Terms of purchase

The present Terms of Purchase contains the contractual terms and conditions of the fulfilment of the orders placed via the web shop operating under the www.exxer.hu domain. By virtue of Your purchase via the web shop You acknowledge that You have understood and thereby agree with the provisions of the present Terms of Purchase. If You do not agree with it please kindly cancel Your purchase!

The owner and operator of the web shop is exxer.hu Kft. (Company registration number: 01-09- 065144, Official seat: H-1011 Budapest, Fő utca 14-18. block B. floor 3., Tax number: 10311480-2-41), hereinafter referred to as exxer.hu.

 

Details of the data processing company (storage provider) utilized for data management:

Rufftech Kft.

Official seat: H-7300 Komló, Munkácsy Mihály u. 84.,

Office: H-1114 Budapest, Orlay u. 2/b.,

email: info@rufftech.hu.,

tel.: +36 1 321 7361

 

Contact details of the exxer.hu customer service: info@exxer.hu

 

Information about the contracting conditions

exxer.hu serves only persons of legal age (18 years in Hungary) and with legal capacity. By accepting the present Terms of Purchase customer hereby declares that she/he is of legal age. The language of the contract is Hungarian; Pursuant to Act CVIII of 2001 on Electronic Commerce and Information Society Related Services the concluded agreement is deemed to be made in writing as the parties agreed upon that the communication between exxer.hu and the e-mail address of the customer enlisted in the customer’s registration or ordering details is considered to be written communication between them. The contract will not be filed.

 

Product selection

The customers can select and order form the products of the web shop. By clicking to the selected product the customer will see a more detailed description of the product, exxer.hu does not take any liability for this information. Upon Your intention to purchase, by clicking on the “Kosárba” (“to the basket”) button You put the item into a virtual shopping basket. By clicking the “Megtekintés” (“view basket”) button You will find the products put into the shopping basket so far together with the final amount of the invoice and the delivery cost. Here You can check the adequacy of You order with special regard to the price and quantity which You can also change or correct if needed. The basket automatically calculates the final sum of the order.

 

Sending the order

If You are satisfied with the quantity of the product put into the basket and checked the total amount and decided to buy them then just simply click the “Pénztár” “Cash register” button. After that You can select to sign in as a registered customer or You wish to register as a new customer, or You wish to purchase without registration.

If You made previous purchases in the web shop then please provide Your e-mail address and password You used for the registration previously. If You wish to register as a new customer please provide Your data necessary for the purchase. The data will be stored int he system and when You purchase again You will only have to sign in. If You wish to purchase without registration please provide Your billing and delivery address.

In the next step please select the delivery and payment method. If You agree with the contents of Your order click the “Megrendelés” (“Order”) button to place Your order.

 

Ordering process, change, cancellation

Pursuant to Act CVIII of 2001, exxer.hu sends notification about receiving the order immediately after the customer placed an order, based on which a delivery (sales-purchase) contract is entered into by and between the customer and exxer.hu, to which the customer’s order and the confirmation thereof and the present Terms of Purchase are applicable. By placing the order customer accepts the terms and conditions of the sales-purchase contract entered into accordingly.

If such notification is not received by the Customer in 48 hours the customer is not bound to his/her offer.

If the notification does not specify the estimated delivery date another notification will be sent.

Until the initiation of the fulfilment of the order exxer.hu enables the customer to cancel his/her order via e-mail. At the time of the initiation of the fulfilment of the order the customer receives a notification via e-mail or on telephone about the expected time period of the fulfilment and also on the fact of the initiation of the fulfilment. Following that the customer may only cancel the order in person or via any of the contact details enlisted under the "Vevőszolgálat" (“Customer Service”) or "Elérhetőségek" (“Contacts”) in the menu.

Subsequent modification of the order can be done via e-mail, which is considered as written notification.

 

Prices

Our prices are the ones on our price list valid at the time of the order. You can find them at www.exxer.hu next to our products. The prices are gross prices with VAT, however the prices do not contain the delivery costs. The delivery costs can be found either before the confirmation of the order in the cash register process and also herein the present Terms of Purchase. The prices are of informative nature. In case any failure or defect occurs at the web shop in connection with the products or prices we reserve the right to correct them. In such cases we immediately inform our customers about the new data after the identification and/or the modification of the failure. The customer can re-confirm the order following that and both parties are entitled to withdraw from the contract.

 

Processing the orders

The processing of the orders is carried out within 24 hours on working days.

 

Possibility to correct data input errors

The customer can correct the data input errors prior to clicking on the “Megrendelés” (“Order”) button.

 

Payment conditions

You can pay c.o.d. (cash on delivery) and via bank card on our online platform. In case of c.o.d. the total purchase price together with the delivery costs shall be paid upon delivery to the courier.

exxer.hu applies electronic invoicing. By agreeing the present document You give Your irrevocable consent to exxer.hu to issue and receive electronic invoices in accordance with paragraph b) of subsection (3) of Article 175 of Act CXXVII of 2007 on Value Added Tax.

 

Delivery

The delivery of the purchased products is carried out by courier service. The web shop informs the customer about the product delivery time during the cash register procedure and it is also contained in the confirmation e-mail. You may consult on the date of delivery on the telephone number provided in the confirmation e-mail.

 

Withdrawal from delivery

exxer.hu reserves the right to withdraw the delivery if it does not fulfil its contractual obligations because the product specified in the contract is unavailable, or it is incapable to provide the service rendered. In such case exxer.hu informs the customer thereupon and gives refund in the amount of the already paid purchase price or – depending on the customer’s declaration – counts in other orders of the customer.

 

Product return

We accept returned products only in their original condition and – if possible – in original packaging, in complete condition in terms of quantity and quality.

 

Warranty

In case of warranty, during the warranty period exxer.hu shall be liable for defective performance according to the warranty card or in accordance with the conditions laid down in the legal regulations. The warranty does not affect the customer’s rights specified by legal regulations (Such as regarding e.g. the liability for defects). exxer.hu shall be exempted from this warranty obligation if it proves that the cause of the defect occurred after the fulfilment.

One year warranty period applies to new durable consumer goods sold under a contract with a customer who qualifies as a consumer and enlisted in Annex 1 of Government Decree No. 151/2003 on the Mandatory Warranty Applicable to Certain Durable Consumer Goods. The warranty claim can be exercised until the end of the warranty period. Failure to meet the deadline results in the loss of the right.

The customer may raise the claim together with the warranty card enclosed with the product or, if no such warranty card was issued, by presenting the invoice.

 

Liability for defects

exxer.hu is liable for defective performance if - at the time of the fulfilment - the product purchased by the costumer does not meet the quality criteria specified in the contract or by the legal regulations.

The performance is non-defective if the costumer was aware of the defect at the time of the conclusion of the contract or the costumer should have been aware of the defect at the time of the conclusion of the contract.

exxer.hu shall be liable for defective performance. The consumer’s claim related to defective performance can be exercised within two years as from the date of the performance, while other users’ claims, who do not qualify as consumers may exercise their claims within one year as from the date of the performance.

If the product is a used item, the limitation period is one year. The costumer is obliged to communicate the identified defect without any delay. In case of a consumer’s claim, the defect shall be deemed to be communicated immediately within two months as from its identification. The costumer shall be liable for any damages resulting from the delayed communication.

Within the frame of defective performance – upon the costumer’s sole discretion – in line with the provisions of the Hungarian Civil Code – the costumer may (i) first request repair or replacement, (ii) secondly request proportionate decrease of the consideration (discount), or (iii) - except for insignificant defects – withdraw from the contract.

The costumer may change the selected method of exercising its right against defective performance. The costumer shall pay for the costs related to such change unless the change resulted due to causes attributable to the exxer.hu or the change was otherwise reasonable.

 

Implied warranty

The provisions of this section shall be applied in case of consumer contract only.

The product has defect and therefore falls under implied warranty conditions if it does not meet the quality requirements being in force at the time of its introduction to the market by the manufacturer or it does not have the features described in the specification provided by the manufacturer.

If the product sold by exxer.hu to the costumer is defective the costumer may claim the manufacturer (The manufacturer and the distributor of the product qualifies as manufacturer) to repair the defect of the product or – if the repair is impossible within an appropriate deadline without harming the costumer’s interests – to replace it.

The manufacturer is liable for the implied warranty for two years as from the product’s entry into the market. The lapse of this term results in the loss of this right.

The manufacturer shall be exempted from the implied warranty obligation if it proves that (i) the product was manufactured or distributed outside the scope of its business activity or individual profession, (ii) the defect was unidentifiable according to the state of science and technology at the time of the marketing of the product; or (iii) the defect of the product was caused by legal regulation or mandatory authority decision.

Following the identification of the defect the consumer shall immediately communicate the defect. Any defect communicated within two months as from its identification shall be deemed as one communicated without delay. The costumer shall be liable for all damages resulting from the delayed communication of the defect.

 

Right of withdrawal from the purchase

If the costumer qualifies as consumer he/she is entitled to exercise his/her right of withdrawal from the contract pursuant to subsection (1) of Article 20 of Government Decree No. 45/2014 on the Detailed Conditions of Contracts Between Consumer and Enterprises.

The consumer may withdraw from the contract in his/her declaration sent by post or via e-mail sent to the customer service of exxer.hu containing clearly his/her intention to withdraw from the contract.

The declaration shall be made by the consumer within 14 days after receiving the product without any reasoning.

In order to exercise the right of withdrawal the consumer may also use the template declaration below. It is not mandatory (optional) to provide Your bank account number to exercise the right of withdrawal form the contract, however, we kindly ask You to always do so and – if possible- please also provide the order number of the product affected by the withdrawal as well as the description of the identified defect!

 

Template Declaration form to withdraw from the contract

(Complete and send us back only in case of withdrawal from the contract)

Recipient:

I (We), the undersigned declare that I (we) hereby exercise my (our) right of withdrawal with regard to the contract of sale-purchase of the product(s) below or to the contract of rendering the services below:

Date of contract /date of delivery:

Order No. of the product (optional):

Name(s) of consumer(s):

Address(es) of consumer(s):

Consumer bank account number (optional):

Note / description of defect (optional):

Signature(s) of the consumer(s): (Only in declarations made in writing)

Date”

 

If the customer who qualifies as consumer withdraws from the contract he/she shall bear all costs related to the returning of the product.

The reimbursement of the purchase price is made via bank transfer for which exxer.hu requests the consumer to provide his/her bank account number with regard to the fact that the bank transfer means faster and more cost-efficient payment method for the consumer than other payment methods used for paying for the product. The refund is always made after the receipt of the returned product affected by the withdrawal.

The product shall be sent back to the postal address of exxer.hu within 14 days as from the date of the declaration communicating the withdrawal at the latest. The deadline shall be considered as met with if the product arrives within 14 days. The product can only be returned by courier or by post. You cannot personally return a product.

 

The consumer is liable only if the product suffered depreciation due to the fact that it was used otherwise than its intended use according to its nature, features and operability.

The refund can be withheld by exxer.hu as long as it does not receive the product or until the consumer does not justify that he/she has returned it: The earlier date shall be observed between the two.

The right of withdrawal cannot be exercised related to the products distributed by exxer.hu

  1. in case of non-prefabricated product which was produced according to the instructions of the consumer or upon his/her expressed request which was evidently tailored to the consumer,

  2. with respect to such product with sealed package that cannot be returned after opening following the delivery due to hygienic or health safety reasons,

  3. in the scope of contracts concluded with costumers who do not qualify as consumers, or contracts concluded for economic or professional activity, and

  4. other cases specified by legal regulations.

 

Ownership clause

The delivered product shall remain in the ownership of the supplier until the full payment of the purchase price. During the faulty, not accepted orders the product is recorded in our stock under the name of the “new” owner and the consideration will be paid to the new owner after the successful sale of the product!

 

Limitation of liability

When shopping at the exxer.hu website the customer is aware of the possibilities and limits of the Internet and accepts them with special regard to the technical capacity of the Internet and the possibly defects thereof.

Therefore, exxer.hu excludes its liability for the following, occurred by whatever reason:

  • The non-arrival of any data sent or received through the Internet or any change in it thereof,

  • Defect of any nature incurring in the Internet network,

  • telecommunications failure,

  • Software bug, or any technical problem either hardware or on any other device

Furthermore exxer.hu shall not be liable for any direct or indirect damage incurred as a result of the visit at the www.exxer.hu website.

The customer shall have full and unlimited liability for the damages resulting from the provision or publication of his/her personal data.

 

Data management

When You visit the www.exxer.hu website Your personal data can be subject to data management, processing and use according to the data management conditions set forth in another document.

 

Complaints management

The e-mail address of the customer service of exxer.hu provided in the present document serves for lodging complaints and to contact with exxer.hu.

exxer.hu receives the customer complaints only in writing to the e-mail address above. The telephone contact only provides help to lodge Your complaint.

The consumer complaint lodged accordingly will receive a unique identification number from exxer.hu and – in the absence of any legal regulation that would prescribe otherwise –will be answered by exxer.hu within 30 days the latest.

The complaint must contain the name, address of the complainant the description of the complaint and other data prescribed by the legal regulations. exxer.hu must provide reasoning for its statement rejecting the complaint and furthermore it must call the attention of the customers to options of legal remedy.

In case of consumer complaint You may contact the competent mediatory body according to the official seat of exxer.hu:

Budapest Mediatory Body:

H-1016 Budapest, Krisztina krt. 99. floor III room no. 310.

Postal address: H-1253 Budapest, Pf.: 10.

E-mail address: bekelteto.testulet@bkik.hu , onlinevita@bkik.hu

Fax: 06 (1) 488 21 86

Telephone: 06 (1) 488 21 31

In case of cross-border consumer dispute the mediatory body attached to the Budapest Chamber of Commerce and Industry has the exclusive jurisdiction via the online dispute-settlement platform accessible after registration.

The online dispute-settlement platform: http://ec.europa.eu/odr

In case of further questions related to cross-border dispute resolution You may request further information from the Budapest Dispute Resolution Body.

Consumers may turn to the district office with territorial competence. More information on the contact details of the competent district offices can be found at http://jarasinfo.gov.hu/. The Pest County Government Office has nationwide competence in second instance.

 

Copyright

Any and all content available at the www.exxer.hu website, related mark, software, data (hereinafter collectively referred to as: the content) is the intellectual property of the owner of the www.exxer.hu website, the exxer.hu Kft. (exxer.hu Ltd.), or it has the rights owner’s permission to publish such content.

The content of the www.exxer.hu website is protected by the law!

 

The visitors of the content, the users of exxer.hu may utilize the content of the www.exxer.hu website only upon the prior written consent of the rights owner exxer.hu.

Links directing to the pages and sub-pages operated by exxer.hu can be placed without the prior written consent of exxer.hu. The link may only direct to the full page.

It is prohibited to put a link that makes the impression that any website of exxer.hu or the content thereof would directly or indirectly refer to any other website or its content or what would appear as part of such.

 

Amendment

exxer.hu reserves the right to amend the present document at any time. In case of the modification of the present document the modified provisions enter into effect on the day of their publishing at the www.exxer.hu website.

 

English version

The present English translation of the original Terms of Purchase in Hungarian language is only for information purposes. In case of any deviation between the text of the Hungarian and the English language version the original Hungarian version shall prevail.

 

 

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