General conditions

GENERAL TERMS AND CONDITIONS

 

These General Terms and Conditions (hereinafter: GTCs) set out and regulate the rights and obligations of TRACON BUDAPEST Ipari, Kereskedelmi, Közvetítő és Tanácsadó Korlátolt Felelősségű Társaság (a company registered by the Company Registry Court of Budapest Environs Regional Court under the number Cg. 13-09-061744; its registered address: 2120 Dunakeszi, Pallag utca 23., statistical identifier: 10406218-4690-113-13, tax ID: 10406218-2-13 Community Tax ID: HU10406218., represented by: Lóránd Gömbös, Managing Director), as service provider (hereinafter:“the Service Provider”),

, as well as any customer using the e-commerce services provided by Tracon Budapest Kft (hereinafter: “the Partneror “you”)

(Service Provider and you jointly referred to as: the Parties”).


I
Introductory provisions


1 These GTCs shall apply to all transactions between the Service Provider and you subject to Act CVIII of 2001 on Certain Issues related to E-commerce Services and Services related to the Information Society (hereinafter: “the E-commerce Act”) and completed at the electronic marketplace at www.tracon.huand/or www.traconelectric.com websites (hereinafter: “the Tracon Webstore) irrespective whether it is delivered from Hungary or from abroad, by the Service Provider or its agent.

2 Furthermore, the scope of these GTCs shall cover any other transaction concluded by and between the parties specified herein. In any issues not specified in these GTCs, the effective laws of Hungary, in particular the provisions of Act V of 2013 on the Civil Code (hereinafter: Civil Code) shall be applicable.

 

3 Contact details of the Service Provider:

- Registered address and postal address: 2120 Dunakeszi, Pallag utca 23.

- Customer Service,

The Customer Service office is located at 2120 Dunakeszi, Pallag utca 23.

E-mail Address for Customer Service: ertekesites@tracon.hu

Customer Service business hours: Monday to Friday 8 a.m. to 4 p.m.

Telephone Number: +36 27 540 000 (available on weekdays and working days)

Fax Numbers: +36 27 540 005 (available on weekdays and working days)

- Additional E-Mail Address: info@tracon.hu

- bank account number: Budapest Bank Zrt. 10102086-15526702-00000004;

 

II
 Establishment of a contract concluded by and between the Parties electronically or in other ways

4 Purchases in the Tracon Webstore take place via orders submitted electronically, in accordance with these GTCs.


5 All legal persons, entities without legal personality and private individuals are entitled to use the Tracon Webstore’s services.
you agree that any information set out in the Tracon Webstore are for information only, and that the Service Provider waives any liability for the information set out in the Tracon Webstore, or for material and non-material losses resulting from the use of the Webstore, unless the damage is caused intentionally, with gross negligence or by way of a crime.

6 Certain part of the services shall be available for all users, even without registration. However, the use of all services shall be subject to registration (and then logging on), after the user acknowledges these GTCs as binding.

7 The Parties’ agreement shall be established, after the completion of all mandatory fields of the order form and the verification/correction (if applicable) of the submitted data, by clicking on the “Confirm Cart” function. After submitting an order and before its delivery, the contract can be amended or cancelled freely and without any legal consequence. Amendments and cancellations can be notified via the phone or e-mail contacts specified in the Tracon Webstore.

8 Any contract concluded by the Parties in line with Section 7 shall be considered as a written agreement; it shall be recorded and kept by the Service Provider for the period set out in the effective legislation.

9 Any commercial transactions (e.g. submitted orders) between the Parties that you conclude via the Service Provider’s Customer Service or sales representatives (i writing, in person or via the phone) shall also qualify as a contract.

10 Upon your written request the Service Provider shall provide information on the content of the contracts between the Service Provider and you.

11 Contracts shall be concluded in the Hungarian language.

12 The Service Provider shall not submit itself to the provisions of any Code of Conduct.

 

III
Registration

13 Registration can take place by completing the form in the Homepage Registration menu. Login to the Tracon Webstore is only possible after clicking on the link in the activation a-mail. By the registration to the Tracon Webstore, you declare that you have read and acknowledged the terms of the Privacy Policy and that you grant your consent to the data processing as set out in the Privacy Policy.

14 The Service Provider shall not be liable for any late deliveries, or other issues and errors arising from erroneous and/or inaccurate data provided by you. The Service Provider shall not be liable for damages arising from forgotten passwords or passwords disclosed to unauthorised parties for any reason not attributable to the Service Provider. Any earlier specified data can be altered in the Amendment of Personal Data menu, available after log in and clicking on the Edit Personal Data menu; this might affect the particulars of orders already submitted. The Service Provider shall not be liable for any damage or error arising from the alteration of the registered data by the customer.

 

IV 
Ordering

15 Material features, characteristics, and instructions for the use of the goods are available at the Information Page for the relevant goods, as well as from the Instructions provided with the goods. It shall qualify as proper performance by the Service Provider where goods have more favourable features than those specified in the Webstore or in the Instructions. If you have queries on goods, these can be addressed to the Customer Service in person, via the phone or e-mail who will be happy to help. Where it is provided by the law, the Service Provider provides Instructions for the goods it distributes. If you do not get the mandatory Instructions with the goods, you shall be required to notify the Customer Service thereof immediately, before the commencement of the goods' use; missing Instructions will be provided by Customer Service without delay. Where you need more detailed information on the goods' quality, essential features, usability than those provided on the website, these can be obtained at the Customer Service. Customer Services contact details are set out in Chapter I to these GTCs.

16 Any purchase prices displayed next to the selected goods are net, exclusive of Value Added Tax. Product prices are exclusive of delivery costs. Partners with granted discounts shall be entitled to the discounts for their online purchases. The price displayed in the “Discount net price” column next to the goods is net, with the actual line discount deducted. The Service Provider shall be entitled at its sole discretion to set and grant the line discount. The Service Provider shall be entitled to amend the system of line discounts unilaterally, of which you shall be given advance written notifications in any case.

17 The Service Provider shall arrange for the home delivery of the orders in stock, in accordance with the selected carrier’s tariffs and transit times. The Service Provider shall not undertake deliveries at a pre-defined date or time. Delivery charges are displayed in the invoice and in the confirmation e-mail. If a Partner submits several orders within the same day, their home delivery will be charged separately.

GLS tariffs and transit times (Excel-table) TNT tariffs and transit times (Excel-table)

18 The Service Provider reserves the right to change the price of goods available for ordering from the Tracon Webstore, provided that amendments shall take place upon their being posted on the Tracon Webstore. Amendments shall not affect the purchase price of goods already ordered. For online payment via bank cards, no refund can be granted for price decreases in the period between the electronic payment notification being posted and the receipt of the goods. Security verifications for online payment transactions require a minimum of 24 hours; goods can only be received after this period.

19 Where, despite due diligence on the Service Provider’s side, any erroneous prices are posted on the Tracon Webstore interface, in particular obviously erroneous prices e.g. materially different from the publicly known, generally accepted or estimated price of the goods or unrealistic "0" or "1" HUF price tags appearing as a consequence of a system failure, the Service Provider shall not be required to deliver the goods at the wrong price but it can offer delivery at the correct price, and being aware of this price, you can withdraw from the purchase. Images used in the Tracon Webstore are for illustrative purposes only; actual goods can differ in their appearance.

20 Orders shall be accepted by the Service Provider only from registered Partners and only where each field required for an order is completed. Where you fill in a field erroneously or incompletely, you will receive an error message from the Service Provider. The Service Provider shall not be liable for any late deliveries, or other issues and errors arising from erroneous and/or inaccurate order data provided by you.

21 Orders can be submitted after registration and logging in to the Tracon Webstore using the Cart. you can place the chosen goods to the Cart by using the “Add to Cart” button. The Cart’s contents can be reviewed and amended by clicking on the “Cart” icon. After the finalisation of the Cart, you can choose delivery and payment methods and specify invoicing and delivery details.

22 Orders are submitted upon clicking “Finalise Order”, creating a payment obligation on your side.

23 By submitting an order, you confirm that you agree to and acknowledge these GTCs as binding.

24 You can correct erroneous data in your order in Tracon Webstore in any phase of the order process by using the order interface before sending it to the Service Provider electronically (e.g. removing goods from the Cart by clicking on the “Delete” button).

 

V
Binding orders, confirmation

25 Upon receiving an offer (order) from you, the Service Provider shall be required to confirm the receipt of your offer (order) immediately electronically, via e-mail. This confirmation e-mail shall include your data submitted during the purchase transaction or registration (e.g. invoicing and delivery information), order ID, the order date, names and quantities of the ordered goods, product prices, delivery and payment method, and the total amount due for your order. This confirmation order merely informs you that your order was received by the Service Provider.

26 If you do not get any confirmation within 48 hours following the submission of your order, then the Service Provider will automatically be released from its obligation to deliver and you will be released from your obligation to purchase without any further condition. If you detect an error in an order already submitted to the Service Provider based on the confirmation, you have to notify the Service Provider within one day.

27 Any dates confirmed in the order confirmation’s Availability column are for information only; actual delivery dates depend on whether the goods are in stock or need to be procured by the Service Provider. If the delivery deadline set in the confirmation exceeds 15 days, you can withdraw from this contract . you can also withdraw from this contract if the Service Provider is fails to deliver for more than 15 days compared to the delivery deadline specified in the confirmation. If a force majeure event, such as war, natural disasters, strike, business outages, act of an authority, seizure, track obstruction or production outage at the supplier occurs, the Service Provider will be exempted from its obligation to deliver and to meet the agreed delivery deadline. In such a case, the Service Provider shall make every effort to resume deliveries as soon as possible.

28 Orders qualify as contracts concluded by electronic means, subject to the Civil Code and the E-commerce Act. This contract shall be subject to Government Decree 45/2014 (II.26.) On detailed rules applicable to agreements between consumers and businesses in conjunction with the provisions of Directive (EU) 2011/83 of the European Parliament and the Council on consumer rights.

29 Ordered goods can be picked up from the Service Provider’s premises by 4 p.m. on business days.

 

VI
Delivery and payment terms

30 Any goods chosen and ordered from the Tracon Webstore will be delivered by the time specified in the order confirmation sent to you by the Service Provider, to the address specified during the order process (see Section 17). Upon your prior request, any ordered goods can be picked up from the Service Provider’s headquarters. Where goods are delivered by the Service Provider to you, risks shall pass at your headquarter or the destination specified by you, upon the handover of the goods. Loading shall be at the risk of the party performing it or the party that instructed the carrier to load the goods. Where you deliver the goods risks shall pass upon loading the goods to your mean of transportation, provided that loading is performed by the Service Provider. Where you or your carrier loads goods to the mean of transportation, risks shall pass upon handover to you, at the Service Provider’s premises. The Service Provider reserves the right to amend the delivery charges, provided that amendments shall take place upon their being posted on the Tracon Webstore. Amendments shall not affect the purchase price of goods already ordered.

31 The Service Provider shall deliver goods ordered on business days before 4 p.m. the next business day between 8 a.m. and 5 p.m. using its own means of transport or by engaging a carrier (See Sections 17 and 30). The Service Provider is unable to promise delivery at a specified time. Any deadlines set out in this Section are for information purposes only and shall not be mandatory for the Service Provider; expected delivery deadlines shall be set out in the order confirmation in any case. You shall be required to receive the goods at the time specified in the order confirmation or agreed with the Service Provider’s Customer Service. Where you fail to receive your order upon delivery, the Service Provider shall be entitled to sell the goods to third parties.

32 Any services ordered from the Tracon Webstore must be performed by the Service Provider at the location specified in the order confirmation email.

33 For new Partners, the Service Provider shall request cash payment in the early stages of the relationship, and later, when the business relationship becomes established and at the Partner’s request, bank transfer payment will be possible, up to a pre-defined limit. Where a Partner has any overdue uncleared invoices, it will only be served by the Service Provider against a cash payment. Where a bankruptcy or liquidation procedure is initiated against a Partner, the Service Provider shall be entitled to make any deliveries conditional upon cash payment. By your purchase you agree that in the event of late payment, a default interest will be charged by the Service Provider. The default interest rate shall be as set out in the effective provisions of the Civil Code. Where the Partner’s payment delay exceeds 15 calendar days, the Service Provider shall be entitled to engage a debt collection agency or a law firm (hereinafter: Debt Collector). In such cases the Debt Collector shall charge a debt recovery fee or legal fee (hereinafter: debt recovery fee) in the amount of a maximum of 10% of the gross debt but a minimum of HUF 10,000 + VAT. This debt recovery fee shall be due from the date of the first notification letter sent to the Partner. The Debt Collector shall be entitled to enforce its costs incurred in connection with the collection of the monetary debt, in addition to the debt recovery fee. By the purchase transaction, you grant your consent, without the need for a separate statement, to the Debt Collector entitlement to invoice its debt recovery fee and its costs directly to the Partner, subject to an 8 day payment deadline. In the event of a payment delay exceeding 60 calendar days, the Service Provider shall be entitled to claim, instead of the payment of the debt recovery fee, a flat rate collection charge as set out in Article 6:155 (2) of the Civil Code. The Service Provider shall provide the opportunity for account mediation with its Finance Department (via an email sent to penz@tracon.hu or by calling the number specified under the Contacts menu). Offsetting the Partner’s Payment obligations shall be allowed against claims acknowledged by the Service Provider or established in a final court decision.

34 In the event of ordering goods, you are required to verify the package contents upon delivery and to sign the delivery receipt if the delivery is complete. After this verification, the Service Provider shall not accept any objections regarding the quantity and packaging of goods. Only parcels with the safety band affixed by the Service Provider shall qualify as an undamaged, unopened and original consignment. If you detect any damage or difference to the parcel, the carrier shall be required to hand over the goods item by item and to draw up a delivery report on the  spot. The carrier shall be liable for any damage occurred in this manner.

35 Partners can return any purchased goods to the Service Provider, subject to the decision made at the discretion of the Service Provider, if they are unable to sell or use the goods purchased from the Service Provider for any reason. This return option shall be available for goods that can be resold, excluding in particular but without any limitation to discontinued lines. Where the relevant line is not discontinued but its packaging has changed; goods procured by the Service Provider for a specific order; goods in damaged packaging; goods in presentation other than the one used by the Service Provider; goods not originating from the Service Provider, opened goods or goods injured or incomplete from other reasons etc.

 

VII
Right of withdrawal

36 This Chapter applies only to private individual acting outside their profession, trade, or business, purchasing, obtaining, using or availing of goods, or the addressee of a goods related commercial communication or offer (hereinafter “the Consumer”).

Consumer’ shall be entitled, for contract for the supply of goods to withdraw from the contract without giving its reasons within fourteen(14) days after the receipt of

  • the goods from the receipt by the Consumer, or by a third party other than a carrier,
  • for the supply of several goods supplied in different points in time, the product received last,
  • for goods comprising several batches or units, of the batch or item provided last,
  • if the product is to be supplied regularly for a specified period of time, of the first supply.

37 Consumers shall be entitled to exercise its right of withdrawal in the period between the contract conclusion date and the delivery date of the goods.

38 Consumers shall not be entitled to exercise this right of withdrawal for goods, whose price is subject to money market volatility that is not controllable by the business even during the period available for withdrawal and for customised goods produced in line with the Consumer’s instructions or specific requests or goods clearly tailored to the Consumer’s needs.

39 Where the Consumer intends to exercise its right of withdrawal, it shall be required to submit its unambiguous written statement to this end (e.g. via mail, telefax or an electronic mail) to the Service Provider’s contacts specified in Chapter I of these GTCs. To this end the Consumer can use the withdrawal form template attached to the order confirmation email as also available via the following link. The Consumer exercises its right within the deadline if it sends its withdrawal statement to the Service Provider before the expiry of the above specified deadline.

40 The Service Provider shall confirm the receipt of the Consumer’s statement of withdrawal without delay.

41 The Consumer withdrawal shall qualify timely if the Consumer sends the relevant statement within 14 calendar days (even on the 14th calendar day) to the Service Provider.

42 For statement received via the post, the Service Provider counts the deadline based on the letter’s posting, or the transmission date and time if the statement is sent via e-mail or fax. Consumers shall post their letters as registered mail in order to enable the verification of the posting date.

43 In the event of withdrawal, Consumers shall be required to return the ordered goods to the Service Provider without undue delay, but within 14 days following the communication of the statement of withdrawal at the latest, to the Service Provider’s premises.

44 The above deadline shall be met if the Consumer dispatches the goods by the expiry of this 14 day deadline (mails it or hands it over to a carrier ordered by it).

45 Expenses incurred by the return of the goods to the Service Provider’s address shall be borne by the Consumer unless the Service Provider committed to pay these costs. Upon the Consumer’s request the Service Provider arranges for the return delivery, however, the cost of return arranged by the Service Provider will be borne by the Consumer; in such cases the Service Provider shall not commit to pay the costs of the return delivery arranged by it, it merely assists the Consumer to relieve it from the burden associated with the arrangement of the return delivery. Consumer requests to this end shall be addressed to the Service Provider’s Customer Service.

46 The Service Provider shall not be required to receive any parcels posted with ‘payment upon delivery’ terms. Apart from the return delivery costs, the Consumer shall not be required to pay any other costs in connection with the return.

47 Where a Consumer withdraws from the contract, the Service Provider shall refund all consideration made by the Consumer, within 14 days following the receipt of the statement of withdrawal from the Consumer, including the delivery costs paid by the Consumer (for the delivery of the goods), excluding extre costs arising from the fact that the Consumer opted for a delivery method other than the most affordable normal delivery offered by the Service Provider. The Service Provider shall be entitled to suspend the refund pending the return of the goods or the certification of dispatching the goods by the Consumer. From these options the earlier shall apply to the Service Provider.

48 The Service Provider applies the same payment method applied during the original transaction unless the Consumer expressly consented to using another payment method. No additional costs shall be borne by the Consumer by reason for using this payment method.

49 The Consumer shall only be held liable for any decrease in the value of the goods if it is due to a use exceeding the extent required to verify the nature and the characteristics of the goods.

50 The Service Provider can claim compensation for the decrease in the value due to the goods use exceeding the extent required to verify the nature and the characteristics of the goods.

 

 

VIII
Warranty

51 In the event of defective performance, the Service Provider shall be subject to a guarantee and a warranty in accordance with the provisions of the Civil Code and Government Decree 151/2003 (IX.22.) on the mandatory guarantee for durable consumer goods, however, unless it is expressly committed, the Service Provider shall not warrant that the goods will be suitable for a particular purpose intended by the Partner. The Service Provider shall be exempted from its guarantee obligations if it proves that the reason for the defect occurred after the performance.

52 This guarantee period shall commence to run upon the goods handover to the Partner, or, if commissioning is performed by the Service Provider or its contractor, on the commissioning date.

53 Durable consumer goods shall be any goods listed in the Annex to the above referred Government Decree. The Service Provider shall provide warranty for the goods it sold in the Tracon Webstore, for the duration set out in the Goods description. Under the above referred Decree, warranty period for consumer goods shall be one year. The Service Provider shall communicate the duration of the warranty period applicable to the goods through the data specified in the documentation supplied to the goods upon delivery at the latest (guarantee/warranty form).

54 The Service Provider shall not be liable for any failure caused by improper commissioning or use by the Consumer, or ignorance of the Instructions, inappropriate storage, inappropriate operation, abuse, failure to perform the required maintenance or acts of God and natural disasters.

55 Under its warranty claim, the Partner shall be entitled to opt for:

a) either the repair or replacement of the goods, unless the elected warranty claim is impossible to be met or it would result disproportionate additional costs to the Service Provider, compared to another warranty claim, tkaing into account the value of undamaged goods, the gravity of the breach, and the injury caused to the Partner by the meeting of this warranty claim, or

b) where the Service Provider refuses to undertake the repair or the replacement of the goods, or it is unable to meet this obligation within an appropriate deadline, keeping in mind the interests of the Partner, or the Partner’s interest to the repair or replacement lapsed, the Partner can opt for the decrease of the purchase price or repair the Product himself or have the defect repaired at the Service Provider’s cost or withdraw from the contract. No withdrawal can take place on the ground of negligible defects.

56 Where the Partner enforces a claim for replacement within three working days from the purchase (commissioning) date, the Service Provider shall be required to replace the goods provided that the defect prevents ordinary use. Any repair and replacement shall be performed within an appropriate deadline, taking into account the characteristics of the goods and the expected purpose of the goods, keeping in mind the Partner’s interest. The Service Provider shall seek to perform any repairs and replacements within 15 days at the latest.

57 Upon repair only new parts can be installed in the goods. The period of repair, during which the Partner was unable to use the goods for their intended purpose shall not count towards the warranty period. The warranty period shall restart, if the goods or parts of the goods are replaced, for the replaced (repaired) goods (part of goods) with regard to any defects occurring with regard to the replaced (repaired) goods (part of goods).

58 Any costs incurred in connection with the performance of the warranty obligation shall be borne by the Service Provider.

59 The Partner shall not be entitled for parallel no-defect warranty and warranty claims on the ground of the same defect, and no no-defect warranty and warranty claims can be enforced concurrently. Notwithstanding the above, the Partner shall be entitled to guarantee rights independently from no-defect warranty and warranty rights.

60 Guarantee shall not affect the enforcement of the Partner’s statutory rights, in particular no-defect warranty and warranty rights.

 

IX
No-defect warranty

61 The Service Provider shall be subject to no-defect warranty for defective deliveries.

62 Under its no-defect warranty claim, the Partner shall be entitled to opt for:

a) either the repair or replacement of the goods, unless the elected no-defect warranty claim is impossible to be met or it would result disproportionate additional costs to the Service Provider, compared to another no-defect warranty claim, taking into account the value of undamaged goods, the gravity of the breach, and the injury caused to the Partner by the meeting of this no-defect warranty claim, or

b) claiming the proportionate reduction of the purchase price, repair the Product himself or have the defect repaired at the Service Provider’s cost or withdraw from the contract, where the where the Service Provider refused to undertake the repair or the replacement of the goods, or it is unable to meet this obligation within an appropriate deadline, keeping in mind the interests of the Partner, or the Partner’s interest to the repair or replacement lapsed.


63 No withdrawal can take place on the ground of negligible defects.

64 Any repair and replacement shall be performed within an appropriate deadline, taking into account the characteristics of the goods and the expected purpose of the goods, keeping in mind the Partner’s interest.

65 The Partner can switch from the chosen no-defect warranty right to another. It shall be required to reimburse the Service Provider any costs caused by this switch unless this switch is caused by the Service Provider or this switch was otherwise justified.

66 After the detection of the defect the Partner shall be required to communicate this defect to the person subject to the no-defect warranty obligation. Any defects communicated within two months following the detection of the defect shall be considered as timely communication. The Partner shall be liable for any damage arising from the late communication.

67 The Partner’s no-defect warranty claim shall be forfeited after two years following the delivery. The period of repair, during which the Partner was unable to use the goods for their intended purpose shall not count towards this limitation period. The limitation period shall restart to run again for the portions of the goods affected by replacement or repair. This rule shall apply for the case where new defetcs occur as a consequence of the repair. The Partner shall be entitled to enforce its no-defect warranty rights as an objection against any claim arising from the same contract even if the no-defect warranty claim is forfeited.

68 Any costs incurred in connection with the performance of the no-defect warranty obligation shall be borne by the Service Provider. Where failure to comply with the maintenance obligation by the Partner contributed to the defect, the Partner shall be required to bear the costs incurred in connection with meeting the warranty obligation pro rata to this contribution if it was aware of the knowledge required for the maintenance or if the Service Provider met its information obligations in this regard.

69 In the event of replacement or withdrawal the Partner shall not be required to reimburse the value decrease of the goods resulting from their orderly use for their intended purpose.

 

X
Product liability

70 In the event of a defective good (movables) Partners qualifying as Consumers can enforce a no-defect liability or a product liability claim. However, the Partner shall not be entitled to the right to enforce a no-defect liability and product liability claim parallel, concurrently for the same defect. However, for goods replaced as a result of a successful product liability claim, it can enforce its no-defect liability claim for the replaced product and the repaired part against the manufacturer of the goods. In this case, the producer and the distributor of the goods shall qualify as manufacturers.

71 In the event of a defective good (movables), the Partner can claim that the Service Provider repair the defect in the goods, or replace the goods, if this repair cannot be completed within an appropriate deadline without violating consumer interests. In the event of enforcing a product liability claim the burden of proof shall lie with the Partner with regard to the defect of the goods.

72 Goods are defective if they fail to comply with the quality standards effective upon the marketing of the goods by the manufacturer or fail to display the characteristics specified in the description of the goods.

73 The manufacturer shall be released from its liability if it proves that

(a) it did not manufacture or distribute the goods in the course of its business or profession;
(b) at the time of the goods distribution that defect was not detectable according to the current state of science or technology, or
(c) the goods defect was caused by the application of legislation or a mandatory requirement of a public authority.

74 In the event of replacement, the manufacturer shall be subject to no-defect liability for the replaced goods, and in the event of repair, for the repaired parts of the goods.

75 After the detection of the defect the Partner shall be required to communicate this defect to the manufacturer. Any defects communicated within two months following the detection of the defect shall be considered as timely communication. The Partner shall be liable for any damage arising from the late communication.
76 The manufacturer shall be subject to product liability for two years after the marketing of the product. Upon the expiry of this limitation period all rights shall be lapsed.

 

77 In the event of the goods ownership transfer, product liability rights can be enforced by the new owner against the manufacturer.

 

XI
Dispute resolution

78 The Partner shall be entitled to submit its objections against the operation of the Service Provider and the product on business days, during business hours at the Service Provider’s premises, orally to its sales representatives, or via the post or e-mail. The Service Provider shall examine oral complaints immediately provided it is possible in the light of the complaint’s nature, and seeks to resolve disputed situations. Where disputes cannot be resolved orally, the Service Provider shall record oral complaints in writing.

79 Based on this written report the Service Provider shall be required to take steps with the view to investigate the complaint within five working days, and to investigate the complaint within 30 days at the latest. Where the Service Provider rejects the complaint, it shall be required to state its reasons. This reasoning shall be professional, clear and comprehensible.

80 The report drawn up on the compliant, as well as the copy of the reply must be kept by the Service Provider for five years.

81 The Partner shall be entitled to address its objections against the Service Provider’s operation and the goods to the competent consumer protection authority for the area. Contacts to the Hungarian Consumer Protection Authority:

Address: 1088 Budapest, József krt. 6.
Postal address: 1428 Budapest, Po. box 20
Online contacts: www.nfh.hu
Central e-mail address: nfh@nfh.hu
Central phone number: +36 1 459 4800
Fax: +36 1 210 4677
 

82 For out-of-court resolution of consumer disputes related to the quality, safety of goods and the application of product liability riles, as well as the conclusion and performance of contracts the Partner can initiate the procedure of the Conciliating Board operating alongside the competent professional chamber for the registered address of the Service Provider. For the purposes of the rules applicable to the Conciliation, consumer shall also mean civil organisations subject to a separate law, churches, condominiums, housing cooperative, micro, small and medium enterprises purchasing, ordering, obtaining, using, availing of goods or addressees of commercial communications related to goods.

Contacts to the Conciliation Board of Budapest:

Address: 1016 Budapest, József krt. 99. III. 310.

Postal address: 1253 Budapest, Po. 10

Email address: bekelteto.testulet@bkik.hu

Fax: +36 1 488 21 86

Telephone: +36 1 488 21 31

 

83 Partners shall be entitled to bring their claims arising from consumer disputes to court in a civil law procedure in accordance with the provisions of Act III of 1952 on the Civil Procedure and Act V of 2013 on the Civil Code.

 

XII

Other provisions

84 In the course of using the Tracon Webstore Partners shall be required to comply with all applicable domestic and international legislation. Where you detect questionable content in the Webstore, you shall be required to notify the Service Provider immediately.

85 Contents in the Tracon Webstore shall be protected by copyright laws. Exclusively the website’s owner shall be entitled to exercise these rights. The Service Provider shall be the holder of copyrights and authorised user of any content, work or other intellectual property displayed in the Tracon Webstore, and in the course of the services available through the Tracon Webstore. The Partner shall not be entitled to use or exploit any trade names or trademarks displayed in the Tracon Webstore interface.

86 Copying or printing any content from the Tracon Webstore to physical or other media shall be allowed for private use or subject to the Service Provider’s prior written consent. Any use going beyond the private use shall only take place subject to the Service Provider’s prior written permission.

87 use shall not be used or exploited in any other form in the absence of the Service Provider’s prior written permission.

88 The content of this website can only be used subject to the written permission of its owner. In such cases the name of the owner (TRACON Budapest Kft.) and the source (www.tracon.hu; www.traconelectric.com) shall be indicated mandatorily; and only parts of the content approved by the owner can be used, exclusively subject to the terms and conditions, form and extent set in the written permission.

XIII Other provisions

89 Tracon Webstore is a multi-user Java based IT system with appropriate level of security; its use shall not pose any risk, however, the Service Provider hereby advises to use appropriate anti-virus and spyware application, with up-to-date databases, and to install the security upgrades of your operation system. Shopping in the Tracon Webstore presumes the Partner’s awareness of the technical limits to Internet and acknowledgement of error possibilities inherent in the use of technology.

90 The Service Provider hereby waives any liability for any damage arising from connecting the Tracon Webstore. The Partner shall be responsible for the protection of its computer and the relevant data.

91 Any data provided by the Partners to the Service Provider can only be used for the purpose they were provided, and kept exclusively for the purposes of performing the contract and to prove the content terms later on. Upon its order and the adoption of these GTCs Partners other than private individuals shall expressly grant their consent to the Service Provider sending newsletters and marketing communications. The Service Provider shall not disclose Partners’ data to third parties unless that third party acts as subcontractor/contributor to the Service Provider. In processing the data of its Partners, the Service Provider shall act any time in accordance with the provisions on Act LXIII of 1992 on the protection of personal data and the publicity of public interest data as effective at all times.

92 The Service Provider shall be entitled to unilaterally amend these GTCs at any time. The Service Provider shall notify users of such amendments via email, before such amendments take effect. Upon these amendments taking effect, registered user must expressly agree to them upon logging in the website in order to enable their use of the website.

93 Customers can indicate their intention, in the event of shopping in person in the stores of the Service Provider, for online orders in the Remarks, to avail of their right of disposal of used products as afforded by Government Decree 197/2014 (VIII 1.) on the waste management activities related to electric and electronic device. The Service Provider shall credit the statutory discounts from the price of the purchased goods upon the handover of the used product.

94 Hosting Provider: Humansoft Kft (registered address: 1037 Budapest, Montevideo u. 8, email address: info@humansoft.hu, web: www.humansoft.hu, tel: +36-1/270-7600)

95 Contracting Parties shall make every effort to resolve any disputes amicably by way of negotiations. Where disputes cannot be resolved via negotiations, the Contracting Parties shall bring their case to the court competent for the Service Provider’s registered address.

96 These General Supply Terms and Conditions  have been drafted in the Hungarian language. In the event of their translation to a foreign language the Hungarian version shall prevail. In any issues not regulated above the provisions of the Hungarian Civil Code and the Hungarian legislation shall apply as effective at all times.


Dunakeszi, 19 February 2016