes invalid, unlawful or unenforceable, it shall not affect the validity, legality and enforceability of the remaining parts.
10.3. If the Service Provider does not exercise its right under the Rules, failure to exercise the right shall not be considered as a waiver of that right. Any waiver of any right shall be valid only with the express written notice to that effect. The fact that the Service Provider does not strictly adhere to one of the essential terms or conditions of the Code at one time does not mean that it will abandon its adherence to strict adherence to the given condition or clause.
10.4. Service Provider and User try to settle their disputes in a peaceful way.
10.5. The parties record that the Service Provider’s European Products Store webshop operates in Hungary and maintains it here as well. As the site can also be visited from other countries, users are explicitly aware of the fact that the applicable law in relation to the user and the Service Provider is Hungarian law. If the user is a consumer, Pp. Pursuant to Article 26 para. (1), the court of the domicile of the defendant (consumer) is exclusively competent in disputes arising from this contract against the consumer.
11. Order of complaint handling
11.1. The aim of our store is to fulfill all orders in the right quality with the customer’s complete satisfaction. If, however, the User has any complaints about the contract or its performance, you may submit your complaint by phone, e-mail or letter.
11.2. The Service Provider will immediately examine the oral complaint and remedy it as necessary. If the buyer disagrees 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 the complaint and provide a copy of the complaint to the customer.
11.3. The Service will respond in writing to the Service within 30 days. Reasons for rejecting the complaint. The Service Provider retains the record of the complaint and a copy of the response for five years and presents it to the Audit Authorities upon request.
11.4. Please be informed that, if your complaint is rejected, you may initiate the proceedings of an authority or conciliation body with your complaint, as follows:
11.5. The Consumer may lodge a complaint with the Consumer Protection Authority:
Decree 387/2016 on the designation of the Consumer Protection Authority. (XII. 2.) on the administrative matters of public administration, the district office and the county office of the county seat, and the Pest County Government Office on the other. Contact information for district offices: http://jarasinfo.gov.hu
11.6. In the event of a Consumer Complaint, you have the opportunity to turn to a conciliation body, the contact details of which can be found at: http://www.fogyasztovedelem.kormany.hu/node/8579
11.7. The jurisdiction of the conciliation body is to settle the consumer dispute out of court. It is the task of the conciliation body to try to establish a settlement between the parties for the purpose of settling the consumer dispute, in case of ineffectiveness, to make a simple, quick, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall advise on the consumer’s rights and obligations on the consumer.
11.8. In the event of a cross-border consumer dispute related to an online sales or online service contract, only the conciliatory body operating next to the Chamber of Commerce and Industry in the Capital is competent.
11.9. In the event of a Consumer Complaint, you may use the EU Online Dispute Resolution Platform. Using the platform requires a simple registration in the European Commission system by clicking here . Then, after logging in, the consumer can submit a complaint via the online website: http://ec.europa.eu/odr
11:10. The service provider is subject to the duty of cooperation in conciliation proceedings. In that context, he must send his reply to the conciliation body and ensure the participation of the person authorized to conclude the hearing. Where the registered office or place of business of the undertaking is not registered in the county of the conciliation body operating the territorially competent conciliation body, the obligation of cooperation of the undertaking shall include the possibility of a written agreement corresponding to the consumer’s demand.
11:11. If the consumer does not turn to a conciliation body or the procedure has failed, the consumer has the right to apply to a court to settle the dispute. The lawsuit must be instituted with a claim form. The application must be accompanied by the document or a copy of the document to which it refers as evidence.
12.1. After european-products.net, as a web site, is a copyrighted work, it is prohibited to download (duplicate), redistribute, re-use, otherwise store, store, process, and sell any content on the website, without the written consent of the Service Provider.
12.2. Any material from the european-products.net web site and its database can only be received with the written consent of the website.
12.3. The Service Provider reserves all rights to all elements of its service, domain names, secondary domain names, and Internet advertising spaces.
12.4. It is forbidden to adapt or decrypt content or parts of the website of european-products.net; setting up user IDs and passwords in an unfair manner; to use any application that modifies or indexes the european-products.net website or any part thereof.
12.5. European Products Store is protected by copyright and may be used only with the written consent of the Service Provider except european-products.net.
12.6. The User acknowledges that in the case of unauthorized use, the Service Provider is subject to a penalty. The penalty is a gross HUF 50,000 per photo, and a gross HUF 10,000 per word. The user acknowledges that this penalty is not excessive and that he is browsing the site with this in mind. In the case of a copyright infringement, the Service Provider uses a notarial fact certificate, the amount of which is also passed on to the infringing user.
Budapest, June 26, 2019