Download/print the document: HERE
The Hungarian version of the document is available HERE.
General Terms and Conditions
1. Operator of the online store
The online store available at https://www.mybettershelf.com/ is operated by
Mybettershelf Kereskedelmi Korlátolt Felelősségű Társaság
Abbreviated name: Mybettershelf Kft.
Company registration number: 01-09-373198
Tax ID: 28768038-2-42
Registered office: Hungary, 1148 Budapest, Jerney Street 41, 3rd floor,
Door 12
Mailing address: Hungary, 1148 Budapest, Jerney Street 41, 3rd floor, Door
12
Place of business: Hungary, 1148 Budapest, Jerney Street 41, 3rd floor,
Door 12
Phone: +36 20 365 3641
Email address:
info@mybettershelf.com
Website:
https://www.mybettershelf.com/
(hereinafter:
Service Provider) operates.
Chamber
of Commerce registration number:
BU28768038
- Budapest Chamber of Commerce and Industry
2. Customer Service
Users may contact the Service Provider’s
customer service at the following contact details:
2.1.
By phone
Phone numbers: +36 20 365
3641 – no premium rate applies!
Available on business
days from 9:00 a.m. to 4:00 p.m.
2.2.
By email
Email
address:
info@mybettershelf.com
The
Service Provider will respond to emails within a maximum of 2 business days of
receipt.
3.
Application of Hungarian Law
3.1.
The Service
Provider operating the website available at the above-specified web address
(hereinafter: the website) provides its services from Hungary. Hungarian and European law shall apply to the provision
of the service, the Service Provider, and the Users within the framework of
this agreement, with particular regard to
- REGULATION (EU) 2018/302 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on the prohibition of
unjustified geo-blocking of online content within the internal market based on
the nationality, place of residence, or place of establishment, and amending
Regulations (EC) No 2006/2004 and (EU) 2017/2394, as well as Directive 2009/22/EC,
as well as the Hungarian:
- Act V of 2013
on the Civil Code (hereinafter: Civil Code),
-
Act CLXIV of 2005 on Commerce,
-
Act CLV of 1997 on Consumer Protection,
- Government
Decree No. 45/2014 (II. 26.) on the detailed rules governing contracts between
consumers and businesses,
- Government
Decree No. 373/2021 (June 30) on the detailed rules governing contracts between
consumers and businesses for the sale of goods, as well as for the provision of
digital content and digital services,
- Act CVIII of 2001
on Certain Issues Concerning Electronic Commerce Services and Information
Society Services,
- Decree No.
19/2014 (IV. 29) of the Ministry of National Economy on the procedural rules
for handling warranty and guarantee claims regarding goods sold under contracts
between consumers and businesses,
- Government Decree
No. 151/2003 (IX. 22.) on mandatory warranties for certain durable consumer
goods,
- Act XLVII of
2008 on the Prohibition of Unfair Commercial Practices against Consumers,
- Act XLVIII of 2008 on the Basic Conditions and Certain
Restrictions of Commercial Advertising, and
- Act XXXIV of 2004 on Small and Medium-Sized
Enterprises and Support for Their Development.
3.2.
The dates and
time intervals specified in these General Terms and Conditions (hereinafter:
Terms and Conditions or GTC) are to be understood as Central European Time.
3.3.
The working
days, non-working days, and public holidays referred to in these Terms and
Conditions shall be understood to mean Hungarian working days, non-working
days, and public holidays.
3.4.
The language of the contract
is English. These Terms and Conditions and the information posted on the
website are available in English and Hungarian. In the event of any discrepancy in interpretation
arising from linguistic differences, the Hungarian-language texts shall
prevail.
4.
Scope and Parties to the General Terms and
Conditions
4.1.
These Terms and
Conditions apply to the services available on the website, the use of the
website, and the sale and purchase of products available for order in the
online store operating on the website.
4.2.
The parties to
the contract:
4.2.1.
The Service
Provider identified above, as the operator of the website and the seller of the
products.
4.2.2.
User: a customer
ordering a product from the online store, as well as any person visiting the website’s
pages. A User may be any natural or legal person with legal capacity, or an
economic entity without legal personality, including foreign legal entities,
provided that they accept the contractual terms set forth herein and
acknowledge them as binding upon themselves. Under these terms and conditions,
a contract to be concluded at may be entered into by a person lacking legal
capacity or a person with limited legal capacity in accordance with the
provisions of the Civil Code.
4.3.
Terms related to
the User as a party to the contract:
4.3.1.
Consumer: a
natural person acting for purposes outside their independent occupation and
economic activity who purchases, orders, receives, uses, or avails themselves
of goods, or is the recipient of commercial communications or offers related to
the goods;
Furthermore, for
the purposes of the provisions of the Fgytv., a consumer is:
a) for the
purposes of the rules governing the conciliation body—with the exception of the
application of Regulation (EU) No. 524/2013 of the European Parliament and of
the Council of 21 May 2013 on online dispute resolution for consumer disputes
and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC – a civil
organization, ecclesiastical legal entity, condominium, or housing cooperative
established under separate law, acting for purposes outside its independent
occupation and economic activities, which purchases, orders, receives, uses, or
consumes goods, or is the recipient of commercial communications or offers
relating to goods; furthermore, a micro, small, or medium-sized enterprise
(hereinafter collectively: SME) that uses a public service or, within the
framework of retail activities under the Trade Act, purchases, uses, or avails
itself of a product, or is the recipient of commercial communications or offers
relating to the product;
b) on action
against unjustified geo-blocking and other forms of discrimination based on the
buyer’s nationality, place of residence, or place of establishment within the
internal market, as well as on the implementation of Regulation (EC) No
2006/2004 and Regulation (EU) 2017/2394, and Regulation (EU) 2018/302 of the
European Parliament and of the Council of 28 February 2018 amending Directive
2009/22/EC [hereinafter: Regulation (EU) 2018/302] means an undertaking that
qualifies as a buyer under Regulation (EU) 2018/302.
4.3.2.
Micro, small,
and medium-sized enterprises: micro, small, and medium-sized enterprises as
defined in the Act on Small and Medium-Sized Enterprises and the Promotion of
Their Development: an enterprise with fewer than 250 employees and an annual
net turnover not exceeding the forint equivalent of 50 million euros ( ), or a
balance sheet total not exceeding the forint equivalent of 43 million euros. An
enterprise is not considered a micro, small, or medium-sized enterprise if the
direct or indirect ownership interest of the state or a local government—based
on capital or voting rights—separately or collectively reaches or exceeds 25%.
The provisions
of the Civil Code governing consumer rights, as set forth in the chapter titled
“Defective Performance,” shall also apply to micro, small, and medium-sized
enterprises acting outside the scope of their profession, independent
occupation, or business activity, as defined by the Act on Small and
Medium-Sized Enterprises and the Support of Their Development. Accordingly, the
provisions of these GTC relating to defective performance, warranty, and
guarantee in accordance with the Civil Code shall also apply to such
enterprises.
4.3.3.
Consumer
Contract: A contract between a consumer and a business—aimed at the sale of
goods classified as movable property, the provision of digital content, or the
provision of digital services.
4.4.
The terms and
conditions take effect upon their publication on the website and remain in
force for an indefinite period.
5.
General Information Regarding Contracts Concluded
Electronically Between Parties Not Present at the Same Time
5.1.
Regarding the essential characteristics of
products available for order in the online store, the User may obtain
information on the pages describing the products’ characteristics prior to
placing an order.
5.2.
The language of the contract
is English. These Terms and Conditions and the information posted on the
website are available in English and Hungarian. In the event
of any discrepancies in interpretation arising from differences in language,
the Hungarian-language texts shall prevail.
5.3.
The Service Provider sells only products on the online
store interface; it is not possible to order services.
5.4.
Orders placed on
the website constitute a legal declaration in the form of an implied offer and
entail a payment obligation on the part of the User.
5.5.
The Service
Provider is obligated to confirm receipt of the order electronically without
delay. If the User does not receive confirmation within 48 hours, the User is
released from the obligation to accept the offer.
5.6.
The concluded contract does not qualify as a
written contract; the Service Provider does not file it, and it will not be available in writing at a later date.
5.7.
The Service
Provider has not adopted a code of conduct, so one is not available from them.
5.8.
Before
submitting the order, the User is informed during the ordering process about
current shipping rates and any shipping restrictions, as well as available
payment methods. Additionally, this information is accessible at any time on the
website under the menu item “ Ordering & shipping information[TS5]
.”
5.9.
The User will
receive the terms and conditions and the documents required for legal
disclosure as attachments to the email confirmation of
their order, with content current as of the time the
order is received. In addition, the User may download and/or print the terms and
conditions and information sheets in a saveable format by using the link
located under the document titles – “(Download/print document: HERE)” – and they are always
available on the website in their current version.
6.
Registration
6.1.
Registration is free.
6.2.
Registration is not a prerequisite for
placing an order.
6.3.
The User may complete registration by clicking
on the icon depicting a schematic human figure, then filling out the registration
form that appears, followed by accepting these Terms and Conditions at and
checking the data processing statement, and finally clicking
the button to finalize registration.
6.4.
For a valid registration, the User must
provide accurate personal information and contact details. If it is determined
that the registration was made using false information, the Service Provider is
entitled to delete the profile created through the registration. In such cases,
the Service Provider shall not be liable for any resulting consequences.
6.5.
The Service Provider may also delete a
valid registration without liability for the consequences if the deleted User
has used the website in bad faith or otherwise violated these Terms and
Conditions.
6.6.
Cancellation of the registration by the
Service Provider for the reasons stated above does not affect orders already
fulfilled by both Parties. In the event of cancellation for the same reasons,
if the Service Provider has not yet begun fulfillment, it may unilaterally
decide whether to fulfill the order, provided that the reason for cancellation
does not prevent this. If the Service Provider does not fulfill the order for
the reasons stated above and the User has already paid, the Service Provider
shall refund the amount paid by the User. If the User’s conduct constituting
the reason for cancellation has caused damage to the Service Provider, the
latter is entitled to withhold the amount of the damage from the refund.
6.7.
The User may request the cancellation of
their registration at any time by sending an email to the Service Provider,
which the Service Provider shall process without delay—but no later than within
10 days.
6.8.
The User may request the deletion of their
personal data processed for registration purposes, or may submit a request
related to any data processing that results in the deletion of such data or
prohibits its use for such purposes. The User can read more about these matters
in the privacy policy.
6.9.
The cancellation of registration in
response to the User’s requests as described above does not affect the
fulfillment of orders for products that the User has previously placed.
6.10.
The User is responsible for keeping the
information used to access their user account (including, in particular, their
password) confidential. If the User becomes aware that an unauthorized third
party may have obtained access to the password provided during registration,
the User is obligated to change the password immediately; furthermore, if it
can be assumed that the third party is misusing the password in any way, the
User is obligated to notify the Service Provider at the same time.
The User agrees to update the personal
data provided during registration as necessary to ensure that it remains
current, complete, and accurate.
If the User forgets their password, they
may contact the Service Provider to set a new password.
7.
Determination of the Purchase Price
7.1.
Users can find information about the
current prices of products on the pages of the online store that describe the
products’ features.
7.2.
The prices listed for products are gross
retail prices; therefore, the total amount payable for each product, including tax,
is displayed. Tax regulations specific to the destination country of the sale
may result in a different tax amount.
7.3.
The purchase price is always
displayed in and understood as the official currency of the country selected by
the User.
7.4.
Prices do not include shipping costs.
7.5.
The Service Provider does
not charge a packaging fee.
7.6.
Order confirmations always include the
total amount of the gross retail price actually payable—or, in the case of
prepayment, already paid—as well as any other applicable costs.
7.7.
The Service Provider reserves the right to
change the prices of products displayed on the online store’s website. Price
changes do not affect the price of products that have already been ordered and
confirmed by the Service Provider via an email sent to regarding the acceptance
of the order.
7.8.
If an incorrect
price (a price that deviates significantly from the price range that is
generally obvious to everyone for the given product) is displayed on the
website due to an error that is obvious to everyone, the Service Provider is
not obligated to sell the product at the incorrect price; in this case, no
contract is formed for the product with the incorrect price. The Service
Provider may offer to sell the product at the correct price; upon learning of
this, the User involved in the transaction may place a new order at the correct
price. An order placed electronically by the User constitutes an offer to
purchase, which the Service Provider is not yet obligated to fulfill. The
first, automatically sent confirmation merely certifies the receipt of the
order. The order is always accepted in the second, non-automatic confirmation,
which constitutes the formation of the contract. In the event of an incorrect
price display, the correct price will be verified prior to the sending of the
second confirmation and the acceptance of the order.
8.
Method and steps for placing an order,
formation of the contract
8.1.
Selecting a product
8.1.1.
Users can learn
about the essential characteristics of the products on the pages of the online
store containing product information.
8.1.2.
By clicking the button labeled “ Add to cart
” on the product page of the item they wish to order,
the User can place the product in their virtual shopping cart.
8.1.3.
If the User
wishes to order multiple products, they may add multiple products to the cart
by following the steps described above.
8.1.4.
If you have any
questions about the product before placing your order, the Service Provider’s
customer service is happy to assist you (contact information: see “Customer
Service” above).
8.2.
Placing
and Confirming the Order, Conclusion of the Contract
8.2.1.
The User may
place their order online in the web store as follows.
8.2.2.
After selecting
products and adding them to the cart, the User can view the cart’s contents by
clicking the shopping cart icon located in the website header. The quantity of products to be ordered is
also displayed above the icon.
8.2.3.
On the page
displaying the cart’s contents, the User can modify the quantity of selected
products by changing the number displayed, or remove a specific product from
the cart by clicking the trash can icon.
8.2.4.
If the User has a coupon entitling them to a discount,
they can claim the discount by clicking on the “ Discount
” link, entering the appropriate code in the “ Discount code
” field that appears, and then clicking the “ Apply
” button.
8.2.5.
After that, click
the button labeled “ Check out ,” and you will need to provide your
contact and shipping information.
8.2.6.
You must also select a payment method on the same page.
8.2.7.
If your billing information differs from your shipping information, and
you have selected online payment by credit card, click the checkbox next to “ Use
shipipng address as billing address ” to remove the checkmark; If you choose
to pay online via PayPal, you can enter a billing address different from the
shipping address by clicking the circle next to “ Use a different billing address .”
ATTENTION! If you are making a purchase as a
taxpayer with a tax ID number (e.g., business entity, sole proprietor, primary
producer, etc.), you are required to provide the company name/name, tax ID
number, and billing address. The person acting on behalf of the taxpayer is
responsible for the accuracy of the data and for providing true and correct
information.
8.2.8.
On the right-hand side of the same interface, the
summary of the order is displayed, including the total consumer price of the
entire order, as well as the gross amount of any shipping or other applicable
costs; that is, the total cost to be paid by the User.
8.2.9. Tools provided to identify and correct data entry errors prior to
submitting the contractual declaration:
8.2.9.1. A warning message appears during the ordering
process if incomplete or obviously incorrect data is entered.
8.2.9.2. A registered User may modify their personal
information regarding the order during the ordering process. After logging in
to the website, you can modify your registration information on your personal
profile page.
8.2.9.3. The contents of the shopping cart, order details,
and parameters can be checked, modified, or even deleted at any time until the
order is submitted, by navigating back through
the pages displayed during the ordering process
as described above and modifying or re-entering the data in accordance with the
provisions of this chapter of the GTC. You can go back by clicking the
browser’s back button or by clicking on the order phases indicated in the
flowchart at the top of the web store’s pages showing the order steps.
8.2.10. After verifying the order details above and
correcting any data entry errors, the User may submit a valid order by checking
the box to accept these Terms and Conditions and then clicking the button
labeled “
Pay now .”
8.2.11. By placing the order, the User acknowledges that the order entails a
payment obligation.
8.2.12. Upon receipt of the order, the Service Provider will
immediately confirm it to the User via an automated email sent to the email address provided during the online
ordering process. The confirmation will include the
total amount paid by the User. If this confirmation is not received within 48 hours of
the User submitting their order, the User is released from the obligation to
accept the offer. The confirmation is deemed to have been received by the User
when it becomes accessible to them (i.e., upon arrival in their email inbox).
The confirmation of the order described here does not yet constitute a contract
for the purchase of the product ; this confirmation does not yet constitute
acceptance of the order on the part of the Service Provider.
8.2.13. Orders are processed on all business days from Monday through Friday between
8:00 a.m. and 5:00 p.m. Central European Time. If the order is received during
this time period, it will be processed within 24 hours of receipt. If an order
is received by the Service Provider outside of
the above time window, it shall be deemed to have
been received by the Service Provider at the start of the first processing
period following receipt—or, in the case of advance payment, at the time the
amount due is credited to the Service Provider’s bank account—and will be
processed within 24 hours of that time.
8.2.14. Once order processing has begun, the Service
Provider—provided the order is accepted—will notify the User of the order’s acceptance
via email. The contract for the purchase of the product is concluded upon the
User’s receipt of the Service Provider’s email notification.
8.3.
If the User
requests the deletion of the data necessary for the fulfillment of the order prior
to fulfillment, or objects to the use of such data for this purpose, the
Service Provider shall declare its intention to withdraw from the order.
9.
Subsequent Correction of the Order
9.1.
If the User wishes
to change an order that has already been placed or has provided incorrect
information, they must notify customer service as soon as possible. It is
important to do this immediately so that the Service Provider can correct the
order before fulfillment begins.
9.2.
In the event of
an order correction, the Service Provider will send a new order confirmation
with the modified content, pursuant to which the order will be created in
accordance with the modification, or—in the case of an erroneous order that has
already been accepted—the purchase contract will be amended.
9.3.
In the event of
a subsequent correction, the Service Provider may also cancel the User’s
erroneous order and request that a new order be placed. The Service Provider
will consult separately with the affected User regarding this.
10.
Payment Terms
10.1.
Available payment methods:
10.1.1. Online
credit card payment:
Prepayment via the online payment service provider
selected by the User during the order submission process.
The online credit card payment service is provided by Stripe
Payments Europe Ltd. (One Wilton Park, Wilton Place, Dublin 2, D02 FX04,
Ireland). When using this service, the User may pay by credit card.
When paying by credit card, the User provides the
credit card details used for payment directly and exclusively to the payment
service provider, as the payment process redirects the User to the payment
service provider’s website. The payment service provider does not share credit
card details with the Service Provider.
Data security is based on the separation of data. The
Service Provider receives order-related information from the User, while the
payment service provider receives only the credit card details necessary for
the payment transaction on the payment page, which is secured with 128-bit SSL
encryption. To make a credit card payment, your web browser must support SSL
encryption. SSL stands for Secure Sockets Layer, an accepted encryption
protocol. Using SSL, the browser used by the User encrypts the credit card data
before transmission, so that it reaches the payment service provider in an
encrypted form, making it unreadable to unauthorized persons.
Further terms and conditions regarding online payments
are set forth in the payment service provider’s terms of service, which the
User may review prior to payment on the payment service provider’s website, to
which the User will be redirected during the ordering process.
10.1.2. Prepayment
via the PayPal online payment service
Prepayment via the online payment service selected by
the User during the order submission process.
The online payment service is provided by PayPal. When
using the service, the User can pay with a PayPal account.
During the online payment process, the User provides
the payment details directly and exclusively to PayPal (Europe) (S.à rl et Cie,
S.C.A., 22-24, Boulevard Royal, 2449 Luxembourg, Luxembourg), as the User is
redirected to the PayPal website during the payment process. PayPal does not
share this data with the Service Provider.
Data security is based on data separation. The Service
Provider receives order-related information from the User, while the payment
service provider receives only the data necessary for the payment transaction
on the payment page, which is secured with 128-bit SSL encryption. To make a
payment, the user’s web browser must support SSL encryption. SSL stands for
Secure Sockets Layer, an accepted encryption protocol. The browser used by the
User encrypts payment data using SSL before transmission, ensuring that it
reaches the payment service provider in an encrypted format, thereby rendering
it unintelligible to unauthorized persons.
Further terms and conditions regarding online payments
are set forth in the payment service provider’s terms of service, which the
User may review prior to payment on the payment service provider’s interface,
to which the User is redirected during the ordering process.
10.1.3. Prepayment
via bank transfer
The User may select this payment method during the
order submission process. The information required to complete the transfer is
included in the email confirming receipt of the order.
10.2.
If the Service Provider is unable to fulfill an order
that has already been paid for due to reasons arising within its own sphere of
influence, it shall refund the User the full amount paid in connection with the
order within 14 days of the occurrence of the obstacle.
11.
Delivery Time and Shipping Terms
11.1.
Delivery and
shipping deadlines
11.1.1.
The Service
Provider will ship the ordered product to the shipping address provided by the
User during the ordering process within the timeframe specified in the order confirmation.
11.1.2.
If the ordered product is in stock, it will be handed
over to the carrier no later than the business day following the date the order
is received.
11.1.3.
The Service Provider does not keep most of its
products in stock; they are generally manufactured after the User places an order.
11.1.4.
For products that are not in stock at the Service
Provider but can be ordered, the order will be handed over to the carrier
within 6 weeks of the Service Provider’s confirmation of order acceptance. If
the Service Provider is unable to fulfill the order, or can only do so with a
delay, for reasons beyond its control, it will immediately contact the User who
placed the order to reach a separate agreement.
11.1.5.
Depending on the destination country, the carrier will
deliver the product within 3–14 business days following shipment by the Service
Provider.
11.1.6.
If the Service
Provider is unable to fulfill the order within the timeframe specified above,
or is unable to procure a product that is out of stock, or cannot
manufacture a custom-sized, non-pre-manufactured product, the Service Provider shall immediately
notify the User of the occurrence of the obstacle to fulfillment and separately
inform the User of the expected circumstances of fulfillment or its failure. In
the latter case, the Service Provider shall refund the amount paid by the User
in connection with the order up to that point.
11.2.
Delivery
11.2.1. FedEx Express Hungary Limited Liability Company
Abbreviated name: FedEx
Express Hungary Kft.
Company
registration number: 01-09-077524
Tax ID:
10565011-2-43
Headquarters: Hungary,
1185 Budapest, BUD International Airport, Building 211
Mailing Address:
Hungary, 1185 Budapest, BUD International Airport, Building 211
Phone: +36 80
980 980
Website: https://www.fedex.com/
[TS14] business entity (hereinafter: Carrier). The
Carrier will deliver the ordered product to the User within a maximum of 4 business
days from the date of shipment. Further information regarding shipping is
available under the “ Ordering & Shipping Information” menu item on the website, as well as in the
“Terms and Conditions” document available on the FedEx Express Hungary Kft. website
(https://www.fedex.com/en-us/terms-of-use.html/).
11.2.2. Magyar
Posta Zártkörűen Működő Részvénytársaság
Abbreviated name: Magyar Posta Zrt.
Company registration number:
01-10-042463
Tax ID: 10901232-2-44
Headquarters: Hungary, 1138 Budapest,
Dunavirág Street 2-6.
Mailing address: Hungary, 1540 Budapest
Phone: +36 1 767 8282
Fax: +36 46 320 136
Email: ugyfelszolgalat@posta.hu
Website: https://posta.hu/
business entity (hereinafter: Carrier).
[TS15] Depending
on the destination country, the Carrier will deliver the ordered product to the
User within 3–14 business days from the date of shipment. Further information
regarding shipping is available under the “ Ordering & shipping information” menu item on the website, as well as in the
document “General Terms and Conditions of MPL Business Parcel Shipping
Services” available on the Magyar Posta Zrt. website (https://posta.hu/static/internet/download/EASZF_I_MPL_Uzleti_csomag_fuvarozas_ASZF.pdf).
11.3.
Shipping Fee
11.3.1. The User may view the gross amount of the
delivery fee to be paid by the User during the order submission process.
11.4.
Receipt of the
product
11.4.1. Pursuant to the contract formed as a result of
the User’s order, the User is obligated to pay the price of the product(s), the
delivery fee, and any other costs related to the fulfillment of the order that
were disclosed to the User prior to placing or finalizing the order, and to
accept the product. If the User fails to accept the product without cause, they
are in breach of the contract. The Service Provider may claim damages resulting
from the breach of contract.
If the User
fails to accept the product they ordered without cause at the time of
delivery—including cases where the User cannot be reached despite the Carrier’s
repeated attempts to deliver—and delivery is thus unsuccessful, the Service
Provider is entitled to sell the ordered goods to a third party. In this
case, if the product is returned to the Service Provider and the User has
prepaid the purchase price of the ordered product, the Service Provider shall
refund the purchase price—after deducting the transaction costs and return
shipping costs. Shipping fees and any other costs are not included in the
purchase price and will not be refunded in such cases. The cost of returning
the product to the Service Provider due to failure to accept it without cause
constitutes an additional loss, and the Service Provider is therefore also
entitled to deduct this amount from the refund. If the User has not paid the
price of the product in advance and, as described above, fails to accept it
without cause, the Service Provider may claim the delivery and return shipping
fees, as well as any other costs incurred in connection with the
fulfillment—and disclosed in advance—as compensation for damages caused by the
breach of contract.
11.4.2. The User shall verify the quantity and condition
of the ordered product(s) and the presence of the necessary documents (invoice)
at the place and time of delivery, upon receipt, and shall report any damage, shortage,
or other discrepancy to the Carrier at that time. If the User notices any
damage or discrepancies in the delivered product at the time of delivery, the
Carrier is obligated, at the User’s request, to hand over the goods item by
item and to draw up a report on the spot regarding this, as well as any discrepancies
or damage observed on the product. The Service Provider is liable to the User
for any damage to the product occurring during transport until the time of
delivery of the product to the User. However, the User’s failure to perform the
inspection upon receipt does not affect the User’s warranty rights or the right
to withdraw from the contract without cause; the User may exercise these rights
in this case as well, in accordance with Section 12.
12.
Defective performance, warranty,
guarantee, right of withdrawal without cause
12.1.
Defective performance
12.1.1. The Service Provider is in breach of contract if the product does not
meet the quality requirements set forth in the contract or by law at the time
of performance.
12.1.2. The Service Provider is not deemed to have performed defectively if the
User was aware of the defect at the time of entering into the contract, or
should have been aware of the defect at the time of entering into the contract.
12.1.3. In the case of a purchase by a User who qualifies as a consumer
(hereinafter: Consumer), it shall be presumed that a defect recognized by the
Consumer within one year of performance already existed at the time of
performance, unless this presumption is incompatible with the nature of the
item or the nature of the defect. In practice, this means that in the case of a
defect discovered within one year, the burden of proof lies with the Service
Provider. The same applies to purchases made by Users classified as micro,
small, or medium-sized enterprises acting outside the scope of their trade,
independent occupation, or business activity, with the exception that this
provision applies to defects discovered within six months of performance.
12.1.4. In the case of a purchase by a consumer, the Service Provider shall be
deemed to have performed defectively if the defect in the goods arises from
improper installation, provided that the installation forms part of the sales
contract, and was performed by the Service Provider, or was performed under the
Service Provider’s responsibility, or the User was required to perform the
installation, and the improper installation resulted from deficiencies in the
installation instructions provided by the Service Provider.
12.1.5. In the case of a consumer purchase, if the sales contract stipulates that
the Service Provider shall install the goods, or if the installation is
performed under the Service Provider’s responsibility, performance shall be
deemed completed by the Service Provider upon completion of the installation.
12.2.
Warranty
12.2.1. In the event of defective performance by the Service Provider, the User
may assert a warranty claim against the Service Provider in accordance with the
provisions of the Civil Code; the Consumer may do so in accordance with the
provisions of the Civil Code and Government Decree No. 373/2021 (VI. 30.).
12.2.2. The User may, at their discretion, assert the following warranty claims:
They may request repair or replacement, unless the claim chosen by the User is impossible
to fulfill or would entail disproportionate additional costs for the Service
Provider compared to fulfilling another claim. In the case of a consumer
contract, when determining the existence of disproportionate additional costs,
the Service Provider must take into account all circumstances, including the
value of the service in a fault-free condition and the severity of the breach
of contract. If the Service Provider has not undertaken to repair or replace
the item, or cannot fulfill this obligation within a reasonable
timeframe—taking into account the item’s characteristics and the purpose for
which the User may reasonably expect it to be used—while safeguarding the
User’s interests, or if the User’s interest in repair or replacement has ceased,
then:
- the Consumer may request a proportional
reduction in the consideration or may withdraw from the contract, but may not
repair the defect at the Service Provider’s expense, nor may they have it
repaired by a third party;
- a User who is not a consumer
may request a proportional reduction in the consideration, or may repair the
defect at the Service Provider’s expense or have it repaired by a third party,
or may withdraw from the contract.
The provisions set forth in
this section regarding Consumers shall also apply to micro, small, and
medium-sized enterprises acting outside the scope of their trade, independent
occupation, or business activity.
12.2.3. The Consumer is also entitled—in proportion to the severity of the breach
of contract—to demand a proportional reduction in the price or to terminate the
sales contract if
- the Service Provider has
failed to perform or refused to perform the repair or replacement, or has
performed it but has not borne, or has not fully borne, the costs associated
with taking back the replaced goods;
- a recurring performance
defect has arisen, despite the Service Provider’s attempt to bring the goods
into conformity with the contract;
- the defect in performance
is so serious that it justifies an immediate price reduction or the immediate
termination of the sales contract; or
- the Service Provider has
not undertaken to bring the goods into conformity with the contract, or it is
evident from the circumstances that the Service Provider will not bring the
goods into conformity within a reasonable time or without causing significant
harm to the Consumer’s interests.
12.2.4. In the case of a Consumer, the consideration to be provided shall be
proportionate if its amount corresponds to the difference between the value of
the goods to which the Consumer would be entitled in the event of contractual
performance and the value of the goods actually received by the Consumer. The
provisions set forth in this section shall also apply to micro, small, and
medium-sized enterprises acting outside the scope of their trade, independent
occupation, or business activity.
12.2.5. The Consumer’s right to terminate a sales contract based on a warranty of
quality may be exercised by means of a legal declaration addressed to the
Service Provider expressing the decision to terminate. The provisions set forth
in this section shall also apply to micro, small, and medium-sized enterprises
acting outside the scope of their trade, independent occupation, or business
activity.
12.2.6. If the defective performance affects only a specific part of the goods delivered
under the sales contract, and the conditions for exercising the right to
terminate the contract with respect to those goods are met, the Consumer may
terminate the sales contract only with respect to the defective goods, but may
also terminate it with respect to any other goods acquired together with them
if the Consumer cannot reasonably be expected to retain only the goods that
conform to the contract.
12.2.7. Withdrawal is not permitted due to a minor defect. If the Consumer wishes
to terminate the sales contract on the grounds of defective performance, the
Service Provider bears the burden of proving that the defect is minor. The
provisions set forth in this section of shall also apply to micro, small, and
medium-sized enterprises acting outside the scope of their trade, independent
profession, or business activity.
12.2.8. The User is entitled to withhold the remaining portion of the purchase
price—in proportion to the severity of the breach of contract—in whole or in
part until the Service Provider fulfills its obligations regarding contractual
performance and the defective performance.
12.2.9. The User may switch from one warranty option to another, but the cost of
the switch shall be borne by the User, unless the switch was justified or the
Service Provider gave cause for it.
12.2.10. The User is obligated to notify the Service Provider of the defect
without delay upon its discovery. In the case of a contract between a consumer
and a business, a defect reported within two months of its discovery shall be
deemed to have been reported without delay. The entitled party—the User—is
liable for any damages resulting from a delay in notification. The User’s
warranty claim expires one year after the performance of the contract. The
Consumer’s warranty claim expires two years after the performance of the
contract. If the subject matter of the contract between the consumer and the
business is a used item, the Consumer’s warranty claim expires one year after
the performance of the contract. The provisions set forth in this section
regarding the Consumer shall also apply to micro, small, and medium-sized
enterprises acting outside the scope of their trade, independent occupation, or
business activity.
12.2.11. In the case of a purchase by a User who is not a Consumer, within six
months from performance, and in the case of a Consumer contract, within one
year, there are no conditions for asserting a warranty claim other than
notifying the defect, provided the Consumer proves that the product or service
was provided by the Service Provider. However, after the expiration of the
above-mentioned time limit from the date of performance, the User/Consumer is
required to prove that the defect identified by the User/Consumer already
existed at the time of performance.
12.2.12. The Service Provider must repair or replace the goods within a reasonable
period of time, determined with due regard to the characteristics of the goods
and their intended use as reasonably expected by the User. The reasonable
period of time shall be calculated from the date on which the User notified the
Service Provider of the defect.
12.2.13. The User must make the goods available to the Service Provider for the
purpose of repair or replacement. The costs associated with fulfilling the
warranty obligation shall be borne by the Service Provider.
12.2.14. The Service Provider must arrange for the return of the replaced goods at
its own expense.
12.2.15. In the case of a purchase by a consumer, in addition to bearing the
costs, the Service Provider must also arrange for the return of the replaced
goods. If the repair or replacement requires the removal of goods that, in
accordance with the nature and purpose of the goods, – prior to the defect
becoming apparent – the obligation to repair or replace includes the removal of
the non-conforming goods and the installation of the replacement goods or the
repair, or the bearing of the costs of removal and installation.
12.2.16. In the event of withdrawal, if the User terminates the sales contract in
its entirety or with respect to part of the goods delivered under the sales
contract, the User must return the affected goods to the Service Provider at
the Service Provider’s expense, and the Service Provider must immediately
refund the purchase price paid for the goods in question to the User upon
receipt of the goods or proof of their return.
12.3.
Product Warranty
The provisions of this subsection applicable to consumers shall also
apply to micro, small, and medium-sized enterprises acting outside the scope of
their trade, independent occupation, or business activity, as defined by the Act
on Small and Medium-Sized Enterprises and the Support of Their Development.
12.3.1. In the event of a defect in a movable item (product), the Consumer may,
at their discretion, assert either their right to warranty for defects as
described above or a claim under the product warranty. The right to product
warranty applies exclusively to the Consumer.
12.3.2. As a product warranty claim, the Consumer may only request the repair or
replacement of the defective product.
12.3.3. A product is defective if it does not meet the quality requirements in
effect at the time of its release to the market, or if it does not possess the
characteristics specified in the manufacturer’s description.
12.3.4. The Consumer may assert a warranty claim within two years from the date
the product was placed on the market by the manufacturer. After this period
expires, the Consumer loses this right.
12.3.5. The Consumer may assert a product warranty claim exclusively against the
product’s manufacturer or distributor (hereinafter collectively referred to as
the “manufacturer”). When asserting a product warranty claim, the Consumer must
prove that the product defect existed at the time the manufacturer placed the
product on the market.
12.3.6. The manufacturer or the Service Provider is exempt from its product
warranty obligations only if it can prove that:
- the product was not manufactured or placed on the market in the course
of its business activities, or
- the defect was not detectable at the time of placing the product on the
market according to the state of science and technology, or
- the defect in the product results from the application of a law or
mandatory official regulation.
The manufacturer or the Service Provider need only prove one of these
grounds to be exempt from liability.
12.3.7. The consumer may assert a warranty claim against the Service Provider and
a product warranty claim against the manufacturer simultaneously and in
parallel for the same defect. If the product warranty claim is successfully
enforced, the consumer may thereafter assert the warranty claim regarding the
replaced product or the part of the product subject to repair only against the
manufacturer.
12.4.
Mandatory Warranty
12.4.1. Act V of 2013 on the Civil Code, Government Decree No. 151/2003. (IX.
22.) , and Decree No. 19/2014. (IV. 29.) NGM on the procedural rules for
handling warranty and guarantee claims regarding goods sold under contracts
between consumers and businesses (hereinafter: NGM Decree), the Service
Provider is obligated to provide a guarantee in connection with the sale of
certain products in the event of defective performance toward the Consumer.
12.4.2. Duration of the warranty:
- 2 years for a sales price
of 10,000 forints or more but not exceeding 250,000 forints,
- 3 years for a sales price
exceeding 250,000 forints.
The sales price is calculated based on the
exchange rate published by the Hungarian National Bank on the date of sale,
which can be viewed on the following website:
https://www.mnb.hu/arfolyam-lekerdezes.
The warranty period begins
on the date the product is delivered to the Consumer, or, if installation is performed
by the Service Provider or its agent, on the date of installation.
If the Consumer has the
product installed more than six months after delivery, the warranty period
begins on the date of delivery.
In the event of repair of
the consumer product, the warranty period is extended from the date of handover
for repair by the period during which the Consumer was unable to use the
consumer product for its intended purpose due to the defect.
If the purchased product is
a new durable consumer good subject to Government Decree No. 151/2003. (IX.
22.) and the purchased product malfunctions during the mandatory warranty
period prescribed by law, the Consumer may assert the same claims against the Service
Provider as in the case of the warranty for defects. Thus, the Consumer has the
option—in the order described above under the subheading “Warranty”—to request
repair, replacement, or a price reduction, or to withdraw from the contract.
12.4.3. Conditions for asserting a warranty claim
The Consumer may submit a
request for repair, at their discretion, directly at the Service Provider’s
headquarters, any of its business locations, branches, or at the repair service
indicated by the Service Provider on the warranty card.
The Consumer may exercise
their rights under the warranty using the warranty card provided to them; the
improper issuance of the warranty card or the failure to provide the warranty
card does not affect the validity of the warranty. In the event that the
warranty card is not provided, the conclusion of the contract shall be deemed
proven if the Consumer presents a receipt confirming payment of the purchase
price. The return of the opened packaging of the consumer product is not a
condition for the fulfillment of the warranty claim.
Special requirements (such
as periodic inspections) may be imposed on the Consumer to ensure the proper
installation or maintenance of a consumer product, provided that proper
installation or maintenance cannot be ensured by other means and compliance
with the requirement does not impose a disproportionate burden on the Consumer.
If such special requirements apply to the product in question, the Service
Provider shall provide the Consumer with the information necessary for proper
installation and/or maintenance at the time of delivery of the product.
12.4.4. The Service Provider is only exempt from its warranty obligation if it
proves that the defect arose after performance.
12.4.5. In the absence of an express written commitment, the Service Provider
does not guarantee that the goods are suitable for any specific purpose
intended by the Consumer. The Service Provider has the right to have the
reported defect in the purchased product reviewed by a specialized service
provider. In the event that the defect is attributable to improper use, the
repair costs shall be borne by the Consumer. The Service Provider’s warranty
obligation does not apply to cases where the product has been disassembled by
unauthorized persons, its casing has been broken or opened, its structural
design has been altered, or to defects resulting from:
- result from improper
installation,
- improper use,
- improper commissioning,
- failure to perform
required maintenance,
- vandalism.
12.4.6. Recommendations for the proper use of shelves:
- the maximum load capacity
of the shelves is 10 kg;
- the shelves are intended
for indoor use only, where they are not exposed to moisture or extreme
humidity;
- the shelves can be used at
temperatures between 0 and 40°C.
12.4.7. If the product ordered on the website is a new durable consumer good
subject to Government Decree No. 151/2003 (IX. 22.), the Service Provider shall
include a warranty certificate with the product or send an electronic warranty
certificate to the Consumer, or make it available for download. The Consumer
may request that the warranty certificate be provided in a manner other than
electronically. The Service Provider is obligated to provide the warranty
certificate electronically no later than the day following the delivery or
installation of the product. If the Service Provider does not deliver the
warranty certificate as an electronic document via direct transmission but
instead makes it available to the Consumer in the form of a download link, the
Service Provider may not discontinue the availability of the electronic
warranty certificate for download until the end of the warranty period and must
ensure the accessibility of the download link. The warranty certificate must be
made available to the Consumer in a form that ensures the legibility of its
contents until the end of the warranty period. The list of durable consumer
goods is contained in the annex to Decree No. 10/2024 (VI. 28.) IM on the
definition of the scope of durable consumer goods subject to mandatory
warranty. For products not included in this list, there is no mandatory
warranty obligation under the law.
The Service Provider is not
obligated to issue a warranty certificate or to provide it to the Consumer if the
sales price of the consumer good does not exceed 50,000 forints. In this case,
rights arising from the warranty may be enforced with a document proving
payment of the purchase price—an invoice or receipt issued in accordance with
the Value Added Tax Act. The Service Provider is required to inform the
Consumer of this circumstance at the time of delivery of the consumer product.
If the sales price of the
consumer product does not exceed 50,000 forints and the Service Provider does
not issue a warranty card, the Service Provider is required to inform the
Consumer of:
- the name and type of the
consumer product suitable for its identification, as well as its serial number,
if any,
- the Consumer’s rights
under the warranty, the deadline, location, and conditions for exercising those
rights, and
- the fact that, in the
event of a consumer dispute, the Consumer may also initiate proceedings before
the conciliation board operated by the county (capital city) chambers of
commerce and industry.
This information must be
provided in a format that ensures its legibility until the end of the warranty
period.
12.4.8. If, during the first repair, the Service Provider determines that the
product cannot be repaired, the Service Provider is obligated to replace the
product within eight days, unless the Consumer provides otherwise. If this is
not possible, the Service Provider is obligated to refund the purchase price
indicated on the warranty card, or in the absence thereof, on the receipt
presented by the Consumer verifying payment of the product’s purchase
price—such as an invoice or receipt issued in accordance with the Value Added
Tax Act—to the Consumer within eight days. This provision does not apply to
electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger
cars, motorhomes, caravans, caravan trailers, trailers, or motorized
watercraft.
12.4.9. If the product fails again after three repairs within the warranty
period—unless the Consumer provides otherwise—the Service Provider is obligated
to replace the consumer product within eight days. If replacement of the
consumer product is not possible, the Service Provider is obligated to issue a
credit note based on the warranty card, or, in the absence thereof, on the
receipt presented by the Consumer evidencing payment for the consumer
product—an invoice or receipt issued in accordance with the Value-Added Tax Act—within
eight days. This provision does not apply to electric bicycles, electric
scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans,
caravan trailers, trailers, or motorized watercraft.
12.4.10. If the consumer product is not repaired within thirty days of the
Consumer notifying the Service Provider of the repair request, – unless
otherwise provided at – the Service Provider is obligated to replace the
consumer product within eight days following the fruitless expiration of the
thirty-day period. If replacement of the consumer product is not possible, the
Service Provider is obligated to issue a credit note based on the warranty
card, or, in the absence thereof, on the receipt presented by the Consumer
evidencing payment for the consumer product—an invoice or receipt issued in
accordance with the Act on Value Added Tax—within eight days following the
fruitless expiration of the thirty-day repair period. This provision does not
apply to electric bicycles, electric scooters, quads, motorcycles, mopeds,
passenger cars, motorhomes, caravans, caravan trailers, trailers, or motorized
watercraft.
12.4.11. If the Consumer, due to a defect in the consumer product, cancels the
purchase or, if the installation was performed by the Service Provider or its
agent, and the Consumer asserts a claim for replacement within three business
days from the date of installation, the Service Provider may not invoke
disproportionate additional costs but is obligated to replace the consumer
product, provided that the defect prevents its intended use.
12.4.12. The Consumer may assert claims under the warranty for defects and the
warranty for quality, as well as claims under the product warranty and the
warranty for quality, simultaneously and in parallel for the same defect.
However, if the Consumer has successfully asserted a claim arising from
defective performance due to a specific defect (for example, the Service
Provider replaced the product), the Consumer may no longer assert a claim
regarding the same defect on a different legal basis.
12.5.
Right of withdrawal without
cause
12.5.1. The Consumer is entitled to withdraw from this contract within 14 days without
giving any reason.
12.5.2. The withdrawal period
a) in the case of a contract for the sale of a
product: expires 14 days after the day on which the Consumer or a third party
designated by the Consumer, other than the carrier, takes delivery of the
product;
b) in the case of the delivery of multiple products:
expires 14 days after the day on which the Consumer or a third party designated
by the Consumer, other than the carrier, takes delivery of the last product;
c) in the case of delivery of a product consisting
of multiple items or pieces: on the day the Consumer or a third party
designated by the Consumer, other than the carrier, takes delivery of the last
item or piece;
d) and in the cases of points a), b), and c), the
Consumer may exercise their right of withdrawal during the period between the
date of conclusion of the contract and the date of receipt of the product.
12.5.3. If the Consumer wishes to exercise their right of withdrawal, they must
send a clear statement of their intention to withdraw to one of the Service
Provider’s contact details. The statement of withdrawal may be made in any
form, whether verbally or in writing.
To exercise the right of withdrawal, the Consumer may
also use the sample statement available for download at the following link:
Alternatively, you can copy the content from here:
--
Sample
withdrawal notice
(Please fill out and return only if you intend to
withdraw from the contract)
Recipient: Mybettershelf Kft.
Mailing Address (for sending a notice of withdrawal by
mail): Hungary, 1148 Budapest, Jerney Street 41, 3rd Floor, Door 12
Product return address: Hungary, 2045 Törökbálint,
Mechanikai Művek Industrial Park, Dózsa György Street 105/52 (BÚTOR-TRIÓ Kft.)
Email (notice of withdrawal
sent electronically): info@mybettershelf.com[TS16]
I, the undersigned ……………………………………………………………………,
hereby declare that I am exercising my right of withdrawal with respect to the
contract for the sale of the following product(s):
Date of receipt of the product:
Consumer’s name:
Consumer’s address:
Consumer’s signature (only for written statements):
Date:
--
12.5.4. The consumer exercises their right of withdrawal within the deadline if
they send their written notice of withdrawal before the expiration of the
deadline specified above, or if they announce it verbally on the last day of
the deadline. The consumer bears the burden of proving that they exercised
their right of withdrawal in the manner and within the deadline specified
herein.
12.5.5. The exercise of the right of withdrawal is not precluded by the opening
of the packaging or by use necessary to determine the nature, characteristics,
and functioning of the product.
12.5.6. The Consumer is
responsible for arranging the return of the product and for the costs of the
return. The product may also be returned in person, following prior scheduling
with customer service. If the Service Provider also sells the goods in a
physical store, and the Consumer exercises their right of withdrawal without
cause in person at the Service Provider’s store, they are entitled to return
the goods to the Service Provider at the same time.
12.5.7. After the withdrawal is accepted and the goods are returned, the
settlement will take place within 14 days of the acceptance of the withdrawal.
In the event of withdrawal, the Service Provider is obligated to refund the
purchase price of the product subject to withdrawal and the delivery costs to
the Consumer.
12.5.8. The Consumer may not
exercise the right of withdrawal:
- in the case
of goods not manufactured in advance, which were produced based on the Consumer’s instructions or at their express
request, or in the case of goods that were clearly customized for the Consumer.
12.6.
Legal Consequences of
Withdrawal
12.6.1. If the Consumer withdraws from the contract, the Service Provider shall, without undue
delay, but no later than 14 days from the receipt of the Consumer’s notice of
withdrawal, refund all payments made by the
Consumer, including the cost of shipping the product to the Consumer (except for
any additional costs incurred because the
Consumer chose a method of delivery other than the
cheapest standard method offered by the Service Provider.) When issuing the
refund, the Service Provider shall use the same payment method used in the
original transaction, unless the
Consumer expressly consents to the use of a different
payment method, and the Consumer does not incur any additional costs as a
result of the use of this refund method. In the case of a contract for the sale
of goods, the Service Provider may withhold the refund until it has received
the goods back or the Consumer has provided proof of their return, whichever occurs first.
12.6.2. If the Consumer ordered multiple products and the Service Provider shipped them to the
Consumer at the same time or separately but for a single shipping fee, and the Consumer does not
exercise their right of withdrawal without cause for all products, the shipping
cost will be refunded as follows:
- If the total cost of
shipping all products in this specific case is equal to the shipping cost the Consumer would have
paid had they ordered only the product(s) subject to withdrawal, then the full
amount of the shipping cost will be refunded;
- if the delivery cost would
have been lower had the Consumer ordered only the product(s) subject to withdrawal, then only this lower
amount shall be refunded to the Consumer
as reimbursement for the delivery cost.
12.6.3. The Consumer is
obligated to return or hand over the product to the Service Provider without
undue delay, but no later than 14 days from the receipt of the notice of
withdrawal. The deadline is deemed met if the Consumer sends the product to
before the 14-day period expires. The direct cost of returning the product
shall be borne by the Consumer.
12.6.4. The Consumer shall only
be held liable for any depreciation in the value of the product if such
depreciation resulted from use exceeding that necessary to establish the
nature, characteristics, and functioning of the product.
13.
Display of User Reviews
13.1.
The Service Provider publishes certain
reviews from among the text-based reviews written by Users and forwarded to it
on the website.
13.2.
Only genuine reviews are published on the
website. Before publishing reviews, the Service Provider verifies that the reviewer
is listed among the customers. This ensures that only reviews and opinions from
genuine customers are displayed.
13.3.
After the Service Provider publishes the
reviews, they are visible to other users in such a way that the reviewer’s full
name and city of residence are visible, and the data provided in their review
can be viewed, meaning the User’s identity may also become identifiable.
13.4.
Reviews published on the website are
displayed in a manner visible to all visitors to the website.
13.5.
The User cannot independently or directly
post an opinion or review.
13.6.
The Service Provider does not display
sponsored reviews on the website.
13.7.
The
Service Provider does not publish all of the reviews it receives.
13.8.
The Service Provider displays positive and
negative reviews in equal proportions on the website.
13.9.
The Service Provider does not edit or
partially delete reviews that have already been published; when reviews are
published, they are displayed on the website in their original form.
13.10.A User may request that
the Service Provider delete their review.
13.11.Content appearing in
another user’s review that is considered intellectual property (a work,
creation, scientific or other intellectual achievement) may only be used with
the prior permission of the rights holder (the person who published the
content; the author).
14.
Disclaimer
14.1.
The Service Provider is under no legal
obligation to enter into a contract. It is free to decide whether to accept or
reject the User’s order. The Service Provider disclaims liability for any
damages arising therefrom.
14.2.
The Service Provider does not guarantee that the
product is suitable for any purpose intended by the User that the User did not
discuss with the Service Provider prior to the conclusion of the contract, or
for which the Service Provider did not confirm its suitability during such
discussions. The information provided in the product description and user
manual governs its use; however, the Service Provider shall not be held liable
for any deviations arising from specific usage conditions.
14.3.
The Service Provider may terminate access to the website for individual
Users at any time without cause, or for all Users by ceasing operation of the
website. In such cases, the Service Provider will fulfill orders already
validly placed and the User’s other requests, but shall not be liable for any
other consequences.
14.4.
The Service Provider excludes liability for any delays, other problems,
or errors attributable to data provided by the User that is incorrect and/or
inaccurate, as well as for any damages resulting therefrom.
14.5. Content accessed by
following external links on the website is not under the Service Provider’s
control. If requested by the entitled party, the Service Provider will delete
or modify the link at . The Service Provider bears no liability whatsoever for
content displayed or downloaded through the use of such links.
15.
Other Provisions
15.1.
The Service Provider reserves the right, even with
respect to Users browsing the website without placing an order, to enforce and modify the legal protection of the
content found there and the rules governing the use of the website. The User
may access the relevant rules and statements in
the legal notice continuously published on the website, in these GTC,
and in additional informational documents.
15.2.
The Contracting Parties declare that, in
exercising the rights and fulfilling the obligations arising from these Terms
and Conditions, they shall act in good faith and with fairness, cooperating
with one another.
16.
Data Processing, Data Protection
Information regarding the
data processing conducted by the Service Provider is provided in the documents
titled "Data Processing Notice" and "Notice on the Use
of Cookies."
17.
Amendment of Terms and
Conditions
17.1.
The Service Provider reserves the right to
unilaterally amend the terms and conditions at any time without prior notice or
separate notification.
17.2.
Contracts
arising from individual orders are always governed by the terms and conditions
attached to the final confirmation of the order, which constitutes the
contract.
18.
Governing Law
18.1.
With regard to matters not covered by
these terms and conditions, the provisions of the following legislation shall
apply:
- REGULATION (EU) 2018/302 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on the prohibition of
unjustified geo-blocking of content and other forms of discrimination based on
the customer’s nationality, residence, or place of establishment within the
internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394,
as well as Directive 2009/22/EC,
- Act V of 2013 on the Civil Code,
- Act CLXIV of 2005 on
Commerce,
- Act CLV of 1997 on
Consumer Protection,
- Government Decree No. 45/2014 (II. 26.)
on the detailed rules governing contracts between consumers and businesses,
- Government
Decree No. 373/2021 (June 30) on the Detailed Rules Governing Contracts Between
Consumers and Businesses for the Sale of Goods, the Provision of Digital
Content, and the Provision of Digital Services,
- Act CVIII of 2001 on Certain Issues
Concerning Electronic Commerce Services and Information Society Services,
- Decree No.
19/2014 (IV. 29.) of the Ministry of National Economy on the procedural rules
for handling warranty and guarantee claims regarding goods sold under contracts
between consumers and businesses,
- Government
Decree No. 151/2003 (September 22) on Mandatory Warranties for Certain Durable
Consumer Goods,
- Act XLVII of
2008 on the Prohibition of Unfair Commercial Practices against Consumers, and
- Act XLVIII of 2008 on the Basic Conditions and Certain
Restrictions of Commercial Advertising.
19. Complaints,
Enforcement of Rights
19.1.
Consumer complaint: an objection raised by
a consumer against a business, directed at the conduct, actions, or omissions
of the business or a person acting on behalf of or for the benefit of the
business that are directly related to the distribution or sale of goods to consumers,
aimed at remedying an individual legal or interest-related grievance, with the
exception of claims for warranty of fitness for purpose, product warranty, or
guarantee.
Consumers may submit their complaints to the Service Provider by mail, telephone, or
email using the following contact information:
Mybettershelf
Kft.
Mailing
Address: Hungary, 1148 Budapest, Jerney Street 41, 3rd Floor, Door 12
Email
address:
info@mybettershelf.com
Phone: +36
20 365 3641
The Service Provider will
immediately investigate the verbal complaint and, if necessary, resolve it
immediately. If this is not possible, or if the Consumer disagrees, the Service
Provider will respond to the written complaint in writing within thirty days at
the latest, providing a substantive and verifiable response.
The Service Provider may
refrain from investigating a repeated complaint made by the same Consumer that
is identical in content to a previously answered complaint and contains no new
information, as well as a consumer complaint made by an unidentifiable person.
If the Consumer disagrees with
the Service Provider’s actions, or if an immediate investigation of the
complaint is not possible, the Service Provider is obligated to immediately
record a report regarding the complaint and its position on the matter, and to
provide a copy of said report to the Consumer on the spot in the case of a
verbal complaint communicated in person, in the case of a verbal complaint made
by telephone or electronically (provided that the Consumer provided their name,
address, or email address and has described the complaint in detail, presented
the necessary documents, and provided a list of other evidence), the Service
Provider must send it along with the written response to the complaint.
If the Service Provider
provides an electronic interface or form for submitting a written complaint, it
is required to immediately confirm receipt of the written complaint at the
email address provided by the Consumer.
The Service Provider is
required to assign a unique identification number to any complaint submitted by
the Consumer by phone or electronically.
If the Consumer’s complaint is
rejected, the Service Provider is required to provide a justification for the
rejection.
If the Consumer fails to
provide their name, address, or email address during the recording of the
complaint, and if they do not describe their complaint in detail, do not
present the necessary records, documents, and a list of other evidence , or if
the Consumer – with the exception of verbal complaints made by telephone or
other electronic means of communication – refuses to sign, in which case the
Service Provider is not obligated to respond to the written complaint.
The record of the complaint
must include the following:
- the Consumer’s name,
address, or email address,
- the place, time, and manner
of filing the complaint,
- a detailed description of
the Consumer’s complaint, and a list of the records, documents, and other
evidence presented by the Consumer,
- the Service Provider’s
statement regarding its position on the Consumer’s complaint, provided that an
immediate investigation of the complaint is possible,
- the signature of the person
recording the report and—except for verbal complaints made by telephone or
electronically—the Consumer’s signature,
- the place and time of the
report’s recording,
- in the case of a verbal
complaint communicated by telephone or electronically, the complaint’s unique
identification number,
- a warning that if the
Consumer fails to provide their name, address, or email address during the
recording of the report, and if they do not describe their complaint in detail,
do not present the necessary documents, records, and a list of other evidence,
or if the Consumer —with the exception of verbal complaints made by telephone
or other electronic means of communication—refuses to sign, the Service Provider
is not obligated to respond to the written complaint.
The Service Provider is
required to retain the minutes of the verbal complaint or the written
complaint, as well as a copy of its substantive response to the complaint, for
a period of three years, and to present them upon request by the supervisory
authority.
If the Service Provider
rejects the Consumer’s complaint, it is required to inform the Consumer in
writing of which authority or conciliation body may be contacted regarding the
complaint, depending on its nature. The information must also include the
address, telephone number, and website of the competent authority or the
conciliation body located in the Consumer’s place of residence, place of stay,
or—in the case of a non-natural person Consumer—place of business, as well as
the mailing address. The information must also specify whether the business
utilizes the conciliation body procedure to resolve consumer disputes.
If the consumer dispute
between the Consumer and the Service Provider is not resolved, the Consumer may
turn to the following bodies.
19.2.
Option to turn to a
conciliation board
The
Consumer may also request a free conciliation board proceeding regarding the
quality and safety of the product, the application of product liability rules,
the quality of the service, and the conclusion and performance of the contract
between the parties.
The
conciliation board with jurisdiction over the proceedings is the one based in
the place of residence or habitual residence of the natural person consumer, or
the registered office of the non-natural person consumer. (For the purposes of
the rules governing the conciliation body—with the exception of the application
of Regulation (EU) No. 524/2013 of the European Parliament and of the Council
of May 21, 2013, on online dispute resolution for consumer disputes and
amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC—a natural
person is considered a consumer) — in addition to natural persons acting as
consumers — a civil organization, a religious legal entity, a condominium,
housing cooperatives that purchase, order, receive, use, or consume goods, or
are the recipients of commercial communications or offers related to such
goods; furthermore, SMEs that utilize public services or, within the framework
of retail activities as defined by the Trade Act, purchase, use, or consume
products, or are the recipients of commercial communications or offers related
to such products.
Jurisdiction of
conciliation bodies:
Jurisdiction of the
Budapest Conciliation Board:
Budapest;
Jurisdiction of the
Baranya County Conciliation Board:
Baranya County, Somogy County, Tolna County;
Jurisdiction of the
Borsod-Abaúj-Zemplén County Conciliation Board:
Borsod-Abaúj-Zemplén County, Heves County, Nógrád County;
Jurisdiction of the
Csongrád-Csanád County Conciliation Board:
Békés County, Bács-Kiskun County, Csongrád-Csanád County;
Jurisdiction of the Fejér
County Conciliation Board:
Fejér County, Komárom-Esztergom County, Veszprém County;
Jurisdiction of the
Győr-Moson-Sopron County Conciliation Board:
Győr-Moson-Sopron County, Vas County, Zala County;
Jurisdiction of the
Hajdú-Bihar County Conciliation Board:
Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County;
Jurisdiction of the Pest
County Conciliation Board:
Pest County.
The
contact information for the conciliation boards can be found at https://www.bekeltetes.hu/index.php?id=testuletek.
In
the absence of the Consumer’s place of residence or temporary residence in
Hungary, the conciliation board with jurisdiction based on the Service
Provider’s registered office shall have jurisdiction:
Budapest Conciliation
Board
Address: Hungary, 1016
Budapest, Krisztina krt. 99, 1st floor, 111.
Mailing Address: Hungary,
1253 Budapest, P.O. Box 10
Phone: +36 1 488 2131
Email:
bekelteto.testulet@bkik.hu
Website: https://bekeltet.bkik.hu/
Upon
the consumer’s request, the conciliation body specified in the consumer’s
application shall have jurisdiction over the proceedings instead of the body
competent as described above.
The
conciliation body shall, upon the consumer’s request, provide in-person
hearings for consumers once a week as needed in the county-level cities within
its jurisdiction. In their request, the consumer may designate a different
conciliation body than those listed above.
The
service provider is obligated to cooperate in the conciliation body
proceedings.
Unless
the consumer specifically requests an in-person hearing, the conciliation body
shall conduct the hearing online via electronic means that simultaneously
provide audio and video transmission without the need for physical presence.
If
the consumer requests it, the conciliation board shall hold an in-person
hearing.
At
the online hearing, the business’s representative authorized to reach a
settlement is required to participate online. If the consumer requests an
in-person hearing, the business’s representative authorized to reach a
settlement is required to participate in the hearing at least online.
In
the event of a decision imposing an obligation, the costs of the proceedings
shall be borne by the business against which the Conciliation Board ruled. If
the consumer’s request is rejected, the parties shall bear their own costs.
The
conciliation board is a professionally independent body operated by the
designated county (capital city) chambers of commerce and industry. Its
jurisdiction includes the out-of-court resolution of consumer disputes
concerning the matters listed above: to this end, it attempts to reach a
settlement, and if this proves unsuccessful, it issues a decision in the matter
to ensure the simple, swift, effective, and cost-efficient enforcement of
consumer rights.The conciliation body provides advice, at the request of the
consumer or the business, on the rights and obligations of the consumer.
19.3. If the consumer’s place of residence and the business’s registered office
are in different countries but both within a Member State of the European
Union, or in the United Kingdom, Iceland, or Norway, the consumer may submit
their complaint to the European Consumer Center in their own Member State. You
can find contact information for the European Consumer Centers here.
The European Consumer Centre provides free assistance in resolving individual
cross-border consumer complaints, facilitating an out-of-court settlement
between the parties through substantive mediation.
The European Consumer Centre in the Service Provider’s place of business:
National Authority for Trade and Consumer Protection – European Consumer
Centre
Mailing Address: Hungary, 1536 Budapest, P.O. Box
324
Phone: +36 1 896 77 47
Email: info@magyarefk.hu
Website: https://www.magyarefk.hu/
19.4. A consumer may file a complaint
regarding the quality of the goods, or regarding the conduct, actions, or
omissions of a Service Provider (or its member or employee) or a person acting
on its behalf or for its benefit, the quality of the service, or the
application of liability rules, may contact the county government office with
jurisdiction over their place of residence in Hungary, acting as the consumer
protection authority. The contact information for the regionally competent
government offices can be found at
https://kormanyhivatalok.hu/kormanyhivatalok.
You may also file a consumer complaint with the consumer protection authority where the Service
Provider is headquartered:
Budapest Capital Government Office
Consumer Protection Department
Consumer Protection Division
Address: Hungary, 1117 Budapest,
Prielle Kornélia Street 4/b.
Mailing Address: Hungary, 1117 Budapest,
Prielle Kornélia Street 4/b.
Phone: +36 1 450 2598
Email: fogyasztovedelem@bfkh.gov.hu
Website: https://kormanyhivatalok.hu/kormanyhivatalok/budapest/megye/ugyfelszolgalat/budapest-1117-2
19.5.
Enforcement of Rights Through the Courts
The contracting parties shall cooperate with each
other to resolve any disputes out of court through negotiation in the shortest
possible time and at the lowest possible cost. If this does not lead to a
resolution, the User may, depending on the value of the claim, file a lawsuit
at the district court or regional court of their place of residence or
domicile, or at the Pest Central District Court or the Budapest Regional Court,
where the Service Provider is headquartered.
19.6.
Representative Action
Authorized organizations may bring representative
actions against businesses that violate EU and Hungarian consumer protection
law. These organizations may request that the court order the cessation or
prohibition of conduct infringing upon consumers’ rights , as well as redress
for the infringement, compensation, rectification, or even a price reduction.
A consumer cannot directly file a representative
action based on their own complaint and generally cannot initiate one. An
exception to this is the Public Prosecutor’s Office, to which a consumer may
submit a request asking the office to consider filing a representative action.
Consumer protection tasks are handled by the Chief Prosecutor’s Offices, whose
contact information can be found here:
http://ugyeszseg.hu/ugyeszsegek/fougyeszsegek/
A class action lawsuit is initiated by the public
interest prosecutor, but anyone may file a request with the prosecutor’s
office. The request is free of charge for all consumers. The prosecutor decides
whether to file the class action lawsuit and brings the case to court if the
legal conditions are met. The prosecutor does not initiate the class action
lawsuit on behalf of the individual consumer (complainant), but on behalf of
all persons affected or potentially affected by the violation. Consumer interests
are represented in court by the public interest prosecutor; consumers do not
personally participate in the proceedings, so they do not need to arrange for
legal representation, nor are they liable for litigation costs.
Other authorized organizations become aware of
activities that violate consumer interests through official channels, consumer
complaints received by them, and official inspections; based on a decision made
within their own jurisdiction, they may also file representative actions
against such activities.
The consumer protection authority publishes a list of
authorized organizations entitled to file representative actions on its
website. The list of authorized organizations is available by clicking here.
19.7. Enforcement of rights regarding the processing of
personal data
Users may exercise their
rights as described in the Privacy Policy with the Service Provider and before
the courts, and may also contact the National Authority for Data Protection and
Freedom of Information:
National
Authority for Data Protection and Freedom of Information
Address:
Hungary, 1055
Budapest, Falk Miksa Street 9-11.
Mailing Address: Hungary, 1363 Budapest, P.O.
Box 9
Phone: +36 1 391 1400
Email: ugyfelszolgalat@naih.hu
Website:
https://www.naih.hu/
If legal action is taken, the lawsuit
may—at the affected User’s discretion—be filed before the court of the User’s
place of residence or domicile, as adjudication of the lawsuit falls within the
court’s jurisdiction.
June 2, 2026
Mybettershelf Kft.