ALTANURA Ltd.
GENERAL TERMS AND CONDITIONS
| 1. | SCOPE OF APPLICATION |
| 1.1. | These general terms and conditions (hereinafter referred to as "GTC") shall apply to all sales contracts (hereinafter referred to as "Contract") concluded by ALTANURA Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered office: 2071 Páty, Nyírfa utca 13., company registration number: 13-09-218989; tax number: 27786062-2-13; Community tax number: HU27786062; e-mail address: ; telephone: +36-30-825-53-91) as seller (hereinafter referred to as "Seller") and by the buyer (hereinafter referred to as "Buyer") who orders a product (hereinafter referred to as "Product" or "Products") from the Seller. |
| 1.2. | The Buyer, by accepting the Seller's offer, expressly acknowledges that the Seller has given him the opportunity to have a preliminary acquaintance with the contents of the GTC, which the Buyer accepts in full together with the offer, and which therefore becomes part of the Contract between the parties. |
| 1.3. | In matters not covered by a separate agreement between the parties, these GTC shall prevail. |
| 2. | THE CREATION OF THE CONTRACT |
| 2.1. | Because of the Contract between the parties is concluded by using electronic channels such as email or equivalent other individual channels of communication, it is therefore not subject to the rules of electronically concluded contracts. |
| 2.2. | After Buyer and Seller have agreed, using a personal channel of communication, on the characteristics of the Product that Buyer wishes to purchase, Seller will send to Buyer an email, which will constitute a written offer, containing at least (i) Buyer's details; (ii) details of the Product; (iii) basic payment terms; (iv) basic delivery terms; and (v) a reference to these GTC. |
| 2.3. | The Contract is concluded between the parties if Buyer accepts the offer of the Seller sending an email reply which confirms the Buyer's intention to purchase. The sales contract thus concluded between the parties shall be deemed to be a written contract. |
| 3. | PAYMENT AND INVOICING |
| 3.1. | After the conclusion of the Contract, the Seller shall issue a proforma invoice to the Buyer for an amount equal to 70% of the total purchase price of the Product, with a payment term of 5 (five) days. Buyer and Seller may deviate from this percentage by mutual agreement. |
| 3.2. | The Buyer acknowledges that the Seller shall only be obliged to start the production of the Product after the first instalment of the purchase price has been credited to the Seller's bank account indicated on the proforma invoice. Thereafter the Buyer shall not be entitled to withdraw from the Contract. |
| 3.3. | Within a maximum of 12 to 14 weeks after the commencement of production of the Product, the Seller shall notify the Buyer by e-mail of the completion of the Product ("Completion Report"). Thereafter, the Buyer shall transfer the remaining 30% of the purchase price to Seller’s bank account within 5 (five) days of the date of the Completion Report. |
| 3.4. | At the same time as the Notice of Completion, the Seller shall inform the Buyer of the amount of the freight charge calculated on the basis of the delivery address provided by the Buyer, which the Buyer shall pay to the Seller by bank transfer together with the second instalment of the purchase price, unless the Buyer arranges the delivery himself or unless the expected amount of the delivery has already been charged in the invoice. In the event of a delay in payment by the Buyer of more than 30 (thirty) days, the Seller shall be entitled to withdraw from the Contract between the parties. |
| 3.5. | The Customer is obliged to take great care to provide correct customer data when placing the order. The Customer is obliged to check the data on the (proforma) invoice as soon as possible after receipt. |
| 3.6. | All costs incurred by the Buyer in connection with the payment of the purchase price of the Product, including but not limited to transaction fees and the cost of transferring money from a bank account not held in Hungary, shall in any case be borne by the Buyer. |
| 3.7. | Payment is deemed to have been made when the amount is credited to the Seller's bank account. |
| 4. | TRANSPORT AND ASSEMBLY |
| 4.1. | The Buyer is responsible for arranging the delivery and for any customs clearance, in which the Seller may assist at the Buyer's request. Seller's liability is excluded in the event of delay in delivery or damage or loss of the Product during shipment, but Seller will, at Buyer's request, assist in arranging insurance for the shipment or in full delivery as well. |
| 4.2. | Shipping costs are not included in the purchase price of the Product. Shipping costs, carriage insurance, any customs duties or sales taxes are in all cases borne by the Buyer, however, by mutual agreement, the Seller may provide full assistance in arranging these. |
| 4.3. | The Product shall be assembled at the delivery address specified by Buyer under the direction and supervision of Seller's agent, contractor, employee or other contributor (hereinafter referred to as "Supervisor"). This service shall be provided free of charge to Buyer. |
| 4.4. | The purchase price of the Product does not include the assembly fee. The Products can be assembled by anyone, but the Seller will be happy to assist the Buyer at the Buyer's request. |
| 4.5. | The Buyer shall provide the Supervisor with a minimum of two (2) persons at the assembly site, at a time agreed in advance with the Seller, for a maximum of four (4) hours per Product, to assist the Supervisor in the assembly of the Product according to the instructions of the Supervisor, if the Buyer has not requested (purchased) assembly services from the Seller. |
| 4.6. | If the Buyer is not able to provide 2 (two) persons to the Supervisor, it shall notify the Seller in advance. In this case, the Seller shall arrange for the availability of 2 (two) persons to assist in the assembly for a fee agreed in advance with the Buyer. Seller may, at its individual discretion, provide assembly services free of charge to Buyer. |
| 4.7. | If the Buyer encounters any obstacle in the circumstances of the pre-arranged assembly, the Buyer shall notify the Seller immediately, but no later than 3 (three) days before the date of assembly. |
| 4.8. | If the Buyer fails to comply with the notification obligation set out in clause 4.7 above and, as a result, or for any other reason within the control of the Buyer, the assembly of the Product at the agreed place and time fails, the Buyer shall compensate the Seller for all damages incurred, including travel expenses, loss of profit and other consequential damages. |
| 5. | AN EXCEPTION TO THE CONSUMER'S RIGHT OF WITHDRAWAL |
| 5.1. | The Product shall be deemed to be non-prefabricated goods which the Seller produces on the instructions of the Buyer or at the express request of the Buyer in accordance with the Buyer's own requirements. |
| 5.2. | With regard to the provisions of Section 5.1. above, Act V of 2013 on the Hungarian Civil Code (hereinafter: "Civil Code"), in accordance with the law of the European Union, Section 8:1., Buyer (hereinafter referred to as the "Consumer") shall not be entitled to the right of withdrawal without justification for fourteen days in accordance with the exception rule set out in Section 29 (1) (c) of Article 29 (1) of Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses. |
| 6. | WARRANTY |
| 6.1. | In the event of defective performance by the Seller, the Buyer may assert a claim for warranty against the Seller in accordance with the provisions of the Civil Code. |
| 6.2. | The Buyer may, at his option, make the following warranty claims: - Request repair or replacement, unless the request of the Buyer's choice is impossible to fulfil or would involve disproportionate additional cost to the Seller compared to the fulfilment of the Buyer's other potential requests; - May request a proportionate reduction of the consideration, or may terminate the Contract, as a last resort, if the Seller has not undertaken to repair or replace the defect, and cannot do so within a reasonable time to the prejudice of the Buyer. No cancellation shall be made for minor defects. |
| 6.3. | The Buyer who is a Consumer may not, in the exercise of his/her rights under the warranty, repair the defect himself/herself or have it repaired by another person at the Seller's expense. |
| 6.4. | The Buyer may switch from one warranty right to another, but the cost of the switch shall be borne by the Buyer, unless it was justified or the Seller gave a reason for it. |
| 6.5. | The Buyer who is not a consumer must notify the Seller of the defect without delay after its discovery. However, after the limitation period of 1 (one) year from the date of performance of the contract, the non-consumer Buyer may no longer enforce his rights to claim for any defects. |
| 6.6. | The Consumer shall notify the Seller of the defect immediately after its discovery, but not later than 2 (two) months after the discovery of the defect. However, the Consumer may no longer enforce his rights to claim for defects after the expiry of the limitation period of 2 (two) years from the date of performance of the contract. |
| 6.7. | Unless proven otherwise, a defect discovered within 1 (one) year of the date of performance of the Product shall be presumed to have existed at the date of performance of the Product, unless such presumption is incompatible with the nature of the Product or the nature of the defect. |
| 6.8. | The Consumer is also entitled to claim a proportionate reduction of the consideration or to terminate the sales contract, depending on the seriousness of the breach of contract, if a) the Seller has not carried out the repair or replacement, or has carried out the repair or replacement but has failed to comply, in whole or in part, with the conditions for putting the replaced or repaired Product into service; b) a repeated failure to perform has occurred, despite the Seller's attempts to bring the Product into conformity with the contract; c) the defect is of such gravity as to justify immediate price reduction or immediate termination of the sales contract; or d) the Seller has not undertaken to bring the Product into conformity with the contract, or it is clear from the circumstances that the Seller will not bring the Product into conformity with the contract within a reasonable time or without significant detriment to the Consumer. |
| 6.9. | The reasonable period of time for repair or replacement of the Product shall be calculated from the date on which the Consumer notified the Seller of the defect. The Consumer must make the Product available to the Seller in order to complete the repair or replacement. |
| 6.10. | The Seller shall ensure the return of the replaced Product at its own expense. If the repair or replacement requires the removal of a Product that had to be installed, the Seller's obligation shall include a) remove the defective Product and install the replaced or repaired Product; or b) the costs of removal and installation. |
| 6.11. | If the Consumer terminates the contract of sale in whole or in part in respect of the Products supplied under the contract of sale, a) the Consumer must return the affected Product to the Seller at the Seller's expense; and b) the Seller must refund the purchase price paid for the Product immediately after receiving of the Product or of the certificate of return of the Product. |
| 7. | PRODUCT WARRANTY |
| 7.1. | In the event of a defect in a Product sold by the Seller to the Consumer, the Consumer may claim from the manufacturer, producer or distributor of the Product (hereinafter collectively referred to as the "Manufacturer") to repair the defect or, if repair is not possible within a reasonable time without prejudice to the interests of the Consumer, to replace the Product. |
| 7.2. | A Product is defective if it does not meet the quality requirements in force when the Product was placed on the market by the Manufacturer or if it does not have the characteristics described by the Manufacturer. |
| 7.3. | The Manufacturer is exempted from the product warranty if it proves that - The defect was not detectable by the state of science and technology at the time the Product was placed on the market; or - The Product's defect was caused by the application of a law or a mandatory regulation. |
| 7.4. | In the case of replacement, the Manufacturer is liable for the replaced Product, and in the case of repair, for the part of the Product affected by the repair. |
| 7.5. | The Consumer shall notify the Manufacturer of the defect without delay, but no later than 2 (two) months after the discovery of the defect. The Consumer shall be liable for any damage resulting from the delay in notification. |
| 7.6. | The Manufacturer is liable for the Product Warranty for 2 (two) years from the date of placing the Product on the market. |
| 8. | GUARANTEE |
| 8.1. | In the event of defective performance, the Seller shall be obliged to provide a guarantee for certain products ordered for permanent consumption pursuant to the Civil Code and Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods. The Seller shall be released from his guarantee obligation only if he proves that the cause of the defect arose after performance. |
| 8.2. | The guarantee does not apply to defects which are caused after the product has been delivered to the Consumer. Accordingly, no guarantee claim may be made if, for example, the defect is caused by - incorrect storage, incorrect handling, damage, - misuse or failure to follow the instructions in the instructions for use, - sharp objects, corrosive liquids or dyes incompatible with the intended use, - improper installation (unless the installation was carried out by the Seller or his agent, or the improper installation is due to a fault in the instructions for use), - damage caused by natural disaster or natural catastrophe, - fracture, or - lack of maintenance. |
| 8.3. | The guarantee covers new consumer durables sold under a contract between the Consumer and the Seller, listed in Annex 1 of Government Decree 151/2003 (22.IX.2003) (hereinafter referred to as "Consumer Goods"). The Seller may, at its discretion, provide a guarnatee for an extended period for certain Consumer Articles or to businesses on the basis of an individual agreement between the parties. |
| 8.4. | The rights arising from the guarantee can be exercised by means of the guarantee voucher within the following period: 3 (three) years. Failure to comply with these deadlines shall result in the loss of rights, with the proviso that, in the event of repair of the Consumer Article, the guarantee period shall be extended from the date of delivery for repair by the time during which the Consumer was unable to use the Consumer Article as intended due to the defect. |
| 8.5. | In the absence of a guarantee voucher, the rights arising from the guarantee may also be enforced by presenting proof of payment of the price of the Consumer Goods, i.e. an invoice or receipt issued in accordance with the VAT Act. |
| 8.6. | The Seller must keep a record of the consumer's guarantee claim notified to him. The report must be accompanied by documents supporting the Buyer's claim that the Seller has failed to fulfil his obligations, in particular photographs showing the defective Product. |
| 8.7. | The Consumer may also make a guarantee claim directly at the Seller's head office, any premises, branch or repair service indicated by the Seller on the guarantee ticket, at the Seller's option. |
| 8.8. | Consumer goods which are fixed, or which weigh more than 10 kg or which cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the repairer. |
| 8.9. | The Consumer may switch from one guarantee right to another. He shall pay the Seller the costs incurred by the switch, unless the switch was justified by the Seller or otherwise justified. |
| 8.10. | The company must aim to carry out the repair or replacement within a maximum of 30 (thirty) days. If the repair or replacement takes longer than 30 (thirty) days, the business must inform the Consumer of the expected time for the repair or replacement. The information shall be provided, with the prior consent of the Consumer, by electronic means or by any other means capable of evidencing receipt by the Consumer. |
| 8.11. | If during the guarantee period set out in clause 8.4 above, the first repair of the Consumer Goods by the Seller during the guarantee period, it is determined that the Consumer Goods cannot be repaired, the Seller shall replace the Consumer Goods within thirty (30) days, unless otherwise agreed by the Consumer. If the replacement of the Consumer Goods is not possible, the Seller shall reimburse the Consumer within 8 (eight) days the purchase price indicated on the receipt or invoice issued by the Consumer pursuant to the VAT Act, which is the proof of payment of the consideration for the Consumer Goods. |
| 8.12. | If during the guarantee period set out in clause 8.4 of the GTC above, the Consumer Article fails again after being repaired 3 (three) times, unless otherwise agreed by the Consumer, and if the Consumer does not request a proportionate reduction of the purchase price and the Consumer does not wish to have the Consumer Article repaired or replaced at the Seller's expense, the Seller shall replace the Consumer Article within 30 (thirty) days. |
| 8.13. | The Seller may also provide the guarantee ticket to the Consumer electronically. A document delivered to the Consumer electronically may be accepted as a guarantee voucher if its content also complies with the legal requirements for guarantee vouchers. The Seller shall deliver the guarantee ticket by electronic means no later than the day following the delivery or installation of the Consumer Article. If the Seller does not provide the guarantee card as an electronic document by direct delivery, but makes it available to the Consumer in the form of a downloadable address, the Seller may not terminate the downloadability of the electronic guarantee card until the end of the guarantee period, but must ensure the availability of the downloadable address. The Seller shall be obliged to provide the guarantee ticket by electronic means no later than the day following the delivery or installation of the Consumer Article. |
| 9. | INTELLECTUAL PROPERTY RIGHTS |
| 9.1. | The entire content of the Seller's website (https://altanura.com; hereinafter referred to as the "Website"), in particular the data, information, images, descriptions, texts, graphics, as well as the design, layout and structure of the Website, the implementation of the individual functions, is the exclusive property of the Seller or the Seller has the right to use them and as such are protected by copyright. Any use thereof without the prior written consent of the Seller shall infringe the Seller's copyright and shall entail legal consequences. |
| 9.2. | The parties acknowledge that the Seller is the exclusive owner of the European Union word trademark 018674357 (filing date 18.03.2022) and the European Union figurative trademark 018674660 (filing date 18.03.2022). The Buyer does not acquire any right to use the Seller's trademarks in any form by purchasing the Product. |
| 10. | FORCE MAJEURE |
| 10.1. | The parties shall not be liable for failure to perform their obligations if such failure is due to any external circumstance beyond the control of the defaulting party, in particular, but not limited to a natural disaster, national or industrial strike, riot, civil commotion, war, act of terrorism, bankruptcy or liquidation of a supplier, cessation or stoppage of production, significant unforeseen circumstances or impediments to transportation, expropriation, seizure or sequestration by any government or public authority, pandemic, epidemic (including the imposition of curfews and restrictions caused by the SARS-CoV-2 virus), or other similar circumstances (hereinafter: "Force Majeure"). |
| 10.2. | Deadlines which were prevented from being met because of the event or circumstance of force majeure are extended by the duration of the force majeure. This shall be subject to the condition that the Party affected by the impediment immediately notifies the other Party in writing of the Force Majeure and its expected duration. |
| 11. | LIMITATION OF LIABILITY |
| 11.1. | The unpacking of the Product delivered to the delivery address indicated by the Buyer may only be unpacked in the presence of the Supervisor. If the unpacking is not carried out in the simultaneous presence of the Supervisor, the Seller excludes all liability for any defects in the quality or quantity of the Product to the maximum extent permitted by law. |
| 11.2. | The Seller shall not be liable for any damage resulting from the conduct of 2 (two) persons provided by the Buyer to the Supervisor or from the failure to follow the Supervisor's instructions during assembly. |
| 11.3. | In no event shall the Seller be liable for any damages resulting from natural wear and tear, faulty, negligent or improper use, or abnormal or unnatural use of the Product. |
| 11.4. | The Seller excludes any liability for any damage resulting from Force Majeure. |
| 11.5. | The prices shown on the Website and in the Seller's public price lists and product catalogues are for information purposes only. The Seller disclaims any obligation to make an offer in relation to them. The final purchase price of the Product shall be agreed between the parties in the course of their negotiations by means of individual communication. |
| 12. | COMPLAINT HANDLING |
| 12.1. | The Seller treats all feedback seriously and aims to resolve complaints made by Customers as quickly and efficiently as possible in a friendly manner. Therefore, the Seller will make every effort to settle disputes and disagreements between the Seller and the Customers amicably, without the involvement of a court or authority. Should the Buyer nevertheless have any complaint regarding the performance of the Contract, it may submit its complaint in writing by sending a letter to the e-mail address or by post to the postal address 13 Nyírfa Street, 2071 Páty, Hungary. |
| 12.2. | The Seller shall reply to the written complaint in writing within 30 (thirty) days of receipt and shall arrange for its communication. |
| 12.3. | If the Customer is a consumer - resident in Hungary - he/she has the right to lodge a complaint with the consumer protection authority of his/her place of residence in case of violation of his/her consumer rights. Once the complaint has been examined, the authority decides whether to initiate consumer protection proceedings. In the first instance, the Consumer may lodge a complaint with the competent district office. The contact details of the district offices can be found on the following website: https://jarasinfo.gov.hu/ |
| 12.4. | If any consumer dispute between the Seller and the Consumer - who is a resident of Hungary - is not resolved through the Seller's complaint handling procedure, the Consumer may turn to the conciliation body competent for his/her place of residence or domicile and initiate the conciliation procedure of the conciliation body, or may also turn to the conciliation body competent for the Seller's registered office. The Seller shall have a duty of cooperation in the conciliation procedure. |
| 12.5. | Contact details of the competent conciliation body in the Seller's place of establishment: Name: Pest County Conciliation Board Title: 1055 Budapest, Balassi Bálint utca 25. IV/2. E-mail address: Phone number: 06-1-792-7881 |
| 12.6. | Consumers residing in Hungary can find the contact details of the conciliation body competent for their place of residence or domicile on the following website: https://www.bekeltetes.hu/index.php?id=testuletek |
| 12.7. | INTERNATIONAL Customers and Consumers can also start an online dispute resolution procedure through the ODR platform available on the European Commission's website http://ec.europa.eu/odr, where they can submit a complaint by providing the Seller's registered office (2071 Páty, Nyírfa street 13.) and e-mail address (). |
| 13. | MIXED PROVISIONS |
| 13.1. | If any provision of these GTC becomes invalid or unenforceable, the validity of the remaining provisions of these GTC shall not be affected. In such a case, the parties shall replace the invalid or unenforceable provision with a provision that is capable of producing the closest economic result to the objective pursued by the invalid or unenforceable provision. |
| 13.2. | The Seller does not maintain a customer service and does not have a code of conduct in accordance with the Unfair Commercial Practices Act. |
| 13.3. | The Contract between the parties shall be governed by Hungarian law and European Union law. |
| 13.4. | In matters not regulated in these GTC, the Civil Code, the provisions of Act CLV of 1997 on Consumer Protection, Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses, Government Decree 151/2003 (22.IX.) on the mandatory warranty for certain consumer durables, and Government Decree 373/2021 (30.VI.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. |
| 13.5. | For the settlement of any dispute arising out of or in connection with the Contract, in particular in connection with its breach, termination, validity or interpretation, the Seller and the Buyer, who is not a consumer, agree to submit to the exclusive jurisdiction of the ordinary courts of Hungary according to the general rules. |
| 13.6. | If the consumer's habitual residence is not in Hungary, the resolution of any dispute shall be as consistent as possible with the law of the country of the consumer's habitual residence. |
These General Terms and Conditions are effective from 01 May 2024.