1. Basics
2. Validity of the GBC, modifications
3. General
4. The main characteristics of the subject of this Contract
5. Inquiries
5.1. Prices
5.2. Procedure in case of incorrect price
5.3. Processing of incoming messages and inquiries
5.4. Acknowledgement
6. Processing complaints
6.1.Consumer protection authority.
6.2.Conciliation Panel
6.3.Judicial proceedings
6.4. Online dispute settlement platform
7. Other provisions
8. SPECIAL PROVISIONS
8.1. Conclusion and scope of the Contract
8.2. Rights and duties of the parties
8.3. Termination of the Contract
1. This Contract shall not be registered, concluded only electronically and it is not a written contract. It is written in Hungarian and does not refer to any Code of Conduct. Data of the company operating the website:
Operator: PRESTO-UPS MÉRNÖKIRODA LTD
Assigned: Tibor Molnár - Managing DirectorEstablishment and head office: 1116 Budapest, Vegyész utca 17-25. Building 6
TAX Number: 13618683-2-43EU-TAX Number: HU13618683
Company register No: 01-09-864619
Statistic number: 13618683-5190-113-01
Bank account number: RAIFFEISEN : 12010501-01524388-00100004Phone: + 36 1 920 2600
Releasing Commercial Court:
E-mail: info@presto-ups.hu
Website: http://www.presto-ups.hu
Address of handling complaints: 1116 Budapest, Vegyész utca 17-25. Building 6
Phone number of handling complaints: + 36 1 920 2600E-mail address of handling complaints: info@presto-ups.hu
Data of the web host:
Name: VOOV Informatikai Fejlesztő Ltd
Address: 9400 Sopron, Bem utca 3.
TAX Number: 13816283-2-08Phone: +36 20 339-49-22
E-mail: office@voov.hu
2. Validity of the GBC, modifications
1. This general Business Conditions (GBC) rules the rights and duties of the Parties regarding the use of the website and other services of the Provider under the contractual relationship.
2. The scope of this GBC applies to all Users. This GBC gives rights and duties for both the Provider and the Users as well as their representatives, successors and transferees.
3. All questions which are not regulated by the present GBC as well as the interpretations of this GBC shall be regulated by the Hungarian legislation, especially the law V. from 2013 for the Civil Code and the relating provisions of the law CVIII from 2001 regarding the electronical commercial services and informatics. The mandatory provisions of the rules shall be applied without mentioning separately.
4. This GBC shall take effect as from 18. May, 2018 and shall remain in force until further notice. The GBC is valid also for the services already established prior to the GBC’s entry into force in such a way that the Users accept the provisions of this GBC with the order any services or with their extension.
5. The Provider has the right to amend the GBC unilaterally with a previous notification the users concerned. The modifications shall be published on the website by the Provider 11 (eleven) days before the date of their entry into force. The amended GBC is valid for the new users of the service on the day of publishing it. The Users - even if they are not contracted parties of the Provider - shall accept this GBC with ordering the services.
6. At the time of entering the website operated by the Provider or reading its content the User shall accept the provisions of the GBC even if he/she is not a registered user. If the User does not accept the conditions he/she is not entitled to view the website.
1. The Provider shall retain all rights relating to the website, any of its part and content as well as its distribution.
2. The download, electronic storage, process or sell of the content or any part of the website shall be prohibited without the written consent of the Provider. Taking over any material from the website and its data base even with previous consent could be done only with referring to the website.
3. The Provider is not responsible for the accuracy and reliability of the content of the website, because they can be subject to change independently of the Provider, unless otherwise determined in the implementing rules.
4. The Provider is not responsible for contents established or published by third parties, which were uploaded to the system of the Provider by third parties or to which the websites refer.
5. Furthermore, the Provider is not responsible for websites, to which are links provided by the Users. Should there be any problem with the published links the Provider does not take any liability and entitled to the whole service fee as well.
6. The provider reserves the right to change the content of the website any time or to cancel the accessibility complying with the provisions of this GBC. The Provider does not guarantee a trouble free access to the website. The Provider excludes the liability for damages for reasons which are not attributable to the Provider and resulting from the possible trouble in the operation beside the annually contractual availability of 99,9 %.
4. The main characteristics of the subject of this Contract
1. The products and service packages on the website of www.presto-ups.hu are the subject of the contract between the seller and the customer. The features of the products and services on the website can be found on the product sheets or under the menu point prices, services. The pictures are only for illustration the real appearance and packaging of the products and services are not always the same as they are on the pictures. The prices of the products and services are to be understood in HUF and there are always indication if they are net or inclusive with VAT.
2. The language of the contract is Hungarian.
1. The prices of the products and services on the website are given for information purposes only! You can ask an offer from us with the forms under the menu points. After receiving the forms our customer service sends you an answer within 24 - 48 hours. Should your inquiry be fallen your personal data will be deleted after expiring the offering period (14 days) + 2 working days.
1. The prices of the products and services on the website are given for information purposes only!
You get an exact price after sending us an inquiry. Our offer is valid for 14 days! The prices of the products and services given on the website do not include the costs for transport, mounting and packaging. This costs will be given in our offer.
5.2. PROCEDURE IN CASE OF INCORRECT PRICE
1. In spite of every effort we have made it may occur that the price of the product or the service on the website is incorrect. The prices in our offer are correct in all cases!
5.3. PROCESSING OF INCOMING MESSAGES AND INQUIRIES
1. The incoming messages and inquiries shall be processed within 24 - 48 hours.
1. We confirm every message and inquiry upon receiving by email. That means you get an automatic answer by email about receiving your message or inquiry. Every automatic email includes a reference number. Please use this number when you wright us in connection with your message or inquiry.
2. You can reach us also by phone, you can find the numbers on the website and in the email.
1. If you have any complaint regarding the website or the products on the website you can submit it to the operator of the website by email or post. If the operator of the website has an office you can present your complaint personally as well. The seller is liable to answer for the complaint received by email or post in writing within 25 days after receiving it.
2. If the seller considers the complaint not justified then he/she is required to state the reasons for it in its written answer, as well as he/she is obliged to give information to the customer, what kind of possibilities he/she has solving his/her complaint. The seller is obliged to state the head office, phone numbers, internet address and post address of the Conciliation Panel competent according to the place of residence or stay of the customer.
3. The seller is obliged to keep the protocol about the complaint and the copy of the answer for 5 years.
4. The Consumer can submit his/her complaint regarding the activity of the Provider on the following contact details:
5. The User can submit his/her complaint regarding the activity of the Provider on the following contact details:
Postal address: 1116 Budapest, Vegyész utca 17-25. Building 6
Phone number: + 36 1 920 2600
Email: info@presto-ups.hu
National Agency for Data Protection
1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Postal address: 1530 Budapest, PF: 5.
Phone: +36 -1-391-1400
Fax: +36-1-391-1410
E-mail: ugyfelszolgalat@naih.hu
6.1 CONSUMER PROTECTION AUTHORITY
1. The consumers can submit their complaint to the competent employee of the consumer protection district authority, nearest to their domicile. They can proceed the administrative procedure after judging the complaint, if necessary.
2. The procedures in second instance will be made by the Government Agency of Pest County in the whole country instead of the previous National Consumer Protection Authority. The list of the district authorities are to be found on the following link: http://jarasinfo.gov.hu/
1. If your consumer complaint will be rejected you can submit a complaint against us at the competent Conciliation Panel in the district where you are habitually resident. The procedure of the Conciliation Panel will be started on the request of the consumer.
2. Before you ask a procedure at the Conciliation Panel you should first try to settle your dispute with the company directly. The settlement of the dispute can be made personally at the customer service, by phone or by email.
3. Furthermore, the request for procedure should be submitted to the president of the Panel and should include the followings:
- name, address of the consumer;
- name and head office of the company being in dispute with the consumer;
- if the consumer would like to make an application to the panel, which is competent according to the place of the performance of the contract then the consumer has to give the place of the performance of the contract;
- the view of the consumer about the dispute as well as the facts and evidences proving his/her point of view;
- a statement of the consumer that he/she tried to settle the dispute with the company directly;
- a statement of the consumer that he/she did not initiated a procedure in this dispute at other conciliation panel, or mediation or civil proceeding;
- it should include to state what he/she asks and what a decision he/she expects;
- the consumer should also undersign the application.
4. The consumer has to attach all documents referred and that prove the initiating of the settlement of the dispute with the company but it had no result.
5. We inform you that our company is obliged to collaborate in this procedure.
Contact data of the Conciliation Panel:
Conciliation Panel Budapest
Address: 1016 Budapest, Krisztina krt. 99.
Phone number: (1) 488-2131
Fax: (1) 488-2186
President: Dr. György Baranovszky
E-mail: bekelteto.testulet@bkik.hu
1. If the consumer will not apply to the Conciliation Panel or the procedure ended without result, the consumer has an option bringing his/her dispute to court.
2. A case shall be brought before the Court by a written application with the following information:
- the court in which an action is brought;
- name, address of the parties and their status in the procedure;
- right to be asserted with the facts and evidences for it;
- data for the scope and competence of the court; application for the decision of the court (head of claim).
3. You should attach the document or its copy that is referred as evidence.
6.4. ONLINE DISPUTE SETTLEMENT PLATFORM
1. The European Committee has established a home page where the consumers can be registered and they have the possibility to settle the disputes in connection with the online purchasing by filling a form and so avoiding a court procedure. This way the consumers have the possibility to enforce their rights and no distance can this prevent.
2. Hungary is also obliged to have an online dispute settlement point with at least two advisers who help the parties in connection with the procedure. This is in Hungary the Conciliation Panel in Budapest.
3. You can reach the online conciliation platform by means the link as follow:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
1. The Provider has right to involve somebody to fulfil his obligations. The Provider is liable for the unlawful conduct of him/her as if this would have been committed by her/himself.
2. Should any of these provisions become ineffective, illegal or not enforceable that shall not affect the effectiveness, lawfulness and enforceability of the other conditions.
3. If the Provider does not exercise his right according to the GBC this shall not be deemed as a waiver of any rights. A waiver of any right is valid only with an explicit written statement of it. If the Provider did not keep a condition or provision of the GBC one time, it does not mean that he will not keep it later on.
4. The Provider and the User try to settle their disputes amicably.
8.1. SETTING UP AND SCOPE OF THE CONTRACT
1. The User and the Provider conclude the contract regarding the usage of the services electronically by filling the registration form. The contract is concluded on the day when the User filled the registration form and accepted the conditions of the GBC and the Provider has activated the services.
2. The Provider shall send an electronic mail to the user about the activation of the services, i.a. about the conclusion of the contract. This mail includes the verifying link.
3. The User notes that in case there are incorrect data on the registration form or not the own data the contract is invalid.
4. In case of invalidity the User is obliged to pay the fee of the services he/she used to the Provider and the sum paid before will not be refunded.
8.2. RIGHTS AND DUTIES OF THE PARTIES
1. The Provider undertakes to provide the services for the User continuously if the User fulfil the conditions of the GBC.
2. In case of services with payment the Provider activates the services only after receiving the payment.
3. The payment is deemed to be fulfilled only after the amount due has been credited to the account of the Provider. Furthermore, the sender of the money shall be the same as the customer of the Provider.
8.3. TERMINATION OF THE CONTRACT
1. The Contract will be terminated according to the Hungarian Civil Code.
2. The breach of a contractual obligation constitutes a serious violation of the contract. This is a reason to terminate the contract without notice through a reasoned written (electronic) statement to the other party.
3. On the expiry of the contract the contracting parties account with each other, the Provider shall delete the User from the system as well as every data of the User accessible on the website for anybody complying with the data protection rules.
Downloading the GBC in pdf HIER.
Budapest: 2018. 07. 13.