Felhasználási és szerződési feltételek

 

1. Basic and introductory provisions

1.1. Introduction

The General Terms and Conditions (hereinafter “GTC”) regulate the relationship established between the parties for the purpose of purchasing through electronic means. This relationship consists of a consumer (hereinafter referred to as "client") and a retailer (“service provider”) (in this case located on the website https://amata-power.com/), who enter into a contract or consumer agreement. The client and the service provider are jointly referred to as ‘the parties’.

The GTC include, amongst other things, the registration and product-ordering rules on the service provider's website including the service provider's liability with regard to processing orders, the client’s warranties and cancellation rights, the methods of dispute resolutions and copyright provisions.

 

1.2. Legal background

The following Hungarian legal provisions apply in particular to issues that may not be covered explicitly in the GTC.

  • Act V of the 2013 guidance on the Civil Code (hereinafter referred to as the civil code)
  • Act CVIII of the 2001 guidance on certain issues of electronic commerce services and information society services (hereinafter referred to as the Elker statute.)
  • Government decree 45/2014. on the detailed rules of contracts between a client and a service provider (II. 26.)
  • Government decree 151/2003 on the compulsory warranty for certain consumables (IX. 22.)

    The mandatory provisions of the applicable laws shall apply to the parties without any special provisions, and the interpretation of the GTC shall be governed solely by the Hungarian law.

     

    1.3. Purview, availability and modification of the GTC

    The GTC will be effective from 1st of June 2020 and will remain in effect unless revoked.

    The GTC is available on the service provider's website at the https://amata-power.com/policies/terms-of-service link.

    The service provider reserves the right to unilaterally modify the GTC. The service provider agrees to publish any modifications or amendments on the website on the day to their entry into force.

    In the event of an amendment or modification, the new provisions will apply to orders placed after the effective date.

     

    1.4. Additional provisions with regard to the GTC.

    The applicable language of the GTC is Hungarian. A contract concluded through the GTC does not qualify as a written contract, thus it is not accessible or viewable subsequently. From a legal point of view, orders placed on the web-shop are considered to be a legal statement made electronically.

    Should any clause of these GTC be invalid or unenforceable, it will not extend to the validity or enforceability of any further clauses of the GTC.

    The service provider is entitled to use associate parties to fulfill its obligations contained in the GTC. The service provider is fully liable for any unlawful conduct committed by the associated parties and this responsibility lies with the service provider alone.

     

    1.5. Basic concepts

    1. Consumer: a natural person acting outside the scope of his or her profession, self-employment or business which is therefore the client in this case.
    2. Enterprise: Any person acting in the course of his or her trade, profession or business and concluding an official contract. If the said person provides the company name and/or tax number within the order, then the person shall not be subject to any special rules expressly provided for in these GTC.
    3. Purchasing contracts: As described in the GTC - registration, product selection, delivery time estimations and payment processes are carried out in the Hungarian language and are completed electronically.

     

    1.6. Service provider details

    Name of the service provider: AmataSport Kft.

    Head office of the service provider: 8000 Székesfehérvár, Surányi u. 47

    Contact details of the service provider which is regularly used for contact for enquirers:

    • Email address: hello@amata-power.com
    • Phone number: +36 30 522 7735
    • Address: 8000 Székesfehérvár, Surányi utca 47
    • Company registration number: 07-09-023859
    • Tax number: HU24360652
    • Name of the registration location: Company Registry Court of Székesfehérvár Regional Court
    • Name of the hosting service provider: Dark Networks Kft.
    • Address: 8000 Székesfehérvár, Sütő utca 40. 3/15
    • Email address: g@darknetworks.hu

       

      2. GTC statements and declarations with regard to clients

      By placing the order, the client expressly acknowledges and confirms that he or she has read, understood and accepted the contents of the GTC and the provisions included.

      During the process of placing the order, the client will be prompted to accept the statement “I have read and understood the General Terms and Conditions (GTC)”. If the client does not accept the above statement then any purchase cannot be completed.

      The client expressly acknowledges that he or she has read and acknowledged the disclaimer in Section 6 with regard to the right of withdrawal.

      The client is responsible and liable for the accuracy and validity of the information provided at the purchase process.

       

      3. Key provisions with regard to purchased products

      Within the web-shop, the service provider shall display an image of the products on offer as well as names and descriptions. In addition, the presentation of the product (in weight or in pieces) and the unit price (in pieces, kilograms or litres) of the product shall be indicated.

      In many cases, images of the service provider shall be "illustrations" only and the service provider reserves the right to change the actual appearance of the products, including packaging, labelling and other aspects. The client agrees that the service provider shall not be liable for any non-up-to-date product images and any resulting damages.

      The advertised products can only be ordered online.

      No extra packaging costs will be charged.

      Products originating from the service provider shall not be placed on the market for resale.

      The service provider provides products in noncommercial quantity only.

       

      4. Provisions relating to contracts and purchasing

      4.1. Registration

      Ordering and purchasing through the web-shop is not subject to registration.

      In order to register, the client shall provide the following details:

      • Full name (title, first name, surname)
      • Email address
      • A password consisting of 6 digits, letters and numbers which is entered twice.
      To complete the registration, the service provider shall send a link to the email address provided by the client, which the client must click on, thereby validating the registration.

        The registration may be cancelled at any time, in which case the service provider shall delete the client’s data. In such cases, pending orders (unpaid items) will also be cancelled. However, in accordance with the provisions of the accounting and tax laws, the service provider will retain the account data for the legal prescribed term.

        The service provider disclaims any liability if a person/client uses the service on behalf of somebody else who is not them. The service provider shall not be liable for delivery delays or other problems or errors due to incorrect and / or inaccurate data provided by the client.

        If the client forgets his or her password or loses access to their account for any reason not attributable to the service provider, the service provider shall not be liable. In addition, the service provider shall provide a password reset function after registration to mitigate any such circumstances.

        Depending on the rules and systems of the client’s email provider, the confirmation email may arrive in the ‘spam’ folder rather than the inbox. If the client does not receive a confirmation email, they should make sure to check the ‘spam’ folder before seeking assistance.

         

        4.2. Ordering process

        After registration, the client should log in to the web-shop.

        The client can begin the purchasing process and complete the order without a registered account.

        The client is able to place desired items to be purchased in the shopping cart. The list of items in the shopping cart can be viewed at any time by clicking on the ‘cart’ icon.

        The client can choose the number of products in the shopping cart. Before the final completion of the order, the client is able to check and select a range of shipping and payment options (for example, checking the status of items in the shopping cart).

        At this point, the client is able to select and add additional products to the shopping cart by pressing the "continue shopping" button.

        The contents of the shopping cart will be updated after selecting another product.

        If the client does not intend to purchase any additional products, he/she can select the "cart" button to check the contents of the shopping cart.

        The client can delete the contents of the shopping cart by clicking on the "remove" icon. Items will stay in the shopping basket for 24 hour before being removed automatically.

        The client enters his/her personal details including the desired delivery address and clicks on „continue to shipping” button.

        After entering his/her details, the client can select from the various shipping methods and is able to send the order to the service provider by clicking on the “order” button. Before any order is placed, the client should double-check the personal information provided, send a comment with the order if needed, or email the service provider if he/she has any queries. Any further order-related requests may also be sent via email order@amata-power.com. Before completing the payment process, the client shall always be able to correct and modify their details if need be.

        Regardless of the selected delivery date, the client will always pay the advertised price at the time of order. If there is any subsequent change in pricing after the order has been made, such as the ending of a promotion, the price shall be unaffected unless the order is further modified by the client.

         

        4.3. Conclusion of the purchasing contract

        The service provider shall send a confirmation email to the client’s provided email address confirming the completed order between the client and the service provider. If this confirmation email is not received by the client within a reasonable time-frame, depending on the nature of the service, but no later than 48 hours from the date of making the client's order, the client shall be exempt from the  binding order or contract.

        The order and the confirmation email shall be deemed (by the service provider) to have been received by the client when it becomes available to them.

        The service provider holds no liability for the receipt of the email confirmation if it is not received on time because the client has entered an incorrect email address during registration or due to insufficient storage space in his/her email account. Due to various email interface settings and email provider policies, the client’s confirmation email may not be located in the inbox, but rather in the ‘spam’ folder. If the client does not receive the expected confirmation email, the client should first check their ‘spam’ folder before querying the issue.

        Until the order is fully paid and the amount is credited to the service provider, the product remains the property of the service provider. The risk of monetary loss during this bank transfer process shall be held by the service provider rather than the client.

        Based on the above, a purchasing contract is deemed to be concluded when the client (with the choice of delivery and payment methods) has placed his/her order and the order has been accepted by the service provider. The service provider shall not be liable for any errors or mistakes with the client’s details.

        As per the contract of sale, the service provider shall deliver or supply the product to the client and the client shall  therefore take ownership of the product. The service provider’s general deadline for order fulfillment is 30 days from the date of receipt of the confirmation email. If the service provider and the client have not agreed on the date of order fulfillment, the service provider shall fulfill the contractual obligations no later than 30 days after the confirmation email. Therefore, the service provider shall make the ordered product available to the client within 30 days of the confirmation email being received.

        In the event of fulfillment of the order being late, the client shall be entitled to set an additional deadline. If the service provider again fails to fulfill the order before the next deadline, the client is entitled to cancel the contract.

        The client shall have the right to terminate the contract without an additional deadline if:

        1. a) The service provider has refused to perform the contract; or
        2. b) The service provider has not fulfilled the service to the agreed expectation, nor within the agreed timeframe with regard to the service provided.

        If the service provider fails to fulfill its contractual obligations because the product specified in the order contract is unavailable, it shall immediately inform the client thereof and shall refund the amount paid by the client without delay.

        The client accepts that he/she shall pay the product price as listed by the service provider.

        The service provider shall retain ownership of the product until payment of the full purchase price. The client will acquire ownership of the product only after payment of the full purchase price.

        The service provider shall accept orders placed on the web-shop 24 hours a day, 7 days a week. In the event of a malfunction of the information systems or a force majeure, the service provider shall not be liable for any hours during which it was unavailable.

        The service provider reserves the right to consider any purchasing contract void if, but not limited to, personal details and credit card details have been misused or if local laws and regulations have been broken in the process. In the event of such an occurrence, the service provider shall notify the client.

        The service provider may cancel the purchase agreement if the client breaches the terms and conditions of any offered discount or other coupon. This applies in particular to the cases listed below:

        • The discount coupon was used for a product other than that for which it was issued;
        • The discount coupon was used in concurrence with other discounts, regardless of whether the pairing of discounts was explicitly prohibited or not;
        • The purchase did not reach the required minimum price needed to utilise the discount coupon;
        • If the service provider becomes aware that the discount coupon has already been used.

        In the event of a mistake or defect in the products or prices in the web-shop, the service provider reserves the right to make corrections. In such a case, the client will be notified immediately of any new details after the defect has been detected or modified. The client may then confirm the order again or take the option to cancel the contract.

         

        4.4. Shipping and delivery information

        The products may be ordered and delivered within the territory of Hungary or may be ordered and delivered outside the territory of Hungary.

        In the case of orders placed on the web-shop by 12.00 noon on a business day, the service provider shall deliver the product to the courier service on the same day. An exception to this may be during discount/promotional days where delivery times may vary.

        Orders placed on the web-shop after 12.00 noon on business days will be handed over to the courier service on the next business day. Parcels can only be delivered by the courier service to the client during working days, with an average of 2 working days needed for orders to be delivered by a courier service within Hungary.

        Methods of delivery include:

        • Delivery to a home address specified by the client.

        The client will receive accurate information about the exact delivery fee when placing the order but before payment.

        In the case of delivery within Hungary the GLS General Logistics Systems Hungary ltd. will send the client notifications about the exact shipping and delivery times.

        In the case of delivery outside the territory of Hungary the DHL Express ltd. or the GLS General Logistics Systems Hungary ltd. will send the client notifications about the exact shipping and delivery times.

        For deliveries destined for Hungary, GLS shall deliver items between 8am and 5pm on business days. In the case of a failed delivery, GLS will delivery the package at a later date at no additional cost.

        DHL or GLS will deliver the package for shipping outside Hungary. The date and time of delivery of the package will depend on the nature of the services requested, and will be individually determined based on the client’s specific requests.

        The client is obliged to indicate an address where a person who can receive the parcel will be present on the day of delivery.

        Under no circumstances is it possible to collect the product in person at the shop.

        The service provider declares that GLS General Logistics Systems Hungary Ltd. and DHL Express Magyarország Ltd. both have a valid courier contract with the service provider.

         

        4.5 Prices

        Consumer prices displayed for the products are always in EUR (Euro). The prices are gross prices and they include statutory VAT.

        If a promotional price is introduced, the service provider will fully inform the client of the promotion and its exact duration. Stock levels may also dictate the length of any promotion. If existing stock is exhausted, the promotion may cease.

        The prices quoted on the web-shop do not include the delivery charge. Shipping costs may vary depending on the shipping method you choose, the carrier and the payment method.

        If, despite all due diligence and care, a defective price is indicated, the service provider shall not be obliged to sell the product at the defective price.

        In such a case, the service provider shall offer the product to the client at the fair and actual price. The client shall have the option to withdraw from purchasing said product.

        This can occur in, but not limited to, the following situations:

        • a manifestly unrealistic price which deviates significantly from the well-known, generally accepted price of the product/service concerned;
        • a 0 € or a 1 € price due to a system failure;
        • or other significant price disparities.
        As far as the law provides, the service provider is excluded from any liability due to data entry errors or erroneous resulting prices.

           

          4.6. Payment methods  

          • Instant Payments: Pay by credit card online through the SimplePay payment platform. In the case of online payment via bankcard, the client must enter the details of his/her card (name, card number, expiration date, CVV/CVC number) on the payment platform of the OTP Mobil Kft. Upon successful identification, the payment transaction will continue, and the client will be notified of the success of the transaction by OTP Mobil Kft and the client will be redirected back to the web-shop.
          • Payment via Paypal is possible by clicking on the Paypal icon on the payment interface. Upon successful identification, the payment transaction will continue, and the client will be notified of the success of the transaction by PayPal (Europe) S.à.r.l. and will be redirected back to the web-shop.
          • Instant payment with cryptocurrency through Coinbase UK ltd. At the of the purchase the client will be redirected to the payment platform of the contracted partner to complete the order. According to the system’s working principle the payment goes through in minutes. In the case of item return the purchase price will be refunded in Hungarian Forint or Euro in the amount stated on the invoice. Refund in cryptocurrency is not possible.

          The payment method you choose and the details thereof will not be stored by the service provider and will be managed by the service provider’s payment privacy policy as well as the financial service provider's privacy policy. The service provider shall not block any amount of money and also any unblocking procedure shall be made only by the financial service provider of the client’s card.

          The service provider does not charge any extra fee for payment, i.e. it is free. However, the payment company used by the client may charge a fee for the payment in accordance with its terms and conditions.

          The service provider may cancel the client's purchase order without notifying the client beforehand without penalty in the following cases:

          1. a) If the client has selected an online payment method and the transaction is not authorised by the card issuing financial institution;
          2. b) If the client has selected an online payment method and the online payment partner cannot validate the transaction;
          3. c) If the details provided by the client is false, incomplete or does not allow the fulfillment of the purchase order.

           

          4.7. Invoicing

          After payment, the client will receive a validated electronic invoice to the email address provided during registration. The invoice shall contain details of the agreement between the parties.

          The invoice will only include items received by the client and the total sum of money paid after placing the order.

          A copy of the electronic invoice will remain accessible to the client on the user profile page via the ‘previous orders’ menu.

          The electronic invoice issued by the service provider is an accounting document issued electronically for tax administration identification and is regulated by relevant accounting and VAT laws.

          The monetary amount received by the service provider is recorded in the service provider's records.

          After completing and placing an order, the client may not modify billing information.

          Depending on the rules and systems of the client’s email provider, the invoice email may arrive in the ‘spam’ folder rather than the inbox. If the client does not receive a confirmation email, they should make sure to check the ‘spam’ folder before seeking further assistance.

           

          4.8. Fulfillment of contract and receipt of delivery

          The service provider shall perform according to the contract if it delivers the product via the chosen shipping method which then allows the client to view and inspect products at the time of delivery.

          The service provider shall prepare and pack the product according to the applicable rules. Once packaged, the product will be adequately protected and preserved. The courier service will deliver the product to the client without damage.

          At the point of delivery, the client, together with the shipping company representative should carefully and properly inspect the delivery (namely the number of packages and the integrity of the tape wrapping) and the accompanying delivery note. The client may refuse to accept a non-contractually delivered parcel, especially if the delivery is incomplete or damaged. If the client accepts the defective delivery, the client shall inform the shipping company and include a description of the defect. 

          The total amount to be paid includes all costs, based on the order summary and the confirmation letter.

          In the case of promotions, the service provider may deviate from the usual shipping costs in a way which increases shipping costs.

          As the service provider works with several shipping companies, if unforeseen issues arise then the client may not receive the goods from the courier company of his/her choice, but from another. This will not entail additional costs for the customer.

           

          4.9. Confirmation of orders and the conclusion of purchase contracts for products which are NOT in stock

          In such cases, the service provider shall inform the client in a separate e-mail that the product(s) he/she has ordered and wants to purchase are currently unavailable. In this case, the purchasing contract between the parties has not yet been concluded.

          As soon as the service provider has received the desired product(s), it shall notify the client via e-mail of the details of the order and the expected fulfillment time. This email shall be deemed to be the acceptance of the order and the contract which has therefore been entered into.

           

          4.10. Special rules concerning pre-ordered products

          ‘Pre-ordering’ in this regard means the pre-ordering of a product that will be available in the future or does not exist at the time of ordering.

          The advantage of pre-ordering is that the client will receive the product as soon as the product is available without added delay.

          The service provider draws attention to the fact that the price of the given product and the date of its availability may change until such time that the product is ready to be dispatched.

          As soon as the service provider has received the desired product(s), it shall notify the client via e-mail of the details of the order and the expected fulfillment time. This email shall be deemed to be an acceptance of the order and the contract which has therefore been entered into.

           

          5. Risk of loss

          The risk of loss shall be carried by the client once the product(s) are received by the client or by a third party designated by the client; the same applies if the client refuses to take over the product(s) despite the fact that the service provider has provided opportunity for viewing and verification and all is acceptable.

          Due to this threat of loss, the client shall promptly inspect the product, its characteristics and quality.

          The client may complain about a defective product when the risk of loss passes to the client (i.e. at the time of delivery). A product is considered defective if it does not meet the contractual expectations.

          A product shall also be considered defective if another product, which was not ordered, has been delivered to the client mistakenly.

          In such cases, the client must report the defect to the service provider. The client may later exercise his/her right of complaint if the cause of the complaint becomes known at a later date and the service provider is at fault.

          If any damage occurs after the transfer of the risk of loss to the client, the client shall be expected to pay the purchase price of the product, unless the damage is the result of a breach of contract by the service provider.

          If the client is not available to successfully receive  a product (according to the GTC), the service provider shall be entitled to sell the product to a third party at the expense of the client, after prior notice and after the unsuccessful acceptance of an additional deadline. These provisions shall also apply in the event of late payment if the product has not yet been received and paid for.

          The service provider shall not be liable for any damage to products after delivery to the courier service. Any issues arising from delivery shall then be the responsibility of the courier service.

           

          6. Right of return and withdrawal from a contract

          The client is able to return received products within 14 days of delivery without any specified reason.

          Calculation of return period (14 days begins at):

          1. a) Delivery of the product
          2. b) At the time of delivery of the final ordered product, if it is part of multi-product order
          3. c) At the time of delivery (either to the client or an authorised person) of the final ordered part of a product, if said product consists of a number of different of parts.

          The right to return for dietary and nutritional supplements may only be exercised prior to opening, subject to the condition that it is a sealed product which cannot be returned after opening for health or hygiene reasons.

          In addition, the right to return shall not be exercised in respect to a perishable product or a product which is expected to have a short usage life. The client does not have the right to return products in case of water sports bottles.

          The right to return can be exercised by the client by the following options below:

          1. The client may send an explicit written notice of return to one of the following addresses:
          • Email address: order@amata-power.com
          • Address: 8000 Székesfehérvár, Surányi utca 47

          The service provider strongly recommends that the client includes his/her name, address, date of ordering or date of receipt, signature and date and place of delivery of the product whilst writing to confirm the returning of products. In the case of postal mail, the service provider recommends sending it via registered mail in order to confirm the date of posting. When notifying by post, the date of posting will be counted against the 14-day deadline.

          1. The client may terminate a contract with the service provider by completing an online form or by filling in a declaration using the template (attachment 1) and sending it via email at order@amata-power.com or via post at 8000 Székesfehérvár, Surányi utca 47.

          As soon as the client has sent the form available on the service provider's website, the service provider shall confirm it in writing without delay.

          The client shall bear the burden of proving that he/she has exercised his/her right of return and contract withdrawal in accordance with the provisions set out in this section and the applicable legal provisions.

          In the case of written withdrawal, it shall be deemed to have been validated by the deadline if the client sends the relevant statement to the service provider during the cancellation period (including the 14th calendar day).

          The client shall be required to return the product(s) in their entirety (that is, with the accessories and all documentation with which it was shipped), intact, clean, in their original packaging (if possible), and in the condition and value they received it.

          In the event that the client has returned the product(s) in an incomplete, damaged or visibly used condition, the service provider may claim damages from the client.

          The client may continue to exercise his/her right of withdrawal for the period between the date of conclusion of the contract and the date of receipt of the product(s).

          The cost of returning the product(s) shall be borne by the client. The service provider shall not bear the cost, nor shall the service provider undertake to arrange the return or any associated costs. The product(s) cannot be returned via the postal service and it will not be possible for the service provider to accept a parcel returned which would need to paid for upon delivery.

          If the client, having paid for an order, withdraws from the contract with a statement to that effect, the service provider shall reimburse any relevant amount already paid by the client without delay, but no later than 14 days after receiving the notice of withdrawal from the customer.

          The service provider may withhold the refund of the purchase price until such time as the ordered product has been returned. The client shall immediately (but at the latest within 14 days after the notification) take action to return the product to the service provider upon notification of the withdrawal.

          The product must be returned by the client to the following address: 8000 Székesfehérvár, Babér utca 1.

          The service provider shall not reimburse the cost of shipping and any additional costs incurred by the client in choosing a mode of shipping other than the cheapest standard mode of shipping offered by the service provider.

          Money refunded will be through the same payment method used in the original transaction, unless the client explicitly consents to another payment method. The refund method will not impose any additional cost on the client. In the case of credit card payments, the amount will be transferred back to the bank account specified at the time of payment. There is no option involving cash-back.

          No right of refund or contract withdrawal shall exist in relation to a non-prefabricated product manufactured by the service provider at the expressed request of the client. The client shall be held responsible for the condition of product(s) and any subsequent decline due to use which goes beyond the expected design-limits or according to the product specifications.

          In the absence of the above, the client is entitled to exercise his/her right of withdrawal from a contract for 1 year. If the service provider produces the relevant policy information after the expiry of 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the withdrawal period is 14 days from the communication of this information.

          As per the previous, if the client fails to send his/her cancellation notice within the specified time, it is considered that the client has not fulfilled the conditions for exercising the right of cancellation, and therefore his/her contract will remain in force.

           

          7.Warranties and liabilities (r.e. the service provider)

          In the event of a mistake or other related non-fulfillment issues by the service provider, the client may enforce a warranty claim against the service provider.

          The client shall possess the following options regarding warranty claims:

          1. a) The client may request repair or replacement unless it is not possible, or if it would incur a disproportionate additional cost to the service provider.
          2. b) If no repair or replacement is requested by the client, or the client has not been able to request for the above, the client may request reimbursement from the service provider for any proportionate inconvenience caused.
          3. c) The client may remedy the defect him/herself or have it repaired or, in the final case, cancel the contract.

          The client may switch from one of the above warranty rights, but the cost of the transition will be borne by the client unless warranted or provided by service provider.

          The client shall notify the service provider about the defect immediately after discovery, but no later than two months after discovery. The client may enforce his/her warranty claims within a 2-year limitation period from the date of receipt. After the two-year limitation period, the client’s warranty claims shall no longer be valid.

          Within the first six months of the date of delivery, there is no other condition for enforcing a warranty claim other than the fact that the client certifies that the product(s) have been provided by the service provider. In such a case, it shall be presumed, until the contrary is proved, that within six months of the date of delivery, the defect discovered by the client was present at the time of delivery. However, after six months from the date of delivery, the client shall be required to prove that the defect discovered was present at the time of delivery.

          The client may declare his/her intent to enforce a warranty claim via e-mail at order@amata-power.com or via post at 8000 Székesfehérvár, Surányi utca 47. In each case, the service provider shall make a record of the notification, which shall be made known to the client in a verifiable manner.

           

          8. Product warranties (r.e. relevant manufacturers/distributors)

          In the event of a defect in a product, the client may, at his/her discretion, claim a warranty claim via the service provider or through the relevant manufacturer/distributor. However, a client shall not be entitled to enforce both types of warranties at the same time or for the same product defect.

          A product is defective if it does not meet the quality requirements applicable at the time of placing it on the market or if it does not have the characteristics guaranteed by the manufacturer /distributor.

          In the event of a product warranty claim, the client may only request the repair or replacement of the defective products. The defect of the product should be proved by the client in this case.

          The client shall notify the manufacturer/distributor of the defective product immediately upon discovery of the defect. Any defect communicated within two months of the discovery of the defect shall be deemed to be communicated without delay. The consumer is liable for any damage resulting from a delay in communication.

          The client can assert his/her product warranty claim within two years of the product being placed on the market by the manufacturer or distributor. After the expiry of this time limit, the client shall lose the right to claim a warranty.

          The client can only claim his/her product warranty against the manufacturer or distributor of the product.

          The manufacturer/distributor shall only be exempt from product liability if it can prove that:

          1. a) the product in question was not produced, sold or distributed by them; OR
          2. b) at the time the product was placed on the market, the defect was proved not be present according to technical knowledge or certainty; OR
          3. c) the defect in question was caused by the application of a law or a mandatory official regulation.

          The manufacturer/distributor must justify only one reason for exemption (as above).

          The client may declare his/her warranty claims via e-mail at order@amata-power.com or via post at 8000 Székesfehérvár, Surányi utca 47.

          In each case the service provider shall send a confirmation of the receipt of the notification.

           

          9.Guarantee

          No statutory warranty is required for the products offered by the service provider for sale on this website. If the service provider provides a separate warranty from the manufacturer/distributor, it shall clearly state this on each product.

           

          10. Complaint handling procedure

          Any complaints made by the client concerning the service provider’s conduct, behavior or omissions directly related to the sales of products may be made by contacting the service provider via:

          • Email: order@amata-power.com
          • Post: 8000 Székesfehérvár, Surányi utca 47.

          The service provider shall investigate the complaint within 30 days of receipt and then respond to the allegations. The 30-day service provider response deadline applies to the point in time in which the service provider sends its response rather than its delivery.

          The service provider shall promptly investigate any verbal or telephone complaint and remedy it as necessary. If the client does not agree with the handling of the complaint or the complaint is not immediately investigated, the service provider shall promptly record the complaint and its position regarding it, and shall send a copy of the report to the client at the same time as the substantive reply.

          In the event of a possible rejection of the complaint, the service provider shall inform the client of the reason for the rejection.

          The service provider shall keep the documents related to the complaint for the period of time complying with the relevant data protection regulations.

           

          11. Additional consumer options for redress

          In the event that any dispute between the service provider and the client is not resolved during negotiations between the two parties, the following remedies shall be open to the client:

           

          11.1. A complaint to the relevant consumer protection authority

          The client is entitled to complain to the relevant consumer protection authority in his/her place of residence. The competent authority shall have the right to deal with the complaint and, if necessary, shall pursue any consumer protection proceedings.

           

          11.2. A conciliation board procedure

          The conciliation board is an alternative dispute resolution forum for consumer disputes.

          Listed below are the relevant conciliation boards which are available according to the client's place of residence in Hungary:

          • Bács-Kiskun County Conciliation Board - Address: 6000 Kecskemét, Árpád krt. 4., Telephone number: (76) 501-525, (76) 501-500, Fax number: (76) 501-538, Email address: bkmkik@mail.datanet.hu;
          • Baranya County Conciliation Board - Address: 7625 Pécs, Majorossy Imre u. 36. Postal address: 7602 Pécs, Pf. 109. Telephone number: (72) 507-154 Fax number: (72) 507-152, Email address: bekelteto@pbkik.hu
          • Békés County Conciliation Board - Address: 5601 Békéscsaba, Penza ltp. 5., Telephone number: (66) 324-976, 446-354, 451-775, Fax number: (66) 324-976, Email address: bmkik@bmkik.hu;
          • Borsod-Abaúj-Zemplén County Conciliation Board - Address: 3525 Miskolc, Szentpáli u. 1., Telephone number: (46) 501-091, 501-870, Fax number: (46) 501-099, Email address: bekeltetes@bokik.hu;
          • Budapest Conciliation Board - Address: 1016 Budapest, Krisztina krt. 99. Telephone number: (1) 488-2131, Fax number: (1) 488-2186, Email address: bekelteto.testulet@bkik.hu;
          • Csongrád County Conciliation Board - Address: 6721 Szeged, Párizsi krt. 8-12., Telephone number: (62) 554-250 with extension number 118, Fax number: (62) 426-149, Email address: bekelteto.testulet@csmkik.hu;
          • Fejér County Conciliation Board - Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Telephone number: (22) 510-310 Fax number: (22) 510-312, Email address: fmkik@fmkik.hu;
          • Győr-Moson-Sopron County Conciliation Board - Address: 9021 Győr, Szent István út 10/a., Telephone number: (96) 520-202; 520-217, Fax number: (96) 520-218, Email address: bekeltetotestulet@gymskik.hu;
          • Hajdú-Bihar County Conciliation Board -Address: 4025 Debrecen, Petőfi tér 10., Telephone number: (52) 500-749, Fax number: (52) 500-720, Email address: info@hbkik.hu;
          • Heves County Conciliation Board - Address: 3300 Eger, Faiskola út 15, Postal Address: 3301 Eger, Pf. 440., Telephone number: (36) 416-660 with extension number 105, Fax number: (36) 323-615, Email address: bekelteto@hbkik.hu;
          • Jász-Nagykun-Szolnok County Conciliation Board - Address: 5000 Szolnok, Verseghy park 8., Telephone number: (56) 510-610, Fax number: (56) 370-005, Email address: kamara@jnszmkik.hu;
          • Komárom-Esztergom County Conciliation Board - Address: 2800 Tatabánya, Fő tér 36., Telephone number: (34) 513-010, Fax number: (34) 316-259, Email address: kemkik@kemkik.hu;
          • Nógrád County Conciliation Board - Address: 3100 Salgótarján, Alkotmány út 9/a Telephone number: (32) 520-860 Fax number: (32) 520-862, Email address: nkik@nkik.hu;
          • Pest County Conciliation Board - Address: 1055 Budapest Kossuth tér 6-8., Telephone number: (1)-474-7921, Fax number: (1)-474-7921, Email address: pmbekelteto@pmkik.hu;
          • Somogy County Conciliation Board - Address: 7400 Kaposvár, Anna utca 6. Telephone number: (82) 501-000, Fax number: (82) 501-046, Email address: skik@skik.hu;
          • Szabolcs-Szatmár-Bereg County Conciliation Board - Address: 4400 Nyíregyháza, Széchenyi u. 2., Telephone number: (42) 311-544, (42) 420-180, Fax number: (42) 311-750, Email address: bekelteto@szabkam.hu;
          • Tolna County Conciliation Board - Address: 7100 Szekszárd, Arany J. u. 23-25. Telephone number: (74) 411-661 Fax number: (74) 411-456, Email address: kamara@tmkik.hu;
          • Vas County Conciliation Board - Address:: 9700 Szombathely, Honvéd tér 2. Telephone number: (94) 312-356, Fax number: (94) 316-936, Email address: pergel.bea@vmkik.hu;
          • Veszprém County Conciliation Board - Address: 8200 Veszprém, Budapest u. 3. Telephone number: (88) 429-008 Fax number: (88) 412-150, Email address: vkik@veszpremikamara.hu;
          • Zala County Conciliation Board - Address: 8900 Zalaegerszeg, Petőfi utca 24. Telephone number: (92) 550-514, Fax number: (92) 550-525, Email address: zmkik@zmkik.hu;

           

          Contact details of the responsible conciliation board in relation to the location of the service provider’s head office:

          • Fejér County Conciliation Board - Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Telephone number: (22) 510-310 Fax number: (22) 510-312, Email address: fmkik@fmkik.hu;

           

          11.3. Legal proceedings

          The client is entitled to court action to enforce a consumer claim in a civil proceeding under Act V of 2013 guidance on the Civil Code and Act CXXX of 2016 guidance on the Code of Civil Procedure Act.

           

          11.4. Online dispute resolution

          The client may also resolve his/her dispute with the service provider through the online dispute resolution platform operated by the European Commission at the following link:

          • https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

          In this case, Regulation (EU) No. 524/2013 on the online settlement of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC shall apply. The above provisions and a dispute resolution forum are possible in cross-border consumer disputes.

          Cross-border consumer dispute: a dispute arising out of a sales or service contract where the consumer concerned is domiciled or resident in Hungary and the company concerned has its seat, place of establishment or establishment in a different Member State of the European Union or the consumer concerned is based in another European Union Member State and the company has its headquarters in Hungary.

           

          12. Copyright

          Elements of this website are protected by copyright and other laws. This means that all elements of the website cannot be copied in whole or in part. The original content of the website (including, but not limited to, the structure and design) and any component of the site (text, image, graphics, illustration, sound, video, animation and headings etc.) are protected by copyright and may be used only with prior written permission.

          The client does not need permission to link to this website. In the case of a citation, the link to the website must clearly identify the source, which must be a link to this website. The reference must be included in any subsequent references. Furthermore, the quotation may be made only to the extent justified by the nature and purpose of the work, such that the user in question may not modify the original information.

          The amata-power.com domain name is protected by copyright and may not be used except with the prior written consent of the service provider.

          It is permitted to save or print the content of the website or web-shop, as well as some parts thereof, on physical or other media for private use and with the prior written consent of the service provider. In addition, registration, use of the web-shop or website or any provision of the GTC shall not entitle the client to use any trade name or trademark appearing on the website & web-shop interface.

          Without the written permission of the service provider, it is forbidden to save the content of the website or web-shop in an open or closed database, or to use or distribute the content for commercial purposes. This especially applies for images placed on the website or web-shop, which are also prohibited from being copied and used for commercial purposes without written prior permission.

          It is prohibited to mirror the content of the website, i.e to re-transmit it by technical means, even in an unaltered form. It is also forbidden to modify, copy, insert or overwrite the existing website database.

          The prior written consent of the service provider may be requested via email at content@amata-power.com or via post at 8000 Székesfehérvár, Surányi utca 47

          The service provider, AmataSport Kft. declares that it has a valid licence from the authors for the use of all copyrighted works (e.g. articles, entries) on the website.

          Unauthorised and copyright infringing use of the website will have criminal and/or civil consequences. The client and/or the user of the site acknowledges that the service provider shall be liable to enforce a penalty in the event of unauthorised use. The penalty fee shall be set at 500 EUR per picture and 5 EUR per word. The client acknowledges that the penalty fee is not excessive and he/she is aware of its existence.

          This website may contain links to other websites. The service provider assumes no responsibility for the content of these pages. However, the owner reserves the right to verify and, if necessary, delete external links to the site from external users.


           

          Attachment 1

           

          Withdrawal declaration template

           

          Addressee: AmataSport Kft.

          8000 Székesfehérvár, Surányi u. 47.

           

          I/We the undersigned, declare that I/we am/are exercising my/our right of withdrawal or termination in respect to the following contract for the sale of:

           

          Date of contract (order acceptance)/date of confirmation receipt:

          Name of client(s):

          Address of client(s):

           

          Signature of the client(s):

          (in the case of a paper statement only)

           

          Date:

           

          You can read our Privacy Policy by clicking on the Privacy Policy link.