General Terms and Conditions of Sale - GTCS

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GENERAL TERMS AND CONDITIONS OF SALE

PREMIUM SPORT KFT.

                                                      

Effective: 7 December, 2015

 

 

Content:

 1. Data of PREMIUM SPORT Kft.

 2. Preamble

 3. Special provisions

 4. Visiting the webshop

 5. Registering an account

 6. The process of concluding the sale-purchase contract

 7. Execution of the contract

 8. Discounts

 9. Collaborators

 10.Express Warranty

 11.Implied Warranty

 12. Right of withdrawal

 13. Customer service

 14. Legal recourse

     14.1. Complaint handling

     14.2. Other legal recourses

 15. Intellectual property rights

 16. Technical support

17. The scope of the GTCS

18. Final provisions

  1. Annex 1. – Model withdrawal declaration

 

      • This General Terms and Conditions of Sale (hereinafter: GTCS) lays down the general conditions underlying the sale-purchase distance contracts concluded between PREMIUM SPORT Kft. being the exclusive distributor of the Heavy Tools products and buyers of the webshop reachable through the heavytools.hu website with special regard to consumer contracts.

 

1.     Data of PREMIUM SPORT Kft.:


Name: PREMIUM SPORT Kft. (LIMITED LIABILITY COMPANY)

Registered seat and correspondence address: Szőlőkert u. 4., H-1033 Budapest, Hungary

Telephone number: +36-1-453-0860

E-mail address: webshop@heavytools.info

Company registration number: 01-09-888925

Registering court: Fővárosi Bíróság (Court of the Capital City) as Registrar of Companies

Tax number: 14101087-2-41

Data processing registration numbers: [NAIH-88006/2015; NAIH-90949/2015; NAIH-90950/2015;NAIH-90951/2015; NAIH-90952/2015; NAIH-91373/2015].

For the purposes of interpreting the GTCS and individual contracts concluded under the GTCS the expressions Distributor, Enterprise and Heavy Tools are to be read as synonims for PREMIER SPORT Kft.

 

2. Preamble

2.1.1. When preparing this GTCS Premium Sport Kft. was led by the desire to cater for the precise and transparent information and correct attendance to the needs of our customers in the interest of the greatest satisfaction of customers devoted to the Heavy Tools products.

3. Special provisions

3.1.1.  The scope of the GTCS extends to all and any articles available in the webshop reachable through the website heavytools.hu and – as inseparable part of the sale-purchase distance contract concluded in relation to such articles – is applicable without limitations.

3.1.2.The heavytools.hu website offers transoperability between Heavy Tools webshops abroad catering for customers in foreign countries. When attempting to log out of the Hungarian (heavytools.hu) webshop visitors are always asked the question whether they wish to continue to one of the foreign Heavy Tools webshops or stay in the Hungarian webshop. The scope of this GTCS only extends to the Hungarian webshop.

3.1.3. The language of providing information and concluding a contract is Hungarian in the webshop reachable through the heavytools.hu website.

3.1.4.  The contract concluded in the webshop reachable through the website heavytools.hu is not deemed to be in writing. This notwithstanding Premium Sport Kft. issues an individual contract identifier (order code) for each sale-purchase transaction, by which the contracts are registered. We ensure access to the contracts if so requested. Our registered users have access to their contracts by way of their Heavy Tools account. Furthermore, individually negotiated conditions can be found in the order confirmation e-mail sent to the customer prior to the contract entering into force.

3.1.5. Premium Sport Kft. does not submit to any code of conduct nor is it member of any professional body (chamber).

3.1.6. The precondition for making a purchase in the webshop reachable through the heavytools.hu website is the acceptance of the GTCS as inseparable part of the individual contract concluded. Premium Sport Kft. ensures by technical means that buyers explicitly consent to the GTCS prior to placing orders in the webshop reachable through the heavytools.hu website.

3.1.7.  All publicized telephone numbers of Premium Sport Kft. can be called at base rate without surcharge. For accessing the webshop reachable through the heavytools.hu website an internet connection is necessary. The fees payable for your internet connection are determined by your service provider in the service provider contract between you and the service provider. No additional fees are due to Premium Sport Kft. as a result of connecting with the webshop.

3.1.8. Consumers planning to make a purchase in the webshop reachable through the heavytools.hu website have the opportunity to visit any Heavy Tools shop prior to making the purchase, the address and contact details of which can be found in the menu under “Shop search” and/or “Contact”, where they are entitled to get a printed version of the present GTCS based on the legal provisions regarding prior information. Should consumers initiate a purchase in the webshop reachable through the heavytools.hu website without asking for a printed version of the information, they hereby agree – in accordance with § 12. of Edict 45/2014 (II.26.) on the detailed rules of the contracts concluded between consumers and traders – that Premium Sport Kft. can fulfil their obligation regarding the provision of information via a permanent data carrier (with special regard to this GTCS).

3.1.9. We have endeavoured to design the surfaces of the webshop in a format that makes it possible to uniformly access it from the most possible kinds of devices in the most user-friendly way. It is our conviction that no different contents should be transmitted to you depending on the device you use when visiting our website. This, however, may require some compromise on your part. Thus, it is possible that some of the information may be viewed in more detail on a larger screen of your desk-top than on your smart phone where certain details may have to be enlarged or vision improving devices may have to be used.

3.1.10. The webshop reachable through the heavytools.hu website does not apply any technical protection tools beyond those described in this GTCS and in the Data Processing Policy.

3.1.11. This GTCS can be accessed, downloaded to a permanent data carrier and saved. It can be retrieved in the future by all visitors of the webshop reachable through the heavytools.hu website without any limitations, thus allowing for getting acquainted with its provisions prior to placing the order and thereby entering into contract, as well as for a back-check in the future.

3.1.12.  In transactions falling under the scope of this GTCS Premium Sport Kft acts in its own name.

4.     Visiting the webshop

 

4.1.1.  Products in the product catalogue of the webshop reachable through the heavytools.hu website can also be browsed and selected according to product groups and keywords. For easier navigation main product groups (e.g. men’s wear) and sub-groups (e.g. hooded tops) have been set up within the product groups.

4.1.2.  You can get information about the characteristics, price, article number, and available colours and sizes of the item to be ordered as well as about contact details of the Heavy Tools shops by clicking on the name of the item or on the picture showing the item.

5. Creating an account

5.1.1.  When registering in the webshop you have the opportunity to provide us with information relevant to your purchases in a way that makes it possible for such information to become part of our customer records. By registering your personal Heavy Tools account is created.

5.1.2.  Although registration is not a pre-requisite for making a purchase it offers the visitor planning to make a purchase numerous benefits:

it makes the ordering procedure more convenient, since in this case there is no longer any need for entering detailed data when making your next purchase;

it allows you to participate in our loyalty programme offering purchase linked discounts;

it allows you to take advantage of the convenience services and special offers of the heavytools.hu webshop;

it ensures the transparency of the details of earlier purchases (contracts).

5.1.3. The detailed terms and conditions of processing data provided in the course of registration are contained in the “Data Processing Policy” which can also be reached directly by clicking on the title.

5.1.4. Data in your Heavy Tools account created by registration can be viewed or modified at any time after logging in. You can also cancel your registration all together at any time in the future. (It is important that any modifications to your data be made prior to your next purchase).

6. The process of concluding a Sale-purchase Contract

6.1.1. For products offered by the heavytools.hu webshop a sale-purchase contract can only be concluded by placing an order electronically according to the rules set out in this GTCS.

6.1.2. Following your browsing in the webshop as described in 5.4. above you can add the chosen item(s) to the virtual cart by clicking on “add to cart” (cart icon). Once you have placed the item into the cart an information window will appear advising you that the item has been added to the cart showing its description, size, colour, quantity and also its gross price and VAT content. In the case of more items being purchased all these details are provided on this page for each item separately.

6.1.3. On the surface as per 6.1.2. above you can modify your earlier choices, you can remove items from your cart and you can lower or increase the quantities. Here you can also choose to return to the webshop looking for further items (“continue shopping”) or you can finish browsing and continue with further steps necessary to purchase the items selected by clicking on “Continue”. Should you choose the latter the content of your cart will be shown and you will be offered a choice of payment modes.

6.1.4. You can choose between paying cash-on-delivery (C.O.D.), by credit card or PayPal. On this page you also have the opportunity to modify your purchase by clicking on “modify cart”. The mode of payment chosen has no impact on charges levied for door-to-door delivery. The contractual conditions laid down by the third party payment service provider chosen are at all times legally binding on those using the services of the payment service provider for rendering payment. The third party payment service provider may levy fees for providing the service. These service fees, the determination of their extent being beyond our control, are under no circumstances to be considered fees for services rendered by the heavytools.hu webshop and as such they are no revenue accrued to the heavytools.hu webshop. For consumer information on OTP credit card payment click here >> (pdf file) and for consumer information on PayPal payment here >> (pdf file).

6.1.5. When paying C.O.D. payment is rendered both for the goods and for delivery charges to the courier service on delivery. Premium Sport Kft. does in no event charge any costs to the customers in excess of direct costs incurred in connection with the payment mode chosen by the customer.

6.1.6. The next step after having chosen the payment mode is choosing the mode of delivery. Door-to-door delivery is provided by the third party delivery service provider appointed by us at a charge unless contrary provisions apply. Fees charged for services available through the heavytools.hu webshop are contained in the “List of Charges”, which is an inseparable part of this GTCS. “List of Charges” can also be reached directly by clicking on the title. You can choose between door-to-door delivery and personal pick-up from a Pick Pack point (of course, it is also possible that the webshop is simply used for browsing and then the selected products are bought in one of the Heavy Tools shops, in which case obviously delivery charges do not apply, independent of the value of the purchase). Heavytools.hu webshop uses GLS courier service for door-to-door deliveries of its products. All charges listed include the total cost of packaging and delivery. In case of choosing pick-up from a Pick Pack point the goods must be paid for by credit card when placing the order and not when picking up the goods.

6.1.7. Following the selection of the mode of taking delivery – for non-registered customers – the personal data relevant to the purchase and – should an invoice be required – invoicing details must be provided. On the same page we ask you to enter the delivery address and here you can also make additional comments concerning your order. Furthermore, this page affords you the opportunity to provide voluntary information further to data necessary for the execution of the order (e.g. loyalty card number, request for a loyalty card and preference regarding your interests).

6.1.8. Once you have logged in to your account or you have provided all necessary personal data, by clicking on “Continue” a summary page will appear showing a full summary of both the items selected and the data relevant to the order making a review, control and modification possible. Obligatory personal data provided in connection with the order are processed by us, being authorized hereto by law, according to the relevant legal provisions in the interest of executing the order and a later provability of the terms and conditions of the contract. The detailed terms and conditions of processing personal data can be accessed directly by clicking on “Data Processing Policy”.

6.1.9. If you find everything in order on the summary page as per previous paragraph, you can finalize your order by clicking on “Submit” thereby submitting it to the heavytools.hu webshop. Should you not find everything in order you can return to earlier pages to correct data entered by clicking on “Enter data”. By submitting your order payment becomes due.

6.1.10. By placing the order, a sale-purchase contract is concluded between you and Premium Sport Kft. the subject matter of which being the ordered item(s). The contract is deemed to be a distance contract concluded by electronic means between distance parties, to which Act Nᵒ 5. of 2013 (Hungarian Civil Code) and Act Nᵒ 108. of 2001 on electronic trade and certain issues of services in connection with the information society are applicable. If, in terms of the law, you are a consumer (currently defined by the law as: natural persons acting outside the scope of their profession, trade or business activities) the contract falls under Edict 45/2014 (II.26) on the detailed rules of contracts concluded between consumers and traders and with reference to guideline 2011/83/EU of the European Parliament and the Council on the rights of the consumers.

6.1.11.  Once the contract is concluded and if you chose to pay by credit card or PayPal, you will be navigated to the page of the third party payment service provider. If you chose to pay by credit card or PayPal a successful payment transaction is the pre-requisite for the contract to become effective.

6.1.12.  The order is confirmed by e-mail within 48 hours of receipt of it, which – as durable data carrier – confirms that we have received your order, and it also contains the details of your order. The confirmation e-mail is deemed to be the confirmation of the contract having been concluded in terms of § 12. clause (2) of Edict 45/2014 (II.26) on the detailed rules of contracts concluded between consumers and traders to the application of which the consumer explicitly consents by accepting this GTCS. The consumer accepts that Premium Sport Kft. does not consider it viable to provide the consumer with a hard copy of the contracts or their copies in the case of purchases made in the heavytools.hu webshop with special regard to the fact that these are not generated in hard copy form. On the other hand, tax documents issued in hard copy form by Premium Sport Kft. and sent with the deliveries prove – as authentic documents containing all material conditions of the contract – that Premium Sport Kft. considers the contract to have been concluded. Should the consumer not wish to agree to the above described confirmation by the durable data carrier supplemented with the tax document they have the opportunity to purchase our products in the Heavy Tools shops.

6.1.13. Should you not receive the confirmation within 48 hours you are acquitted of your contractual obligations.

6.1.14.  Should you only notice wrong data entered when receiving the confirmation e-mail, you can request a correction within 1 working day via reply to the confirmation e-mail. This, however, will be considered a modification of the contract and we shall suspend the execution of the contract until such time that the modification has been done and you confirm that the data are now correct.

6.1.15.  The consumer accepts and acknowledges that Premium Sport Kft. assumes no liability for delays in the execution of the contract and for other problems and shortcomings due to wrong or imprecise data provided and/or to an e-mail address entered that is not capable of receiving e-mails. Furthermore, Premium Sport Kft. is not to be held liable for any damages that are due to the customer forgetting the password entered during registration or the password becoming accessible to unauthorized third parties for reasons outside the control of Premium Sport Kft.

7. Execution of the contract

7.1.1.  After receipt of the order we endeavour to deliver the ordered good(s) to the Hungarian delivery address given in the shortest possible time. The lead time depends on in which of our warehouses the ordered item is stored. If you have ordered more than one product at the same time we will deliver them together. As such, the item with the longest lead time will determine delivery time. The ordered goods shall be delivered to you (or to the chosen Pick Pack point) within 7 working days even in the event of aggravating circumstances. Should the ordered items not be delivered within 7 working days we will, at your request to this effect, refund you the purchase price and delivery charges within 14 days. The consumer accepts that the liability of Premium Sport Kft. for a defective performance arising from the inaccuracy of its inventory is limited to the sum total of the purchase price and delivery charges. For purposes of interpreting this clause, the delivery time shall be deemed adhered to in the event of an unsuccessful delivery attempt (the person authorized to take delivery of the goods could not be found at the delivery address given).

7.1.2.  By taking delivery from the courier (delivery agent) and signing the delivery note the goods’ quantitative delivery shall be considered executed, which means that no quantity claims can be accepted in arrears. Therefore, by signing the delivery note it shall be taken for acknowledged that the parcel corresponds to the submitted order, both externally and content-wise.

7.1.3.  Should the goods or the packaging be damaged, the courier is to be be asked to make a protocol. If there is visible damage to the packaging or to the product at the time of taking delivery, the product(s) can be returned without extra charge to the customer. For physical damage discovered after having taken delivery of the goods we shall not be held liable.

8. Discounts

8.1.1. Our webshop has ongoing special offers. These special offers are valid as long as stocks last.

8.1.2. In addition to the Heavy Tools shops, our loyalty programme can be taken advantage of in the webshop as well. By giving your loyalty card number you get access to the discounts set out in the provisions of the Loyalty Programme.

8.1.3. When taking advantage of discounts, the following limitations must be noted:

In the case of special offers no further (special/loyalty) discounts apply;

Limited period special offers are only valid and applicable in the given period;

It is not possible to cumulate discounts (special/loyalty).

9. Collaborators

9.1.1. Service providers engaged as collaborators and data processors with regard to the services being the subject matter of the GTCS:

NetGo.hu Kft. (2100 Gödöllő Kossuth utca 32. II/6. E-mail: info@netgo.hu)

MNP-Szoftverház Kft. (1113 Budapest, Badacsonyi u. 21.)

 

10. Express Warranty

10.1.1.  We hereby incorporate and make public the provisions relating to express warranty of Annex 3 of the above already cited Edict 45/2014 (II.26) on the detailed rules of contracts concluded between consumers and traders applicable to consumers into this GTCS as follows:

When can you make an express warranty claim?

You can make an express warranty claim according to the provisions of the Hungarian Civil Code. in the event of a defective performance of Premium Sport Kft. according to the provisions of the Hungarian Civil Code.

What rights do you have when making an express quality warranty claim?

You can, in your choice:

Ask for repair or a replacement, except if the remedy you asked for is impossible to execute or executing it would put an undue financial burden on the trader. If you did not or could not ask for repair or a replacement you can demand a proportionate price reduction or you can repair the good yourself or have it repaired at the expense of the trader. As a final resort you can withdraw from the contract.

You can convert from one of the above options to another but you will have to carry the costs thus incurred, except if the conversion can be substantiated or the trader’s conduct was the cause for the conversion.

What time limitation is there for enforcing your express warranty rights?

You must report the defect without delay after having discovered it but not later than two months after discovering it. It must be noted, however, that your rights for making an express warranty claim lapse after two years from the date of the execution of the contract.

To whom must you direct your claim?

Your claim must be directed to the trader.

What other conditions are there for making a claim?

There are no further conditions for making a claim within six months of the execution of the contract if you prove that the supplier of the product(s) or service(s) was Premium Sport Kft. However, once the six months have expired the onus will be on you to prove that the defect discovered by you was there at the time of delivery.

10.1.2. Beyond and on top of fulfilling our obligations towards our customers laid down by law we afford additional rights and further benefits to them. Furthermore, we have extended such consumer rights and benefits even to customers not deemed consumers in terms of the law. Information in this regard can be found on heavytools.hu. We reserve the right to change such additional rights, without modifying this GTCS, by way of modifying the conditions elaborated on the pages of heavytools.hu or to weigh up the securing of certain additional benefits from case to case. The rights and benefits contained in this clause are under no circumstances deemed to be limitations of consumer rights provided for by legislation or this GTCS.

11. Implied warranty

11.1.1. We hereby incorporate and make public the provisions relating to implied warranty of Annex 3 of the above already cited Edict 45/2014 (II.26) on the detailed rules of contracts concluded between consumers and traders applicable to consumers into this GTCS as follows:

 

When can you make an implied warranty claim?

In the case of movable property you can, in your choice, make an express warranty claim (as per above) or an implied warranty claim.

What rights do you have in regard of making an implied warranty claim?

When making an implied warranty claim you only have the right to demand the repair or replacement of the defect product.

When is a product defect?

The product is considered defect if it does not comply with the quality requirements effective at the time of putting it on the market or it does not have the attributes claimed in the product description provided by the manufacturer.

What is the time limit for making an implied warranty claim?

An implied warranty claim can be made within two years from the date when the manufacturer put the product on the market. This is a limitation period after which no claim can be made.

Against whom and under what additional conditions can an implied warranty claim be made?

An implied warranty claim can only be made against the manufacturer or distributor of movable property. The onus of proving the defect is on the consumer.

When can the manufacturer (distributor) free themselves from their implied warranty obligation?

Manufacturers (distributors) can only free themselves from their implied warranty obligation if they can prove that:

the product was not manufactured or distributed by them in the course of their normal business activity;

according to the state of the art at the time of putting it on the market, the defect was not detectable;

the defect is due to legislation or to the compulsory adherence to the specifications of authorities.

It is sufficient for the manufacturer (distributor) to prove only one of the above causes.

It must be noted that an express warranty claim and an implied warranty claim for the same defect cannot be made parallel. Should, however, your implied warranty claim be successful you still have the right to an express warranty claim against the manufacturer with regard to the replaced product or to the repair.

 

12. Right of withdrawal

12.1.1. Consumers can exercise their right of withdrawal from the contract concluded in the heavytools.hu webshop between the consumer and the trader within fourteen (14) days from having taken delivery by the consumer or a third party nominated by the consumer, other than the delivery agent, without giving reasons. Should, for whatever reason, the products ordered under a given order code be delivered at different times, the 14 days are calculated from the time of delivery of the last product.

12.1.2.  The right of withdrawal as per 12.1.1. above can also be exercised prior to taking delivery of the product(s). The declaration must be sent to the address of Premium Sport Kft. shown in chapter 1.

12.1.3.  The consumer can exercise the right of withdrawal by using the model declaration in Annex. 1. of this GTCS or by way of any other unequivocal declaration. The onus is on the consumer to prove that the right of withdrawal was exercised in line with the provisions of this clause.

12.1.4.  If the customer withdraws from the contract concluded with Premium Sport Kft. according to the provisions of the previous clause, Premium Sport Kft. shall refund the full amount paid by the consumer for the product(s), including any charges levied, latest within fourteen days from learning of the withdrawal.

12.1.5.  Premium Sport Kft. refunds money due back by the same payment mode as the consumer chose for paying for the goods. With the express consent of the consumer the trader may use another payment mode for the refund but this must under no circumstances cause the consumer any additional costs.

If the consumer paid C.O.D. for the goods that are subject matter of the withdrawal, it is the responsibility of the consumer to choose a mode of payment for refunding, according to the provisions of this GTCS, which allows for the proper refunding of the full amount paid for the goods, including any charges that may have been levied.

12.1.6.  If the consumer chooses a transport mode other than the least costly commonly used one for returning the goods, the trader shall not be bound to refund extra costs thus incurred.

12.1.7. Premium Sport Kft. is entitled to withhold the refund until such time that the consumer returns the good(s) or proves beyond any doubt that the good(s) have been sent back; whichever was first must be taken as the time of return.

12.1.8.  If the consumer withdraws from the contract concluded in the heavytools.hu webshop according to the provisions of the above clauses, the product(s) must be returned or handed over personally without delay, but in any event not later than within fourteen days from the withdrawal. The product(s) are deemed returned in time if the consumer sends them off before the expiry of the deadline.

12.1.9.  The direct costs of returning the goods shall be carried by the consumer.

12.1.10. The consumer is liable for any wear and tear in excess of necessary use for establishing the product’s characteristics, properties and functioning.

12.1.11.The consumer cannot exercise their right of withdrawal in the case of sealed products, which for health protection and hygiene reasons cannot be returned once they have been opened following delivery.

12.1.12.Beyond and on top of fulfilling our obligations towards our customers laid down by law, we afford additional rights and further benefits to them. Furthermore, we have extended such consumer rights and benefits even to customers not deemed consumers in terms of the law. Information in this regard can be found on heavytools.hu. We reserve the right to change such additional rights, without modifying this GTCS, by way of modifying the conditions elaborated on the pages of heavytools.hu or to weigh up the securing of certain additional benefits from case to case. The rights and benefits contained in this clause shall under no circumstances be deemed to be limitations of consumer rights secured by legal acts or provisions of this GTCS.

 

13. Customer service

13.1.1.  It is in the interest of Premium Sport Kft. that visitors and buyers be satisfied with the heavytools.hu pages to the fullest extent, therefore we are grateful for any criticism and suggestions.

13.1.2. Our customer service can be reached by the e-mail address webshop@heavytools.info, at Szőlőkert u. 4., H-1033 Budapest, Hungary or on telephone number +36 1 453 09 88 workdays between 08:00 and 16:30 hours.

13.1.3.  If you would like to contact us by post, please write on the envelop: “heavytools.hu webshop”.

14. Legal recourse

14.1.  Complaint handling

14.1.1. Should you not get a comforting and satisfactory answer from our customer service, please send us your written remarks and complaints to webshop@heavytools.info e-mail address or to Premium Sport Kft. Szőlőkert u. 4., H-1033 Budapest, Hungary, which is also the place for complaint handling. In your complaint, please refer to the conversation with our customer service giving details of the circumstances why it was unsuccessful.

14.1.2. A complaint can also be made personally in the shops of Premium Sport Kft., however an immediate investigation of the complaint is not possible in all of our shops. In such a case a protocol is made.

14.1.3.   Premium Sport Kft. reacts to the complaint in writing within 30 days, and should the complaint be thought unfounded, this standpoint shall be substantiated.

14.1.4.  If the complaint is rejected, Premium Sport Kft. shall advise the consumer in writing to which authority or conciliation board they can turn, depending on the nature of the complaint. The information shall include the registered seat, telephone number, internet contact and postal address of the authority and conciliation board competent according to the permanent address or dwelling place of the consumer.

14.1.5.  The trader is obliged to keep the complaint protocol and a copy of the reply to the complaint for five years and present these to the controlling authorities on demand. (Ftv.[Consumer Protection Act] 17/A (7)).

14.2. Other legal recourses

14.2.1.  Should the consumer and Premium Sport Kft. not be able to settle their legal dispute amicably in the course of complaint handling, the consumer has the following further possibilities for legal recourse:

§ Making a complaint to the consumer rights protection authority. Should the consumer feel that their consumer rights have been violated, the consumer has the right to turn to the competent consumer rights protection authority. Following the adjudication of the complaint the authority decides whether consumer rights protection proceedings are to be initiated;

§ Conciliation board. The consumer has the right to initiate proceedings in front of the regionally competent conciliation board in the interest of settling legal disputes out of court in connection with the quality of a product, its safety and the application of the rules of product liability, as well as the circumstances of contracting and performance. In terms of the rules applicable to conciliation boards, consumers are defined as incorporated NGOs, churches, condominiums, housing cooperatives, micro-, small- and medium sized enterprises, the person who buys, orders, receives, uses and makes use of goods or is the addressee of communication and offers relating to goods.

The Budapest Conciliation Board can be contacted at:

H-1016 Budapest, Krisztina krt. 99. III. em. 310., Hungary

Postal address: H-1253 Budapest, POB 10., Hungary

email address: bekelteto.testulet@bkik.hu

Fax: +36 (1) 488 21 86

Phone: +36 (1) 488 21 31

§ Court proceedings: You have the right to start civil proceedings in court to enforce your claims stemming from the legal dispute.

15. Intellectual property rights

15.1.1.  The contents of the heavytools.hu pages fall under intellectual property rights protection (including and especially as regards graphics and photographs). Premium Sport Kft. reserves all rights to these.

15.1.2. Visitors of the heavytools.hu pages are not entitled to copy, adapt, translate and to distribute the contents, with special regard to 15.1.1. above, or to make these available to third parties. As regards cases of fair use, the provisions of the Act on intellectual property rights are applicable.

16. Technical support

16.1.1.  Premium Sport Kft. hereby declares that the security level of the IT system operating the heavytools.hu pages is appropriate, using it is without risk. It is, however, suggested that the following precautionary steps be taken: virus and spyware protection software should be used with fresh databases and the security updates of the operating system should be installed. It is assumed that the user is acquainted with the technical limitations of the internet and is aware of the possibility of malfunctioning and the risks of using this technology.

16.1.2.  The provisions and equipment used for the protection of data processed by Premium Sport Kft. are contained in the “Data processing policy”.

17. Scope of the GTCS

17.1.1.  The scope of this GTCS extends to sale-purchase contracts concluded while the GTCS is in force. The GTCS is automatically put out of force when new (modified) general terms and conditions of sale are introduced. For contracts concluded thereafter the provisions of the new GTCS shall be applicable. Premium Sport Kft. reserves the right to modify this GTCS at any time while endeavouring to do so as seldom as possible. Issuing a new GTCS has no effect on the contents of contracts concluded under the present GTCS.

18. Final provisions

18.1.1. To issues not regulated in this GTCS Hungarian law is applicable with special regard to the following Acts and Edict:

Act 5. of 2013 – Hungarian Civil Code;

Edict 45/2014 (II.26.) – on the detailed rules for contracts between consumer and trader;

Act 155 of 1997 – on consumer rights protection (Fgytv.);

Act 100 of 2000 – on Accounting (Számv. tv.);

Act 108 of 2001 – on electronic trade and certain issues in connection with the information society (Eker. tv.);

Act 112 of 2011 – on the right to information self-determination and information freedom;

Act 48 of 2008 – on the basic conditions for commercial advertising activities and certain limitations (Grt,).

18.1.2.  This GTCS was drafted by dr. László Kövi, attorney at law (Kövi Lawyer’s Office) on 22nd October, 2015. This information is provided in accordance with the provision of Regulation 8/1999 (III.22.) clause 7/2 of MÜK (Hungarian Chamber of Lawyers).

Annex. 1. – Model declaration of withdrawal

 (Only fill it in and send to the trader if you want to withdraw from the sale-purchase contract)

Addressee: PREMIUM SPORT LIMITED LIABILITY COMPANY (H-1033 Budapest, Hungary, Szőlőkert u. 4., Phone: +36-1-453-0860, e-mail: webshop@heavytools.info)

I/we the undersigned declare that I/we hereby wish to exercise our right of withdrawal in regard of the sale-purchase contract for the following products:

Date of concluding the contract/Date of taking delivery:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) [1]:

Dated:

[1] Only needed if the declaration is submitted in hard copy form