The contract concluded based on this document is not filed (it is not stored or accessible later; the order details serve as evidence of the contract’s conclusion), is established through implied conduct (actions indicating agreement, such as placing an order, rather than a formal signed document), does not qualify as a written contract, is written in Hungarian, and does not refer to a code of conduct. For any questions related to the operation of the webshop, the ordering, or delivery process, we are available at the contact details provided.
The scope of these General Terms and Conditions (hereinafter: T&C) (a legal document outlining the rules and conditions for using the Service Provider’s services and purchasing products) extends to legal relationships on the Service Provider’s website (https://davroe.hu/hu/) and its subdomains. This T&C is continuously available (and downloadable, printable at any time) at the following website: https://davroe.hu/hu//aszf.
Definitions (explanations of key terms used throughout the T&C to ensure clarity):
- User (any individual or entity, whether a person or organization, who interacts with or purchases from the Service Provider’s website or services): Any natural or legal person or organization that uses the Service Provider’s services or enters into a contract with the Service Provider.
- Consumer (a specific type of User, typically an individual buying for personal use, protected by consumer laws): A User who is a natural person acting outside their trade, profession, or business.
- Business (a User purchasing or acting in a professional or commercial capacity, subject to different legal rules): A person acting within their trade, profession, or business.
- Service Provider (the company operating the website and offering products or services, in this case, Alpen Pharma Kft.): A natural or legal person or organization without legal personality providing information society services, offering services to the User, or entering into a contract with the User.
1. SERVICE PROVIDER’S DETAILS (key information about the company operating the webshop, required for legal transparency and contact purposes)
- Name of the Service Provider: Alpen Pharma Kft. (the legal entity responsible for the webshop).
- Registered Office of the Service Provider (and place for handling complaints): 1095 Budapest, Soroksári út 48, Building 15, 1st floor, Door 2 (the official business address where complaints can also be submitted).
- Contact Details, Regularly Used Email Address for Communication with Users: info@davroe.hu (primary email for customer inquiries).
- Company Registration Number/Registration Number: 01-09-285719 (unique identifier for the company in the Hungarian company registry).
- Tax Number: 25723667-2-43 (tax identification number for tax purposes in Hungary).
- Authority Registering the Company / Licensing Authority and License Number (if applicable): Company Court of the Budapest-Capital Regional Court (the judicial body that registered the company).
- Phone Number: +36 30 313 5887 (contact number for customer support).
- Language of the Contract: Hungarian (the language in which all contractual agreements are written and interpreted).
- Name, Address, and Email of the Hosting Provider (the company hosting the webshop’s website, required for transparency under e-commerce laws):
SwissCenter
OpenBusiness SA
World Trade Center Av. Gratta-Paille 2, 1018 Lausanne, Switzerland
Email: info@swisscenter.com
Phone: +41 21 641 10 10
2. BASIC PROVISIONS (fundamental rules governing the use of the webshop and legal framework)
2.1. Issues not regulated in this T&C, as well as the interpretation of this T&C, are governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (“Ptk.”) (Hungary’s primary civil law governing contracts and obligations), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (E-commerce Act) (regulates online business activities), and Government Decree 45/2014 (II. 26.) (sets rules for consumer-business contracts). For specific products, the relevant sectoral legal provisions apply. The mandatory provisions of the relevant laws apply to the parties without separate stipulation.
2.2. This T&C is effective from April 9, 2025, and remains in force until revoked. The Service Provider publishes amendments to this T&C on the website and notifies registered or previously purchasing Users of the changes via email. The amendments do not affect previously concluded contracts, meaning the amendments have no retroactive effect.
2.3. The Service Provider reserves all rights regarding the website, any part thereof, the content displayed on it, and the distribution of the website. Downloading, electronically storing, processing, or selling the content displayed on the website or any part thereof is prohibited without the written consent of the Service Provider (except for this document and the data protection notice).
2.4. The Service Provider is not liable for the sale of products published on websites not operated by or attributable to the Service Provider.
3. REGISTRATION / PURCHASE (rules for creating an account or placing orders)
3.1. If false or data attributable to another person is provided during the use/ordering/subscription of the service, the resulting electronic contract may be challenged by the entitled party before a court. If the challenge is successful (i.e., the claimant wins), the contract becomes invalid from the time of its conclusion, or if it conceals another contract, the rights and obligations of the parties shall be determined based on the concealed contract.
3.2. The Service Provider is not liable for delivery delays or other issues or errors resulting from incorrect and/or inaccurate data provided by the User. However, the Service Provider informs Users that, after consultation and clear identification with the User, incorrect data can be corrected in the order to ensure smooth invoicing and delivery.
3.3. The Service Provider is not liable for damages resulting from the User forgetting their password or it becoming accessible to unauthorized persons for reasons not attributable to the Service Provider (if registration is available on the site).
4. RANGE AND PRICES OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE (details about products, pricing, and promotions)
4.1. The displayed products can be ordered online from the webshop (in some cases by phone). The prices displayed for the products are in Hungarian Forints (Hungary’s official currency, abbreviated as HUF), are gross prices (include the legally required VAT, or if the Service Provider invoices VAT-free, the prices are the amounts payable), but do not include delivery or payment-related fees. No separate packaging costs are charged, except if the User requests decorative or other special packaging.
4.2. In the webshop, the Service Provider provides detailed information about the product’s name, description, and displays photos of the products (if possible).
4.3. If a promotional price is introduced, the Service Provider fully informs Users about the promotion and its exact duration. The Service Provider determines promotional prices lawfully, in compliance with the rules of Joint Decree 4/2009 (I. 30.) of the NFGM-SZMM (regulates how prices and discounts must be displayed).
4.4. In case of an incorrect price being displayed, the Service Provider is not obliged to confirm the order at that price but may reject the offer and offer confirmation at the correct, actual price, which the User may:
- Not accept the amended offer and cancel the order.
- Maintain the order at the correct price.
Under Act V of 2013 on the Civil Code (Ptk.) (governs contract formation), a contract is formed through the mutual and concordant expression of the parties’ intentions. If the parties cannot agree on the contractual terms, i.e., there is no mutual and concordant statement expressing their intentions, a valid contract with enforceable rights and obligations cannot be deemed to have been concluded.
An incorrect price includes:
- 0 HUF,
- 1 HUF, or
- A promotional price that does not correspond to the percentage discount indicated relative to the original price. For example, if a product’s original price is 10.000 HUF and a 50% discount is applied, the correct promotional price would be 5.000 HUF. It is considered an incorrect price if 1.000 HUF or 2.000 HUF is displayed instead.
5. ORDER PROCESS (steps for placing an order on the webshop)
5.1. After registering, the User logs into the webshop or can start shopping without registration.
5.2. The User places the selected products in the cart (a virtual collection of selected items for purchase). The User can view the cart’s contents at any time by clicking on the “cart” icon.
5.3. The User sets the quantity of the product(s) to be purchased.
5.4. If the User does not wish to purchase additional products, they check the quantity of the product(s) to be purchased. By clicking the “delete item” icon, the User can clear the cart’s contents. To finalize the quantity, the User clicks the “+/-” icon.
5.5. The User provides the delivery address and selects the delivery/payment method, which are as follows:
5.5.1. Payment Methods (options for paying for the order):
- Cash on Delivery (payment made in cash or by card upon receipt of the product): If the ordered product is delivered by courier or to a parcel point, the User can pay the total order amount to the courier or at the parcel point in cash or by card upon receipt of the product(s).
- Online Card Payment (payment made online via a secure payment system): The User can pay the total order amount online by card through the secure payment system of the financial service provider used by the Service Provider.
Card Payment with SimplePay (a secure online payment platform):
I acknowledge that the following personal data stored in the user database of Alpen Pharma Kft. (1095 Budapest, Soroksári út 48, Building 15, 1st floor, Door 2) at https://davroe.hu/hu/ will be transferred to OTP Mobil Kft. (a Hungarian payment processing company) as a data processor: Billing name and address, email, phone number.
The nature and purpose of the data processing activities performed by the data processor can be viewed in the SimplePay Data Processing Notice (a legal document explaining how payment data is handled) at the following link: https://simplepay.hu/adatkezelesi-tajekoztatok/
5.5.2. Delivery Costs (gross amounts) (fees for shipping, including VAT):
- For deliveries under 25.000 HUF:
- FoxPost: 1.250 HUF (a parcel locker delivery service in Hungary).
- DPD: 1.790 HUF (a courier delivery service).
- Free delivery for orders above 25.000 HUF.
5.6. The total amount payable, based on the order summary and confirmation email, includes all costs. Under Section 6:127 of the Ptk. (Civil Code provision on verifying delivered goods), the User is obliged to promptly verify whether the quality and quantity of the ordered product(s) are appropriate. Product(s) are delivered on weekdays between 8:00 and 17:00.
5.7. After entering the data, the User can submit their order by clicking the “order” button, but before doing so, they can review the provided data again, add a comment to the order, or contact us via email with other order-related requests.
5.8. By placing the order, the User acknowledges that, pursuant to Section 15 and other conditions (e.g., Section 20) of Government Decree 45/2014 (II. 26.) (regulates consumer rights in distance contracts), a payment obligation arises with the order.
5.9. Correction of Data Entry Errors (process for fixing mistakes during ordering): The User can always return to the previous step before completing the order process to correct the entered data. In detail: During the order process, the User can view and modify the cart’s contents. If the cart does not contain the desired quantity, the User can enter the desired quantity in the data entry field in the quantity column. To delete products from the cart, the User clicks the “delete item” button. The User can continuously correct/delete the entered data during the order process. The User can also request correction of any errors after submitting the order by phone or email.
5.10. The User receives a confirmation email after submitting the order. If this confirmation does not arrive within the expected timeframe based on the nature of the service, but no later than 48 hours after the order is submitted, the User is released from the offer’s binding nature or contractual obligations. The order and its confirmation are deemed received by the Service Provider or the User when they become accessible to them. The Service Provider excludes liability for confirmation delays if the confirmation does not arrive on time because the User provided an incorrect email address during registration or because their account’s storage capacity is full, preventing message receipt.
5.11. The User acknowledges that the confirmation described in the previous point is only an automatic confirmation and does not create a contract. The contract is formed when the Service Provider, following the automatic confirmation mentioned above, notifies the User in another email about the order details and expected fulfillment.
5.12. Publication and Rules for Customer Reviews (guidelines for posting reviews to ensure authenticity):
Our webshop only contains consumer reviews submitted by consumers who purchased or used the product. We do not selectively display only positive reviews. It is strictly prohibited to publish false consumer reviews or endorsements to promote our products.
6. PROCESSING AND FULFILLMENT OF ORDERS (how orders are handled and delivered)
6.1. Orders are processed during business hours. Orders can be placed outside the designated processing times, and if placed after business hours, they will be processed on the following business day. The Service Provider always confirms electronically when it can fulfill the order.
6.2. The general fulfillment deadline is within 2-3 business days from the conclusion of the contract.
6.3. Under the sales contract, the Service Provider is obliged to transfer ownership of the item, and the User is obliged to pay the purchase price and accept the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of loss (responsibility for damage or loss of the product) passes to the buyer when the buyer or a third party designated by them takes possession of the item. The risk of loss passes to the buyer upon handover to the carrier if the carrier was commissioned by the buyer, provided the carrier was not recommended by the seller.
6.5. In case of delay by the Service Provider, the User is entitled to set an additional deadline. If the seller does not perform within the additional deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if:
a) The Service Provider refused to perform the contract; or
b) The contract was supposed to be performed at a specific time, as agreed by the parties or due to the recognizable purpose of the service, and not at another time.
If the Service Provider is delayed, the User may demand performance, or if their interest in the contract’s performance ceases due to the delay, they may withdraw from the contract.
The User’s withdrawal does not require proof of the cessation of interest in performance if:
a) The contract was supposed to be performed at a specific time, as agreed by the parties or due to the recognizable purpose of the service, and not at another time; or
b) The User set a reasonable additional deadline for subsequent performance, and the deadline expired without performance.
6.7. If the Service Provider fails to fulfill its contractual obligations because the specified product is not available, it must immediately inform the User and promptly refund any amounts paid by the User. Additionally, the Service Provider must ensure that the User can exercise other legal rights provided for defective performance.
6.8. The Service Provider draws the attention of Users to the fact that if the User fails to accept the contractually delivered ordered product(s) (regardless of the payment method), they commit a breach of contract, specifically falling into delay under Section 6:156(1) of the Ptk. (Civil Code provision on failure to fulfill obligations on time).
This means that, under the rules of agency without specific authorization (a legal concept where someone acts on another’s behalf without explicit permission, incurring costs), if the Consumer does not indicate their intention to withdraw (and does not state whether they wish to accept the ordered product(s)), the Service Provider will charge the User for the usual storage costs related to the product(s) and the delivery costs (both ways).
The Service Provider informs Users that, to enforce its legal claims arising from this, it will engage a debt collection agency and/or lawyer, and the User will also be responsible for other (legal) costs arising from the breach, including the costs of payment order proceedings (a legal process to recover debts).
7. RIGHT OF WITHDRAWAL (Consumer’s right to cancel a distance contract without reason within a set period)
7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council (EU regulation protecting consumer rights in distance contracts) and Government Decree 45/2014 (II. 26.) (Hungarian law implementing the EU directive), the Consumer is entitled to a right of withdrawal without justification.
The Consumer may exercise their right of withdrawal or termination:
a) In the case of a contract for the sale of goods:
aa) For the product,
ab) For multiple products, if the delivery of individual products occurs at different times, for the last delivered product,
ac) For a product consisting of multiple lots or pieces, for the last delivered lot or piece,
ad) If the product is to be delivered regularly within a specified period, for the first delivery,
within fourteen days (the legal period for withdrawing from a distance contract) from the date the Consumer or a third party designated by them, other than the carrier, takes possession of the product.
If the Service Provider fails to provide this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information after the expiry of 14 days from the receipt of the product or the conclusion of a service contract, but within 12 months, the withdrawal period is 14 days from the date the information is provided.
7.2. The Consumer may exercise their right of withdrawal by making a clear statement to that effect or by using the model withdrawal form (a standardized form provided in the decree) specified in Annex 2 of Government Decree 45/2014 (II. 26.).
7.3. The period for exercising the right of withdrawal expires 14 days from the day the Consumer or a third party designated by them, other than the carrier, takes possession of the product.
7.4. The Consumer may also exercise their right of withdrawal between the date of concluding the contract and the date of receiving the product.
7.5. The direct cost of returning the product must be borne by the Consumer, as the business has not undertaken to cover this cost.
7.6. When exercising the right of withdrawal, the Consumer bears no costs other than the direct cost of returning the product.
7.7. The right of withdrawal does not apply to the Consumer for non-prefabricated products made according to the Consumer’s instructions or explicit request or for products clearly personalized for the Consumer.
7.8. The Consumer also cannot exercise the right of withdrawal (full list of exceptions as per the decree):
a) For a service contract after the service has been fully performed, but only if the performance began with the Consumer’s explicit prior consent and acknowledgment that they lose their right of withdrawal once the contract is fully performed;
b) For goods or services whose price or fee depends on fluctuations in the financial market beyond the business’s control, even within the period specified in Section 20(2);
c) For non-prefabricated goods made according to the Consumer’s instructions or explicit request or for goods clearly personalized for the Consumer;
d) For perishable goods or goods that retain their quality for a short time;
e) For sealed goods that cannot be returned after opening due to health or hygiene reasons;
f) For goods that, by their nature, inseparably mix with other goods after delivery;
g) For alcoholic beverages whose actual value depends on market fluctuations beyond the business’s control, and whose price was agreed upon at the time of concluding the sales contract, but performance occurs only after the 30th day from conclusion;
h) For a contract where the business visits the Consumer at their explicit request for urgent repair or maintenance work;
i) For the sale of sealed audio or video recordings or computer software if the Consumer opens the packaging after delivery;
j) For newspapers, magazines, and periodicals, except for subscription contracts;
k) For contracts concluded at public auctions;
l) For contracts for accommodation (other than residential), transport, car rental, catering, or leisure activities if a specific performance date or period is stipulated;
m) For digital content provided on non-tangible media if the business began performance with the Consumer’s explicit prior consent, and the Consumer acknowledged with that consent that they lose their right of withdrawal/termination once performance begins, and the business sent a confirmation under Section 12(2) or Section 18.
7.9. The Service Provider shall promptly, but no later than 14 days from becoming aware of the withdrawal, refund the full amount paid by the Consumer as consideration, including costs incurred in connection with performance. However, the Service Provider has a right of retention (the legal right to withhold the refund until certain conditions, like return of the product, are met).
7.10. For refunds, we use the same payment method as the original transaction, unless the Consumer explicitly consents to another payment method; the use of this refund method does not incur any additional costs for the Consumer.
7.11. The Consumer is obliged to return the goods without undue delay, but in any case no later than 14 days from sending the withdrawal notification to the Service Provider. If the business also sells the goods in a physical store and the Consumer exercises the right of withdrawal in person at the store, they are entitled to return the goods simultaneously.
7.12. For written withdrawal, it is sufficient for the Consumer to send the withdrawal statement within 14 days.
7.13. The Consumer complies with the deadline if they return or hand over the product(s) before the 14-day period expires. The return is deemed timely if the Consumer sends the product before the deadline expires.
7.14. The Consumer bears only the direct cost of returning the product.
7.15. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from choosing a delivery method other than the least expensive standard delivery method offered by the Service Provider.
7.16. The Service Provider may withhold the refund until it has received the goods back or the Consumer has provided proof of their return, whichever occurs earlier.
7.17. If the Consumer wishes to exercise their right of withdrawal, they can notify the Service Provider via any of its contact details in writing (using the attached form, if desired), by phone, or in person. For written notification by post, the date of posting is considered; for notification by phone, the date of the phone call is considered. The Consumer can return the ordered product by post or courier service to the Service Provider.
7.18. The Consumer is liable only for depreciation resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the product.
7.19. Government Decree 45/2014 (II. 26.) (Hungarian law on consumer-business contracts) is available here.
7.20. Directive 2011/83/EU of the European Parliament and of the Council (EU consumer rights directive) is available here.
7.21. The Consumer may also contact the Service Provider with other complaints using the contact details provided in this T&C.
7.22. The right of withdrawal applies only to Users qualifying as Consumers under the Civil Code (individuals acting for personal use, not businesses).
7.23. The right of withdrawal does not apply to Businesses (persons acting within their trade, profession, or business).
7.24. (Applicable only if the Service Provider also provides services in addition to sales.) If the Consumer terminates a distance contract after performance has begun, they are obliged to pay the business a fee proportional to the service provided up to the time of termination notification. The proportional amount payable by the Consumer is determined based on the total consideration agreed in the contract, including taxes. If the Consumer proves that the total amount calculated this way is excessively high, the proportional amount is calculated based on the market value of the services provided up to the contract’s termination.
7.24. Procedure for Exercising the Right of Withdrawal (steps for Consumers to cancel their order):
7.24.1. If the Consumer wishes to exercise their right of withdrawal, they must notify the Service Provider of their intention using its contact details.
7.24.2. The Consumer exercises their right of withdrawal within the deadline if they send their withdrawal statement before the 14th day from receiving the product. For written withdrawal, it is sufficient to send the withdrawal statement within 14 days. For notification by post, the date of posting is considered; for notification by email, the time of sending the email is considered.
7.24.3. In case of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider’s address without delay, but no later than 14 days from communicating their withdrawal statement. The deadline is deemed met if the Consumer sends the product before the 14-day period expires (i.e., it does not need to arrive within 14 days). The Consumer bears the direct costs of returning the product due to exercising the right of withdrawal. If the business also sells the goods in a physical store and the Consumer exercises the right of withdrawal in person at the store, they are entitled to return the goods simultaneously.
7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for additional costs resulting from choosing a delivery method other than the least expensive standard delivery method offered by the Service Provider. The Consumer may also exercise their right of withdrawal between the date of concluding the contract and the date of receiving the product.
7.24.5. For the purchase of multiple products, if the delivery of individual products occurs at different times, or for a product consisting of multiple lots or pieces, the Consumer may exercise the right of withdrawal within 14 days from receiving the last delivered product, lot, or piece.
8. WARRANTY (legal protections for defective products)
Defective Performance (when a product or service does not meet contractual or legal standards):
The obligor performs defectively if the service does not meet the quality requirements stipulated in the contract or by law at the time of performance. The obligor does not perform defectively if the entitled party knew or should have known of the defect at the time of concluding the contract.
In a contract between a consumer and a business, any clause deviating from the provisions of this chapter on statutory warranty (a legal right to demand repair, replacement, or refund for defective products) and guarantee (a mandatory warranty period for certain goods) to the detriment of the Consumer is null and void.
A User qualifying as a Business (a person acting within their trade, profession, or business, with fewer protections than Consumers).
Statutory Warranty
8.1. In what cases can the User exercise their statutory warranty rights?
In case of defective performance by the Service Provider, the User may assert a statutory warranty claim (a legal remedy for defective products) against the Service Provider under the rules of the Civil Code.
8.2. What rights does the User have based on their statutory warranty claim?
The User may, at their choice, exercise the following statutory warranty claims: request repair or replacement, unless the chosen claim is impossible to fulfill or would result in disproportionate additional costs for the business compared to fulfilling another claim. If the User did not or could not request repair or replacement, they may request a proportional reduction in the consideration or, as a last resort, withdraw from the contract. The User may switch from one chosen statutory warranty right to another, but they bear the cost of the switch unless it was justified or caused by the business.
The Consumer is also entitled, depending on the severity of the breach, to request a proportional reduction in the consideration or terminate the sales contract if:
a) The business did not carry out repair or replacement, or carried it out but did not fully or partially perform disassembly and reinstallation, or refused to make the goods compliant with the contract;
b) A repeated performance defect occurs despite the business’s attempt to make the goods compliant with the contract;
c) The defect in performance is so serious that it justifies an immediate price reduction or immediate termination of the sales contract; or
d) The business has not undertaken to make the goods compliant with the contract, or it is evident from the circumstances that the business will not make the goods compliant within a reasonable period or without significant prejudice to the Consumer.
If the Consumer wishes to terminate the sales contract due to defective performance, the business bears the burden of proving that the defect is insignificant.
The Consumer is entitled to withhold, in whole or in part, the remaining purchase price, depending on the severity of the breach, until the business fulfills its obligations regarding the conformity of performance and defective performance.
The reasonable period for carrying out repair or replacement is calculated from the time the Consumer communicates the defect to the business.
The Consumer must make the goods available to the business for repair or replacement.
The business must arrange for the return of the replaced goods at its own cost. If repair or replacement requires the removal of goods that were installed in accordance with their nature and purpose before the defect became apparent, the obligation to repair or replace includes the removal of the non-compliant goods and the installation of the replacement or repaired goods or covering the costs of removal and installation.
A price reduction is proportional if its amount equals the difference between the value of the goods due to the Consumer in case of compliant performance and the value of the goods actually received by the Consumer.
The Consumer’s statutory warranty right to terminate the sales contract can be exercised with a legal statement addressed to the business expressing the decision to terminate.
If the defective performance affects only a specific part of the goods provided under the sales contract and the conditions for exercising the right to terminate are met, the Consumer may terminate the contract only with respect to the defective goods but may also terminate it with respect to any other goods acquired together if it is not reasonable to expect the Consumer to keep only the compliant goods.
If the Consumer terminates the sales contract in whole or with respect to a part of the goods provided under the sales contract:
a) The Consumer must return the affected goods to the business at the business’s expense; and
b) The business must promptly refund the purchase price paid for the affected goods upon receipt of the goods or proof of their return.
8.3. Within what period can the User assert their statutory warranty claim?
The User (if qualifying as a Consumer) is obliged to report the defect immediately upon discovery, but no later than two months from discovering the defect. However, please note that statutory warranty rights cannot be asserted beyond the two-year limitation period (the legal timeframe for claiming warranty rights, one year for businesses or used products) from the contract’s performance. (For products with an expiration date, statutory warranty can be asserted until the expiration date.)
If the goods containing digital elements are subject to a sales contract providing for the continuous supply of digital content or services for a specified period, the business is liable for defects in the digital content or services of the goods if the defect:
a) Occurs or becomes apparent within two years from the performance of the goods for continuous supply not exceeding two years; or
b) Occurs or becomes apparent during the entire period of continuous supply for continuous supply exceeding two years.
8.4. Against whom can the User assert their statutory warranty claim?
The User can assert their statutory warranty claim against the Service Provider.
8.5. What other conditions apply to exercising statutory warranty rights (if the User qualifies as a Consumer)?
Within one year from performance, there are no conditions for asserting a statutory warranty claim beyond reporting the defect, provided the User proves that the product or service was provided by the business operating the webshop. After one year from performance, the User must prove that the defect recognized by them existed at the time of performance.
Product Warranty (a separate warranty against the manufacturer for defective products)
8.6. In what cases can the Consumer exercise their product warranty rights, and what rights do they have based on a product warranty claim?
For defective movable goods, the Consumer may, at their choice, exercise their statutory warranty rights or assert a product warranty claim (a claim against the manufacturer for defective products) under the rules of the Civil Code.
Under a product warranty claim, the Consumer may request the repair or replacement of the defective product.
8.7. Against whom can the Consumer assert their product warranty claim?
The Consumer can exercise their product warranty rights against the product’s manufacturer or distributor (collectively referred to as the manufacturer).
8.8. When is a product considered defective?
A product is defective if it does not meet the quality requirements in force at the time of its placing on the market (when the product was first sold) or does not have the characteristics specified in the description provided by the manufacturer.
8.9. Within what period can the Consumer assert their product warranty claim?
The Consumer can assert their product warranty claim within two years from the product’s placing on the market by the manufacturer. After this period, this right is lost.
8.10. What proof is required when asserting a product warranty claim?
When asserting a product warranty claim, you must prove that the product defect existed at the time of its placing on the market by the manufacturer.
8.11. In what cases is the manufacturer exempt from product warranty obligations?
The manufacturer is exempt from product warranty obligations if it can prove that:
- The product was not manufactured or placed on the market within its business activities, or
- The defect was not recognizable according to the state of scientific and technical knowledge at the time of placing on the market, or
- The product’s defect results from the application of a legal or mandatory regulatory requirement.
The manufacturer needs to prove only one of these reasons for exemption.
Please note that for the same defect, the Consumer may assert both a statutory warranty claim against the business and a product warranty claim against the manufacturer simultaneously. If the product warranty claim is successfully asserted, any further statutory warranty claim for the replaced product or the repaired part of the product can only be asserted against the manufacturer.
8.12. In a contract Turbine, and the business bears the burden of proving that the defect recognized by the Consumer within one year from performance existed at the time of performance, unless this presumption is incompatible with the nature of the item or the defect. Accordingly, the Service Provider is not liable for warranty or guarantee if it can prove that the damage resulted from improper or negligent handling, excessive use, or exposure to conditions other than those specified, or other non-intended use of the product after the risk of loss (responsibility for damage or loss) has passed.
9. PROCEDURE FOR WARRANTY CLAIMS (steps for Consumers to claim warranty rights)
(FOR USERS QUALIFYING AS CONSUMERS)
9.1. In a contract between a consumer and a business, the parties’ agreement may not deviate to the Consumer’s detriment from the provisions of Decree 19/2014 (IV. 29.) NGM (regulates warranty and guarantee procedures for consumer goods).
9.2. The Consumer is obliged to prove the conclusion of the contract (with an invoice or receipt).
9.3. The costs related to fulfilling warranty obligations are borne by the Service Provider (Section 6:166 of the Ptk. governs cost allocation for defective performance).
9.4. The Service Provider is obliged to record the Consumer’s warranty or guarantee claim reported to it.
9.5. A copy of the record must be provided to the Consumer immediately in a verifiable manner.
9.6. If the Service Provider cannot decide on the feasibility of the Consumer’s warranty or guarantee claim at the time of reporting, it must notify the Consumer of its position—stating the reasons for rejection and the possibility of recourse to a conciliation body (an alternative dispute resolution body), if the claim is rejected—within five business days in a verifiable manner.
9.7. The Service Provider must retain the record for three years from the date it was made and present it to the inspecting authority upon request.
9.8. The Service Provider must strive to complete repairs or replacements within fifteen days at the latest. If the repair or replacement exceeds 15 days, the Service Provider must inform the Consumer of the expected duration of the repair or replacement. The information is provided electronically or in another manner suitable for confirming receipt by the Consumer, with the Consumer’s prior consent.
10. MISCELLANEOUS PROVISIONS (additional legal and operational rules)
10.1. The Service Provider is entitled to engage a collaborator (a third party assisting in fulfilling obligations, such as a courier service) to fulfill its obligations. It is fully liable for the collaborator’s unlawful conduct as if it had committed the unlawful conduct itself.
10.2. If any part of this T&C becomes invalid, illegal, or unenforceable, this does not affect the validity, legality, or enforceability of the remaining parts.
10.3. If the Service Provider does not exercise a right granted by this T&C, the failure to exercise it does not constitute a waiver (a voluntary relinquishment of a legal right) of that right. A waiver of any right is valid only with an explicit written statement to that effect. The fact that the Service Provider does not strictly enforce an essential condition or clause of the T&C on one occasion does not mean it waives strict compliance with that condition or clause in the future.
10.4. The Service Provider and the User attempt to resolve their disputes amicably.
10.5. The parties acknowledge that the Service Provider’s webshop operates in Hungary, and its maintenance is carried out there. As the site is accessible from other countries, Users expressly acknowledge that Hungarian law governs the relationship between the User and the Service Provider. If the User is a Consumer, pursuant to Section 26(1) of the Code of Civil Procedure (Pp.) (Hungarian law on court jurisdiction), the court of the defendant’s (Consumer’s) domestic domicile has exclusive jurisdiction in disputes arising from this contract.
10.6. The Service Provider does not apply different general access conditions to the products available in the webshop based on the User’s nationality, place of residence, or establishment.
10.7. The Service Provider does not apply different conditions to payment transactions based on the User’s nationality, place of residence, or establishment, the location of the payment account, the place of establishment of the payment service provider, or the place of issuance of the cash-substitute payment instrument within the EU.
10.8. The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU law prohibiting geo-blocking and discrimination based on nationality or residence).
11. COMPLAINT HANDLING PROCEDURE (process for addressing Consumer complaints)
(FOR USERS QUALIFYING AS CONSUMERS)
11.1. Our store aims to fulfill all orders with appropriate quality, to the full satisfaction of the customer. If the User has any complaints regarding the contract or its performance, they can communicate their complaint via the phone number, email address, or letter provided above.
11.2. The Service Provider immediately investigates verbal complaints and remedies them as necessary. If the customer disagrees with the handling of the complaint or immediate investigation is not possible, the Service Provider records the complaint and its position on it and provides a copy to the customer.
11.3. The Service Provider responds to written complaints in writing within 30 days in a verifiable manner and takes steps to communicate it. It justifies its position if it rejects the complaint. The Service Provider retains the complaint record and a copy of the response for 3 years and presents them to the inspecting authorities upon request.
11.4. We inform you that if your complaint is rejected, you may initiate proceedings with an authority or conciliation body (an alternative dispute resolution body) as follows (the Service Provider has not made a general submission statement (a commitment to accept conciliation body decisions as binding)):
11.5. The Consumer may lodge a complaint with the consumer protection authority (government body overseeing consumer rights):
Under Sections 45/A(1)-(3) of the Consumer Protection Act (Fgytv.) (Hungarian consumer protection law) and Government Decree 387/2016 (XII. 2.) (designates consumer protection authorities), the general consumer protection authority is the government office: https://kormanyhivatalok.hu/kormanyhivatalok
11.6. The Consumer may also turn to a conciliation body (a body for resolving disputes out of court), whose contact details are as follows:
Conciliation Body Name | Conciliation Body Headquarters, Address | Jurisdiction |
---|---|---|
Budapest Conciliation Body | Budapest, 1016 Budapest, Krisztina krt. 99. Phone: (1) 488-2131, Fax: (1) 488-2186, President: Dr. Inzelt Éva Veronika, Website: https://bekeltet.bkik.hu/, Email: bekelteto.testulet@bkik.hu | Budapest |
Baranya County Conciliation Body | Pécs, 7625 Pécs, Majorossy Imre u. 36. Phone: (72) 507-154; (20) 283-3422, Fax: (72) 507-152, President: Dr. Bércesi Ferenc, Website: www.baranyabekeltetes.hu, Email: info@baranyabekeltetes.hu, kerelem@baranyabekeltetes.hu | Baranya County, Somogy County, Tolna County |
Borsod-Abaúj-Zemplén County Conciliation Body | Miskolc, 3525 Miskolc, Szentpáli u. 1. Phone: (46) 501-091 (new cases); 501-871 (ongoing cases), President: Dr. Tulipán Péter, Website: www.bekeltetes.borsodmegye.hu, Email: bekeltetes@bokik.hu | Borsod-Abaúj-Zemplén County, Heves County, Nógrád County |
Csongrád-Csanád County Conciliation Body | Szeged, 6721 Szeged, Párizsi krt. 8-12. Phone: (62) 554-250/118, Fax: (62) 426-149, President: Dr. Horváth Károly, Website: www.bekeltetes-csongrad.hu, Email: bekelteto.testulet@csmkik.hu | Békés County, Bács-Kiskun County, Csongrád-Csanád County |
Fejér County Conciliation Body | Székesfehérvár, 8000 Székesfehérvár, Hosszúséta tér 4-6. Phone: (22) 510-310, Fax: (22) 510-312, President: Dr. Vári Kovács József, Website: www.bekeltetesfejer.hu, Email: bekeltetes@fmkik.hu; fmkik@fmkik.hu | Fejér County, Komárom-Esztergom County, Veszprém County |
Győr-Moson-Sopron County Conciliation Body | Győr, 9021 Győr, Szent István út 10/a. Phone: (96) 520-217, President: Dr. Bagoly Beáta, Website: https://gymsmkik.hu/bekelteto, Email: bekeltetotestulet@gymskik.hu | Győr-Moson-Sopron County, Vas County, Zala County |
Hajdú-Bihar County Conciliation Body | Debrecen, Headquarters: 4025 Debrecen, Petőfi tér 10., Case Handling Location: 4025 Debrecen, Vörösmarty u. 13-15. Phone: (52) 500-710; (52) 500-745, Fax: (52) 500-720, President: Dr. Hajnal Zsolt, Website: https://www.hbmbekeltetes.hu, Email: bekelteto@hbkik.hu | Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County |
Pest County Conciliation Body | Budapest, Headquarters: 1055 Budapest, Balassi Bálint u. 25. IV/2. Phone: +36 1 792 7881, President: Dr. Koncz Pál, Website: www.pestmegyeibekelteto.hu, www.panaszrendezes.hu, Email: pmbekelteto@pmkik.hu | Pest County |
11.7. The conciliation body (an out-of-court dispute resolution entity) is responsible for resolving consumer disputes outside court proceedings. Its task is to attempt to reach a settlement between the parties to resolve the consumer dispute and, if unsuccessful, to make a decision to ensure the simple, fast, effective, and cost-efficient enforcement of consumer rights. At the request of the Consumer or the Service Provider, the conciliation body provides advice on the Consumer’s rights and obligations.
In conciliation proceedings, in the absence of a settlement, the board:
a) Issues a binding decision (a legally enforceable ruling) if:
aa) The request is well-founded, and the business—either in its general submission statement (a commitment to accept the conciliation body’s decision as binding) registered with the conciliation body or chamber, in its commercial communications, at the start of the procedure, or at the latest by the time the decision is made—acknowledges the conciliation body’s decision as binding, or
ab) The business has not made a submission statement, but the request is well-founded, and the Consumer’s claim does not exceed 200,000 HUF at the time of the request or the binding decision; or
b) Makes a recommendation (a non-binding suggestion) if the request is well-founded, but the business stated at the start of the procedure that it does not acknowledge the board’s decision as binding or did not make any statement about acknowledging the decision.
11.8. For cross-border consumer disputes related to online sales or service contracts, the conciliation body operated by the chamber designated by the minister responsible for consumer protection (the Hungarian government official overseeing consumer rights) is competent.
11.9. The business is obliged to cooperate in conciliation proceedings, including sending a response with the content specified in the Consumer Protection Act (Fgytv.) (Hungarian consumer protection law) within the deadline mentioned therein to the conciliation body. Except for the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council (EU regulation on online dispute resolution), the business must ensure the participation of a person authorized to conclude a settlement at the hearing. At an online hearing, the business’s representative authorized to conclude a settlement must participate online. If the Consumer requests an in-person hearing, the business’s representative authorized to conclude a settlement must participate at least online.
11.10. If the Consumer does not turn to a conciliation body or the procedure does not lead to a resolution, the Consumer may initiate court proceedings to resolve the dispute. The lawsuit must be initiated with a statement of claim (a formal legal document to start a lawsuit), which must include:
- The court handling the case;
- The names, residences, and procedural positions of the parties and their representatives;
- The right to be enforced, with a presentation of the facts serving as its basis and their evidence;
- The data from which the court’s jurisdiction and competence can be established;
- A definitive request for the court’s decision.
The statement of claim must be accompanied by the document or a copy thereof whose content is relied upon as evidence.
12. COPYRIGHTS (rules protecting the website’s content)
12.1. As the website https://davroe.hu/hu/ qualifies as a copyrighted work (a creation protected by intellectual property law), downloading (reproducing), retransmitting to the public, using in any other way, electronically storing, processing, or selling the content or any part thereof displayed on the https://davroe.hu/hu/ website is prohibited without the written consent of the Service Provider—except for legal documents, as the User may download the T&C and the data protection notice without any conditions or restrictions and store them in any form.
12.2. Any material from the https://davroe.hu/hu/ website and its database may be used, even with written consent, only with a reference to the respective website.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, secondary domain names derived from them, and its online advertising spaces.
12.4. It is prohibited to adapt or reverse-engineer (deconstruct to understand or replicate) the content or parts of the https://davroe.hu/hu/ website; to unfairly establish user identifiers and passwords; or to use any application that modifies or indexes the https://davroe.hu/hu/ website or any part thereof.
12.5. The name https://davroe.hu/hu/ is protected by copyright, and its use, except for referencing, is possible only with the written consent of the Service Provider.
12.6. The User acknowledges that unauthorized use entitles the Service Provider to a penalty (a financial fine for copyright infringement). The penalty is 60,000 HUF gross per image and 20,000 HUF gross per word. In case of copyright infringement, the Service Provider uses notarial certification (a legal process to document infringement), the cost of which is also borne by the infringing User.
13. DATA PROTECTION (rules for handling personal data)
The website’s data protection notice (a document explaining how user data is collected, stored, and used) is available at the following page: https://davroe.hu/hu//adatvedelem
Budapest, April 9, 2025