Panhellen Terms and Conditions
Welcome to the website operated by PHL International Limited Liability Company (hereinafter: Service Provider). These General Terms and Conditions (hereinafter T&C) contain the conditions for the use of the service available on the panhellen.com website (hereinafter: Website) by the user (hereinafter: Customer).
Entry into force: February 2019
- INTRODUCTORY PROVISIONS
THE SERVICE PROVIDER
PHL International Limited Liability Company
company registration number: Cg.01-09-337134
tax number: 26649595-2-42
registered office: 2119 Pécel Kökeny utca 13. 1.
postal address: 2119 Pécel Kökeny utca 13. 1.
place of business: nationwide
email address: ugyfelszolgalat@panhellen.com
phone number: 06-70-389-4902
registration authority: Company Court of the Capital City Court
the authority authorizing the activity:
BUDAPEST CAPITAL XIV. DISTRICT ZUGLO MAYOR'S OFFICE
license number: 13836
name, registered office, email address of hosting provider: UNAS Online Kft., 9400 Sopron, Major köz 2. I/15., unas@unas.hu
The Website is the Service Provider's online trading platform, through which it is possible to purchase Products distributed by the Service Provider.
With the electronic orders placed on the Website, a sales contract is created between the Service Provider on the one hand, and the ordering natural person (hereinafter: Consumer) or company (hereinafter collectively: Customer) under the terms of this document (hereinafter: GTC).
The Service Provider qualifies the sales contract as a written contract, which is filed under the order number and stored for 365 days from the completion of the order. By finalizing the order, it is considered that the Customer has accepted and considers the General Terms and Conditions to be binding.
The Service Provider declares that it has all the licenses required by law to operate the Website.
Language of the contract: Hungarian.
The sales contract is established between the Service Provider as the seller and the Buyer as the buyer. The Customer provides his data during the ordering process, and the Service Provider fulfills the order based on this data. The Service Provider cannot be held responsible for damages resulting from incorrect or untrue data, and the Service Provider is also entitled to cancel the incorrect or false registration, and in case of justified circumstances, it is entitled to request proof of the Customer's identity or to check it.
- INFORMING THE BUYER
Conditions of performance
The conditions for the operation of the Website can be found in these GTC and in the FAQ menu of the online store. By placing the order, the Buyer declares that he has read and accepted these terms and conditions.
Placing the order is considered an offer on the part of the Buyer, to which he is bound, and by not complying with the General Terms and Conditions, he commits a breach of contract, for which he is legally responsible; the Buyer undertakes, in particular, to take care of the receipt and payment of the ordered Product in accordance with the delivery and payment methods chosen by him, and if the delivery of the Product fails due to the Buyer's fault, he will reimburse the Service Provider for the resulting additional costs.
The contract between the Customer and the Service Provider enters into force after the order is confirmed by the Service Provider, and is concluded when the order is fulfilled.
The Service Provider must confirm the order immediately, but within 48 hours at most, by providing an automatic order number in the order confirmation e-mail sent to the address provided by the Customer. In the absence of confirmation, the Buyer is released from his obligation to make an offer.
Pricing
The price indicated on the Website of the Service Provider is the final consumer price of the given Product, which applies to the date of publication. Prior to the Customer's order, the Service Provider is obliged to provide information on the gross amount of the Product plus tax, as well as all additional costs incurred (especially freight or postage); the resulting total price must also be included in the order confirmation sent by the Service Provider.
Consumer
The Consumer is a natural person acting outside the scope of his profession, independent occupation or business activity. Companies are therefore not classified as consumers, and not a single provision of these Terms and Conditions can be interpreted as meaning that the Company Customer is also entitled to Consumer rights.
Accessories warranty
The Service Provider performs incorrectly if the Product does not meet the quality requirements established in the contract or legislation at the time of performance. There is no defective performance if the Buyer knew or should have known about the defect at the time of the conclusion of the contract. The Service Provider is liable for defective performance.
The Consumer may assert his accessory warranty rights as an objection against a claim arising from the same contract even if the accessory warranty claim has expired.
Based on his warranty claim, the Buyer can choose from the claims written in point 3. The Buyer may transfer from the right of warranty of the selected accessories to another. He is obliged to pay the costs caused by the transfer to the Service Provider, unless the Service Provider gave a reason for the transfer, or the transfer was otherwise justified. After discovering the error, the Customer is obliged to notify the Service Provider of the error without delay. In the case of a consumer, an error communicated within two months of the discovery of the error shall be deemed to have been communicated without delay. The User is responsible for damage resulting from the delay in communication.
The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider.
Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from the notification of the defect, if the Customer proves that the product was sold by the Service Provider. However, after six months have passed from the date of performance, the Buyer is obliged to prove that the defect he recognized already existed at the time of performance.
Product warranty
The provisions of this point apply only to consumer contracts.
In the event of a defect in the Product, the Consumer may - at his or her choice - assert a claim for accessory warranty or product warranty. Due to the same fault, an accessory warranty claim and a product warranty claim cannot be asserted at the same time, in parallel with each other. However, if the product warranty claim is successfully asserted, the Consumer may assert the accessory warranty claim for the replaced product against the manufacturer.
As a product warranty claim, the Consumer can only request the replacement of the defective product.
The product is defective if it does not meet the quality requirements in force at the time it is placed on the market or if it does not have the properties described by the manufacturer.
The manufacturer is exempt from the product warranty obligation if it proves that
- the product was not produced or distributed as part of its business activity or independent occupation;
- at the time the product was put on the market, the defect was not recognizable according to the state of science and technology; obsession
- the defect in the product was caused by the application of legislation or mandatory official regulations.
In the case of a replacement, the warranty obligation for the replaced product and in the case of a repair the part of the product affected by the repair shall be borne by the manufacturer. After discovering the defect, the Consumer is obliged to notify the manufacturer of the defect without delay. An error communicated within two months of the discovery of the error must be considered communicated without delay. The Consumer is responsible for damage resulting from the delay in communication.
The manufacturer is covered by the product warranty for two years from the date of placing the product on the market. Exceeding this deadline results in loss of rights.
Enforcement of warranty rights
In terms of the application of this point, the warranty must also include the accessory warranty and the product warranty.
In the case of dealing with warranty and guarantee claims asserted by the consumer, the other conditions according to these GTC apply in addition to the following special rules:
- When asserting the Consumer's warranty claim, the conclusion of the contract shall be considered proven if the Consumer presents a receipt confirming the payment of the consideration - an invoice or receipt issued under the General Sales Tax Act. These GTC and the Service Provider do not preclude the consumer from proving the conclusion of the contract in other ways.
- The Service Provider takes a record of the consumer's reported warranty or guarantee claim pursuant to Art. 19/2014. The copy is made available to the consumer with content in accordance with the NGM regulation.
- The Service Provider endeavors to carry out the repair or replacement within fifteen days at most.
- The Service Provider will take over the movable item for repair or to check the fulfillment of the warranty or guarantee claim against a receipt.
Expiration date
The period within which the warranty is valid. For our products, it varies individually and depending on the time of production, which can be read on the box or packaging, but not less than 3 months from the date of delivery.
Warranty
the Service Provider is not obliged by law to provide a warranty.
Promotions and discount coupons
The Customer can redeem the coupons that provide different amounts of discounts on the Cart page. If the Customer has already redeemed the coupon during a previous purchase, he cannot redeem that code again, unless the given coupon can be redeemed multiple times. In no case is the coupon valid for discounted products and package offers. The coupon discount cannot be combined with other promotions. If the Purchaser sends his order after the promotional period, the Purchaser is not entitled to receive the product at a discounted price.
- COMPLAINT, COMPLAINT HANDLING
In connection with a complaint, you can call us at the customer service phone number under point 1, or report your problem at the email address provided, or in a letter sent to our address. The Service Provider does not apply an increased fee for telephone communication.
Opening hours of the Service Provider's telephone customer service:
weekdays: 09:00 – 16:00
Saturday: closed
Sunday: closed
The Service Provider also acts in accordance with the provisions of the governing legislation when handling complaints.
Contacting the Service Provider , recording the complaint
If, after the purchase, the warranty period indicated on the product has not yet expired, but the quality of the product is not adequate, contact us at any of our contact points or in person at our headquarters with your complaint. In order to validate the objection, the proof of payment of the consideration (invoice, block) and the product itself are required. You can send the product to be returned to our address as a postal package with a copy of the purchase invoice, or you can bring it to our headquarters in person. Please do not send the package with a declaration of value, do not send it back in a package charged with postage or cash on delivery, because we are unable to accept these. If we can identify the purchase during a telephone consultation, it is sufficient to send the product to us without a receipt, invoice or block.
We will take a record of the Buyer's objection, which must contain the
- the name and address of the Buyer,
- the name of the Product, the purchase price,
- the date of purchase,
- the date of notification of the error,
- description of the error,
- the claim that the Buyer wants to assert,
- the method of settling the objection (if this differs from the Buyer's request, this must also be justified).
The Buyer must receive a copy of the protocol, because on the one hand, it can check the recording of the complaint, and on the other hand, it is easier to verify the notification of the objection. If - despite its legal obligation - we do not want to take minutes, an entry can be made in the book of buyers. If we are unable to declare whether your request can be fulfilled, we are obliged to notify the Buyer of our position within three working days based on the law.
Who bears the burden of proof?
In the case of warranty, in the event of a defect detected within 6 months of purchase (except for the case where the warranty period of the Product concerned is not less than this), the defect must be considered to have already existed at the time of delivery (purchase), unless this Product incompatible with its nature or the nature of the error. Therefore, in the event of a defect within six months or within the warranty period, the Service Provider must prove that the Product was not defective at the time of purchase. In practice, this means that if the Service Provider does not accept the Customer's complaint and rejects the claim, the Service Provider must prove its case in court proceedings initiated by the Customer. It is important to know that in the case of the Consumer, an objection communicated within two months from the discovery of the error must be considered communicated without delay. If two months have already passed since the purchase, the Buyer must prove that the defect already existed at the time of purchase. The Buyer can prove it with an expert opinion issued by the Consumer Protection Inspectorate or another accredited institution. In this case, the cost of the expert opinion (inspection fee, postal cost of sending the product, etc.) is borne by the Buyer, and the Service Provider can only be obliged to reimburse it by a court decision.
In the case of defects arising within the warranty period during customer claims, it must be considered during the entire warranty period that the defect already existed at the time of purchase. It is important to know that based on the expert opinion, the Service Provider is not obliged to fulfill the Customer's request, even if it proves the Customer's claim. However, if the case goes to court, the expert opinion can be used as evidence at the trial. You can inquire with the Consumer Protection Inspectorate about which institutions carry out the tests on the product involved in the case.
Fulfilling the Customer's request
If the Service Provider accepts the legitimacy of the objection, in this case, according to the warranty rules, in the legal order - and under the conditions specified in the Civil Code - you can ask us to fulfill the following:
- mainly replacement (it is not possible to request a repair, as our Products cannot be repaired);
- secondly, an appropriate price reduction, or - if the Service Provider did not undertake the exchange, or is unable to fulfill it, or in the case of the Consumer, his interest in the exchange of the Product has ceased, - withdrawal from the contract.
Withdrawal from the contract means that you have to get back the value of the goods, and not that we buy back the amount. You cannot be obliged to buy it off, the legislation does not recognize such a possibility of asserting a claim.
Additional options for claim validation
If we do not accept the quality complaint, or if we accept it but do nothing, then the following options are available:
The information and formal requirements for the conclusion of the contract and the rules for telephone contact following the conclusion of the contract (see § 9 of Government Regulation 45/2014, § 11 (1), (3)-(5) and (7) (1) and (3) of Section 12, Sections 14-17 and Section a) of Section 18), the Consumer Protection Authority or the Economic Competition Authority will act in case of violation.
The competent Consumer Protection Inspectorate and the National Consumer Protection Association (www.ofe.hu) can help you assert your interests.
Online dispute resolution platform
In controversial cases, in the event of a consumer dispute, an out-of-court settlement is also possible if the Buyer initiates a procedure on the online platform. If you wish to make a complaint about the Product, you can use the online dispute resolution platform, which is available at http://bekeltet.hu/kerelem. After registering on the platform, a complaint can be submitted by entering the e-mail address of the Service Provider. The procedure is conducted by the Budapest Conciliation Board (1016 Budapest, Krisztina krt. 99, phone: 488-2131). The Service Provider does not undertake to submit, and the Board cannot issue a binding decision.
Supervisory bodies:
General Inspectorate for Consumer Protection
1052 Budapest, Városház u.7
Phone: 318-2681
National Data Protection and Freedom of Information Authority (NAIH)
1125 Budapest, Szilágyi Erzsébet fasor 22/c
www.naih.hu
Metropolitan and Pest County Agricultural Administration Office
Food Chain Safety and Animal Health Directorate
1135 Budapest, Lehel út 43-45.
Phone: 329-7017
Budapest XIV. District Municipality Clerk
Address: 1145 Budapest, Pétervárad u. 2.
Phone number: 06 1 872 9100;
No submission was made regarding the code of conduct under the Act on the Prohibition of Unfair Trade Practices against Consumers.
- THE CONSUMER'S RIGHT TO WITHDRAW WITHOUT JUSTIFICATION
4.1. Procedure for exercising the right of withdrawal
The provisions of this point apply only to natural persons acting outside the scope of their profession, independent occupation or business, who buy, order, receive, use, use goods, as well as the recipient of commercial communications and offers related to the goods (hereinafter "Consumer").
The consumer is entitled in the case of a contract for the sale of the product
- a) product,
- b) when providing several products, to the last product provided,
- c) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,
- d) if the product must be supplied regularly within a specified period, the first service,
withdraw from the contract without reason within fourteen (14) days from the date of acceptance by the Consumer or a third party other than the carrier indicated by him.
The consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the day of receipt of the product.
If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (e.g. by mail, fax or electronic mail) to the Service Provider using the contact details indicated in point 1 of these GTC.
The consumer exercises his right of withdrawal within a deadline, if he sends his cancellation statement to the Service Provider before the expiry of the deadline indicated above.
The Consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the provisions set out in point 4. In both cases, the Service Provider will immediately confirm receipt of the Consumer's withdrawal statement by email.
In case of cancellation in writing, it shall be considered valid if the Consumer sends his declaration to this effect within 14 calendar days (even on the 14th calendar day) to the Service Provider.
In the case of notification by post, the Service Provider takes into account the date of mailing, and in the case of notification via e-mail, the time of sending the e-mail for the purpose of calculating the deadline. The Consumer sends the letter as registered mail so that the date of posting can be reliably proven.
In case of cancellation, the consumer must deliver the ordered product to the Service Provider's address indicated in point 1 without undue delay, but at the latest from the date of notification of the cancellation
Return within 14 days. The deadline is considered to have been met if the Consumer sends the product (post it or hand it over to the courier he ordered) before the 14-day deadline expires.
The cost of returning the product to the Service Provider's address shall be borne by the Consumer, unless the Service Provider has undertaken to bear these costs. However, the Service Provider does not undertake the organization and handling of the return shipment, nor does it undertake the cost of returning the product from the Consumer. It is not possible for the service provider to accept the package returned by cash on delivery. Apart from the cost of returning the product, the Consumer will not be charged any other costs in connection with the cancellation.
If the Consumer withdraws from the contract, immediately, but no later than within 14 days from the date of receipt of the Consumer's withdrawal statement, the Service Provider will reimburse all the compensation provided by the Consumer, including the cost of transport (paid for delivery), with the exception of the additional costs incurred due to the fact that the Consumer You have chosen a transport method other than the cheapest standard transport method offered by the service provider. The Service Provider has the right to withhold the refund until the product has been returned, or the Consumer has not proven creditworthy that he has returned it: of the two, the Service Provider takes into account the earlier date.
During the refund, the Service Provider uses a payment method identical to the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
The consumer can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product. The Service Provider may therefore demand the reimbursement of depreciation and reasonable costs resulting from use exceeding the use necessary to determine the nature, properties and operation of the product - if the performance of the contract for the provision of services has begun at the express request of the Consumer before the end of the deadline and he exercises his right of termination.
The consumer is not entitled to the right of withdrawal
- a) with regard to a product with closed packaging, which cannot be returned after being opened after handover for reasons of health protection or hygiene (e.g. dietary supplements, food supplement products, etc.).
The return of such products from the Service Provider is not expected if the Consumer has already opened the packaging that directly protects the product and/or has started using it as intended, since in this case it cannot be ruled out that the product has come into contact with the human body or body fluids or bacteria, so the product is hygienic or its health quality can no longer be guaranteed.
If the Consumer has not yet started using the products covered by this exception rule, i.e. has not yet opened the packaging that directly protects the product, he can exercise his right of withdrawal according to the general rules.
- b) with regard to perishable products or products that retain their quality for a short time.
- GOVERNING LAWS
In matters not regulated in these General Terms and Conditions and related documents, the following laws shall govern, without claiming to be complete:
- The Civil Code - Act V of 2013
- CVIII of 2001 on certain issues of electronic commercial services. law
- CLV of 1997 on consumer protection. Law
- Act CLXIV of 2005 on trade
- LVII of 1996 on the prohibition of unfair market behavior and restriction of competition. law
- Government Decree 213/2008 (VIII.29) on contracts concluded with consumers outside the store
- 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26) Govt. r.
- 133/2007 (VI.13.) Korm.r. on the order of operation of stores and the conditions for carrying out commercial activities that can be carried out without a store.
- GKM.r. 25/2007 (II.28.) on the range of goods and services required to be registered and the conditions for the exercise of commercial activity related to them.
- CLV of 1997 on consumer protection. law
- 4/2009 (I.30) NFGM-SZMM on the detailed rules for displaying the sales and unit price of products one.r.
- 19/2014 (IV.29.) NGM.r. on the procedural rules for the management of warranty and guarantee claims regarding the thing sold in the framework of the contract between the consumer and the business.
- XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activity. TV.
- Act XCVI of 2001 on the publication of commercial advertisements and business signs, as well as certain public interest announcements in Hungarian (language protection act)
- XLVI of 2008 on the food chain and its official supervision. TV.
- FVM-EüM-SZMM 68/2007 (VII.26) on certain food hygiene conditions of food production and placing on the market and official control of food.
More information related to the above can be found on the activities and procedures of the Consumer Protection Inspectorate on the website of the Ministry of National Development: www.fogyasztovedelem.kormany.hu