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This present document – GT&C in the following – will not be filed, and is only carried out in an electronic format in English and does not constitute a written contract.
This current GT&C covers the legal conditions on the website of the Service Provider (www.beorol.com). This current GT&C is continually available at: https://www.beorol.com
Data of the Service Provider (in the following: BEOROL HU Kft., or Beorol)
Name: BEOROL HU KereskedelmiésSzolgáltatóKorlátoltFelelősségűTársaság (BEOROL HU Limited Liability Company)
Headquarters and mail address (postal address): 1172 Budapest, Cinkotaiút 32.
Site: 1172 Budapest, Cinkotaiút 32.
Customer Service: 1172 Budapest, Cinkotaiút 32.
Phone: +36 30 559 3018
Landline phone: +36 1 253 0077
Email address: beorolshop@beorol.hu
Company registration number: 01-09-186367
Name of registering court of law: FővárosiTörvényszékCégbírósága
Tax number: 24860365-2-42
Name of data server provider: Beorol Srbija
Address of data server provider: Beorol Srbija (PatrijarhaDimitrija 121a, Beograd)
Data server provider available at: www.beorol.rs
No appointment has been made for a data protection representative at BEOROL HU Kft.
General information
For disputes not specifically described by this current GT&C and for their understanding the law of Hungary is to be used with special regard to Act V. of 2013 about the Civil Code and especially the Act CVII of 2001 about electronic commercial services and services related to information society and the relevant provisions of the Government Decree 45/2014. (II.26) about the detailed regulations for contracts between consumers and service providers.
This present GT&C will enter into force on 22nd of March, 2021 and is valid until revoked. The Service Provider is entitled to modify the GT&C unilaterally but the modifications will be published by the Service Provider 8 (eight) days before they enter into force on the website. Users by using the website accept the fact that all regulations regarding the use of the website will automatically be considered valid in their regard.
The users if they enter the website operated by the Service Provider or if they read its content in any way – even if they are not registered users – will accept the GT&C as valid in their regard.
Activity on website www.beorol.com (in the following: Website or Web shop)
BEOROL HU Kft. on the Website sell, by its business activity, painting and construction products, measuring device, tools, construction chemicals, personal protection equipment, garden products, household products, machines and equipment. BEOROL HU Kft. (in the following: BEOROL) does not subject itself under a code of ethics.
Condition of placing orders on the Website is that the Consumer (Buyer) accepts this present online GT&C as binding during the ordering process. By accepting this present online GT&C the Consumer accepts the fact that its order in the Web shop will constitute a liability for payment.
Products for sale
The products for sale: painting and construction products, measuring device, tools, construction chemicals, personal protection equipment, garden products, household products, machines and equipment.
The products for sale may only be purchased online. The prices displayed in conjunction with the products are indicated in € (EUR).
Beorol may only supply retail quantities, the extent of which is within the discretion of Beorol. In the Web shop BEOROL shall display the detailed name and description of the product along with a photo. The photos displayed on the product data sheets may differ from the actual appearance of the product. BEOROL does not assume liability for the differences between the photos displayed on the Web shop and the actual appearance of the product.
In case a sales campaign price is to be introduced, BEOROL shall give fully detailed information about the campaign and its timeframe to the Consumer.
In case despite all BEOROL’s efforts a mistaken price is displayed in the Web shop, with special regard to the obviously erroneous prices showing considerable differences to the publicly known, generally accepted or estimated market prices or prices appearing by system error ‘0 EUR’ or ‘1 EUR’ BEOROL is not liable to deliver the product at the mistaken price but may offer invoicing at the correct prices. By learning of this the Consumer may withdraw its purchase order.
Conditions for use
Liability
The Consumer uses the Web shop exclusively at its own risk and accepts that BEOROL may not be held liable for material or non-material damage arising from such use, apart from the intentional breach of contract and liability for breach resulting in damage in human life, health or bodily harm. BEOROL – apart from its liability for its own subcontractors – excludes all liability arising from the behaviour of the users of the Website and the Consumer is liable in full extent and exclusively for its own behaviour. The Consumer during its use of the Website is liable not to breach any third-party rights or legal regulations either directly or indirectly.
Copyright
The Website is a unique mixture of copyrighted material and other contents which is protected as a collective unit under 7. § of the copyright law LXXVI. of 1999. The protection of the collective unit is valid even if its certain parts and content elements may not be or cannot be protected under copyright law. The copyright for the whole of the collective unit is at BEOROL but it does not affect the individual rights of the authors and the beneficiaries of individual parts or legal entities forming part of the collective unit. The whole of the Website and its graphic elements, texts and technical solutions and the elements of the Service are under copyright or other rights pertaining to intellectual property (especially trademark). The Beorol (BEOROL) is the beneficiary or the rightful user of the copyright on the Website and of all displayed contents during the performance of services via the Website.
Other provisions
Beorol may not be held liable for failing to deliver of products ordered on the Website – by any of the couriers – and thereby the non-performance of the order if:
Delivery damage
The Beorol shall in every case ascertain that the products delivered are without any damage and properly packaged, of which a photo may be taken. In case the products to be shipped are fragile and easy to damage or the contents of the shipment may warrant special treatment the Beorol shall unequivocally record and display on the sheet ‘Fragile/Easy to damage’, ensuring thereby the necessary care to avoid potential damage during delivery.
We call the attention of our customers that during takeover of delivery either quantity or quality deficiency may be deemed or is determined he/she is entitled to file a damage report in the presence of the courier and should ask for such a report to be created. If no such report is created, it will constitute loss of rights to damages.
If a partial loss or damage cannot be recognised during takeover the Consumer may issue a written claim within 3 working days of legal deadline to the courier or BEOROL. Consequently, we call all our Customers to inspect goods received within 3 working days in every case if it was damaged or if it is missing parts as claiming for delivery damage may exclusively be possible within this 3 working days’ notice. To examine claims for damage the whole of the shipment – all contents including inside and outside packaging – needs to be made available for the courier service provider so this may be done directly by the Consumer. BEOROL does not accept any liability for damage in the shipment arising from delivery.
Withdrawal
the Consumer, if being an individual, may – as a main general rule – withdraw from the contract without any explanation within 14 days of takeover of the ordered product.
The Consumer is entitled to the right of withdrawal also in the period between closing of the contract and takeover of the product.
To exercise the right to withdraw the Consumer shall make a clear written statementand fill it electronically here. Beorol shall confirm delivery or withdrawal by email, in condition the Consumer sends its statement within the due deadline to us in a verified way.
In case of withdrawal all direct costs of return to BEOROL shall be borne by the Consumer.
The Consumer is liable for any loss of value arising from the use beyond the necessary use to determine the product features, qualities and functions. It is not liable for loss of value if we do not fulfil our obligation for information on the details of withdrawal as per Government Decree 45/2014. point i) of (1) section of 11.§
In case of withdrawal the Consumer shall return the products immediately butwithin 14 days from the day on which he has communicated his decision to withdraw from the contract to the trader in accordance with Article
If the withdrawal happens by the Consumer and the product was delivered to the Consumer by BEOROL and by its nature it cannot be shipped back as a postal parcel BEOROL shall arrange for the return and all costs to be borne by the Consumer.
The Consumer shall not return the product by post with collection at delivery or any other way to be paid for by BEOROL and in such cases BEOROL shall not be obliged to take over the product.
In case of withdrawal the Consumer shall retain the original packaging and the product shall be returned in its original packaging.
The returned product shall be examined by the staff of BEOROL and if it is complete and undamaged, we shall reimburse by the Consumer immediately – but latest within 14 days upon reception of the withdrawal claim – back to the Consumer as a main rule by the same method the Consumer used for its payment.
BEOROL may hold back the price until the Consumer returns the product or shows evidence that it has sent the product back to BEOROL.
BEOROL reserves the right to claim damages incurred from improper use of the product from the Consumer.
The claim for withdrawal may be extended to the accompanying contract (sales or services contract in connection with the current contract by us or by any third person contracted by us).
You may read the full text of the Government Decree 45/2014. (II.26.) about withdrawals here.
Liability, warranty
For products sold in our Web shop BEOROL transfers the warranty from the manufacturers or in lack thereof assumes warranty as per compulsory product warranty for consumers durables as per Government Decree 151/2003. (IX. 22.) About the warranty period the Ordering Party receives information on the product datasheet. The groups of products under the compulsory warranty are listed in the annex of the government decree indicated above.
Warranty does not cover faults if its cause happens after the handover of the product to the Ordering Party, for example if the fault happens by
In case of product liability the Ordering Party is entitled to warranty and product warranty as described in the Act V. of 2013. 6:173. § (2) by the Civil Code and in 6:159-167. § and 151/2003. (IX. 22.) Government Decree and in Civil Code 6:168-170. §.
In case of faulty products, the Ordering Party is entitled to liability, product liability and compulsory warranty rights as follows:
Liability for materials
The Ordering Party (Buyer)
- may primarily – as per its choice – demand repair or replacement except if the chosen liability claim is impossible to fulfil or if our Company would suffer disproportionally high costs compared to other liabilities.
- if the Ordering Party is entitled neither to claim repair or replacement or if the repair or replacement is not possible within a suitable deadline or cannot be performed without causing considerable inconvenience to the Ordering Party the Ordering Party may – as per its choice – may demand for a proper price discount or may have the product repaired at the expense of BEOROL or in a final case may withdraw from the purchase contract. Withdrawal for minor faults is not possible.
The Ordering Party may switch from one liability right to another, the cost of the switch shall be covered by it except if the switch was caused by our behaviour or if the switch was justifiable.
If the Ordering Party claims for replacement within 3 days of purchase because of a product fault BEOROL shall replace the product notwithstanding the disproportionally high costs provided the fault makes the proper use of the product impossible. The Ordering Party shall retain the packaging for 3 working days and in case of complaints shall return the product to BEOROL or to its repair service contractor with its original packaging and auxiliaries.
The Ordering Party shall report the fault immediately but not later than 3 working days upon noticing the fault. In the same time the Ordering Party may not claim for liability beyond the 2 years of limitation period within the completion of the sales contract. In case of used products this period is 1 year.
Claiming for liability for materials: within 6 months of completion of the contract there is no further condition to the claim beyond the communication of the fault if the Ordering Party can prove the product (or the service) was supplied by BEOROL. After 6 months of completion of the contract the Ordering Party shall also prove that the fault discovered was already in place at the time of completion of the contract.
Product liability
In case of movable assets (products) for faults the Ordering Party – as per its choice – may claim for rights under the section Liability for materials or Product liability.
As a claim for Product liability the Ordering Party may only as for repair or replacement of a faulty product. A product is considered faulty if it does not comply with the quality standards applicable at the time of its sale or if it does not have the features within the product description made available from the manufacturer. The Ordering Party may submit claims for product liability within 2 years of the sales by the manufacturer. After this deadline this liability is void. This liability claim may only be submitted to the manufacturer or distributor of the product (in case of products purchased in the Web shop the claim may be therefore against the manufacturer or BEOROL). By submitting the claim for product liability, the fault of the product shall be proven by the Ordering Party. The manufacturer (distributor) may only be exempted from its obligation for product liability if it can prove that: - the product was not manufactured or marketed in conjunction with its business, or the fault may not have been recognised at the time of marketing by the actual stand of technology and science or the fault of the product arises from applying compulsory authority regulations. The manufacturer (distributor) may prove one of these points to be exempted from its liability. For the same fault liability for materials and product liability may be not claimed parallelly and in the same time. In case of a successful claim for product liability the Ordering Party may claim for liability for materials for the replaced product or the repaired component from the manufacturer. The repair or the replacement – considering the features of the product and the destination of use by the Ordering Party as the user – will be performed by BEOROL within the proper deadline without causing considerable inconvenience to the Ordering Party. BEOROL strives to complete the repair or the replacement within fifteen days.
During repair of the product only new components may be used.
Warranty period may not include the time of repair when the Ordering Party is not capable of using the product as intended. In case of a replacement or repair of the product or its main component the warranty period for the replaced or repaired part and for the fault arising from the replacement starts over. By fulfilling the liability for warranty and by re-establishing the contractual conditions all costs – including especially the material, labour and transfer costs – shall not be borne by the Ordering Party. Products with fixed installation, of weight exceeding 10 kgs or products that may not be carried as hand package by means of public transportation – except vehicles – shall be repaired at the place of use. If the repair cannot be carried out at the place of use, the disassembly and assembly and the transportation to and from the pace of use will be arranged for by BEOROL.
Warranty may not affect your rights by the law. The claim for warranty may be submitted with the warranty document. In lack thereof if the Ordering Party wishes to claim for warranty the existence of the purchase contract may be considered as proven, if the document of payment is presented. The Ordering Party shall retain the purchase invoice or receipt as the warranty document lost may only be replaced by BEOROL if the invoice with product details, date and stamp is available. The Ordering Party may claim for warranty at BEOROL as distributor but for a more effective procedure at the request of BEOROL it shall claim the request for repair directly at the manufacturer. The data of BEOROL’s repair partners is available on the warranty document.
By submitting a quality claim – according to the Decree of The Ministry of Commerce (NGM) for the procedures of warranty and liability claims for products sold (19/2014 (IV.29) 4. §) and with the contents described therein a report will be produced between the Ordering Party and BEOROL from which the Ordering Party receives a copy. It shall then check if at the takeover of the product for repair the receipt as per 6. § of the NGM Decree has been made.
In case of warranty the faultless state of the product at the time of purchase shall be proven by the distributor.
Ways of legal claims
Place, time, procedure of claims and ways of legal claims
Place of submitting claims
The Consumer (Buyer) may submit its consumer claims about the product or the activity of BEOROL at the following contacts:
Mail address: 1172 Budapest, Cinkotaiút 32.
e-mail: reklamacio@beorol.hu
Procedure of claims
BEOROL accepts Consumer claims, submitted in written form. Here you may fill your complaint. Your claim shall be given an identification number, which allows you to communicate the procedure with us. BEOROL shall send a written decision to your email address within 30 days. In case of refusal of the claim BEOROL shall inform the Consumer about the reasons of refusal.
Ways of legal claims
In case the Consumer detects the breach of its consumer rights it is entitled to report its claim to the consumer protection authorities at its domicile. After the claim has been accepted the authorities will decide on the way the procedure of consumer rights will follow. The first-degree authoritative tasks for the protection of consumers’ rights are performed by the government offices as per the location of the consumers’ domicile, the list of which is available at: http://jarasinfo.gov.hu/.
Legal disputes
If the potential legal dispute between BEOROL and the Consumer cannot be settled by negotiations the following ways of legal claims are available for the Consumer:
Start of procedure by the Body of Conciliation at the local conciliatory body of the domicile of the Consumer. The list of local bodies of conciliation may be downloaded at: https://bekeltetes.hu/index.php?id=testuletek.
To start of a court procedure for the settlement of consumers’ legal dispute online: based on the Decree of the European Parliament and Committee (2013 05.21 524/2013/EU, in the following: the Decree) on the online settlement of consumers’ legal disputes and on the modification of the Decree 2006/2004/EK and the principles 2009/22/EK (online principles on consumers’ legal disputes) the European Committee established an online platform to settle legal disputes which is available since 15.02.2016 for any legal disputes between parties concluding online sales or services contracts both for consumers and distributors. The effect of the decree directly covers distributors settled in the EU and having headquarters in Hungary affected by online sales or services contracts if in conjunction with these contracts legal disputes arise between them and their consumers. In case of such legal disputes that go beyond borders the dispute in Hungary about a Web shop in the EU will be exclusively ruled by the conciliatory body at the Chamber of Commerce and Industry in Budapest. In order for you to be able to use this online legal settlement platform you need to register in advance in the system of the European Commission.
Having registered in the system of the European Commission you may access the online dispute settlement platform at the following link: http://ec.europa.eu/odr. After reaching the site, please choose your language, enter your account and follow the instructions.
If you have more questions about the online settlement of legal disputes beyond country borders you may get further information from the Budapest Body of Conciliation: 1016 Budapest, Krisztina krt. 99. III. em. 310. Mail address: 1253 Budapest, Pf.: 10. E-mail: bekelteto.testulet@bkik.hu, onlinevita@bkik.hu Fax: 06 (1) 488 21 86 Telephone: 06 (1) 488 21 31.
Subscribing to newsletter:
For Ordering Parties that by registering ticked the field ‘I’d like to receive information on campaigns by email’ and thereby expressed their intention to receive newsletters sent by the Web shop BEOROL will register their email address for the list of newsletter recipients and will send the newsletters in the future. After registering for the newsletter BEOROL will send a conformation email to the Consumer with information on the ways and possibilities of unsubscribing.
Cookies
BEOROL’s homepage uses cookies about you find detailed information in the Data Protection section.
We wish you successful purchases!
With best regards,
Beorol HU Kft.
March 2021, Budapest
