VALID:
These General Terms and Conditions (hereinafter referred to as the “GTC”) outline the rights and obligations of Herbst Ádám e.v. (hereinafter referred to as the “Service Provider”) and the Client (hereinafter referred to as the “Client”) using the electronic commercial services provided by the Service Provider through the www.prodogs.hu website (the Service Provider and Client hereinafter collectively referred to as the “Parties”).
The GTC applies to all legal transactions and services conducted through the www.prodogs.hu website, regardless of whether their performance is carried out from Hungary or abroad, by the Service Provider or their representative.
Service Provider Details:
Name: Herbst Ádám e.v.
Headquarters and Mailing Address: 8200 Veszprém, Kocsis u. 26
Tax Number: 57575834139
Customer Service: see more in section 1.7
Email Address: herbstadam91@gmail.com
1.1. These GTC apply to all electronic commercial services provided within Hungary that are conducted through the www.prodogs.hu website (hereinafter referred to as the “Website”) via the electronic store on the Website (hereinafter referred to as the “prodogs.hu online store”).
Furthermore, these GTC extend to all commercial transactions within Hungary that are established between the Parties defined in this contract. Purchases made in the prodogs.hu online store are governed by the Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (hereinafter referred to as the “E-Commerce Act”).
1.2. Purchases in the prodogs.hu online store can be made through an electronic order, as specified in these GTC.
1.3. Most of the services in the prodogs.hu online store are accessible to all users without registration. However, some services require registration (and subsequently, login), which anyone can be eligible for according to the provisions of the GTC.
1.4. After placing an order, the contract can be freely modified or canceled without consequences until its fulfillment. This can be done via phone or email. A contract formed in Hungarian between the Parties upon purchasing goods is considered a written contract, which the Service Provider files and retains for 5 years following its creation.
1.5. The language of the contract is Hungarian.
1.6. The Service Provider does not adhere to any code of conduct.
1.7. Customer Service Contact Details
Customer Service Hours: Monday to Friday, 09:00 – 17:00
Website: www.prodogs.hu
Email: herbstadam91@gmail.com
Phone Number: +36306538990
2.1. Registration can be done by filling out the form under the Registration menu on the Homepage, which consists of two parts.
The first part involves providing preliminary data (a freely chosen username, a valid email address, and a chosen password). After clicking the link sent in the email to validate registration, a more detailed personal data form follows, which can also be completed before placing orders.
By registering on the Website, the Client declares that they have read and accepted the terms of these GTC and the Privacy Policy published on the Website and consents to the data processing described in the Privacy Policy.
2.2. The Service Provider is not liable for any delays or other issues resulting from incorrect or inaccurate data provided by the Client.
The Service Provider is not responsible for damages arising from the Client forgetting their password or if it becomes accessible to unauthorized persons for reasons not attributable to the Service Provider. Each registration is treated as a separate legal entity.
Changes to previously recorded data can be made after logging in by clicking the Personal Settings link and accessing the Personal Data Modification section, which may also affect active orders.
The Service Provider is not liable for damages or errors resulting from changes made by the Client to the registered data.
3.1. The essential properties, characteristics, and instructions for using the goods can be found on the specific product information page, with detailed actual properties included in the product’s accompanying usage instructions.
It is considered proper performance by the Service Provider if the product has better or more favorable properties than those provided on the website or in the usage instructions.
If you have any questions about the product before purchasing, our customer service is available to assist. For products where required by law, usage instructions are included with the product.
If you accidentally do not receive the mandatory usage instructions with the product, please notify our customer service immediately, before using the product, and we will provide them.
If you need more information about the quality, basic properties, use, or usability of any product found on the Website than what is provided, please contact our customer service, whose details are in section 1.7.
3.2. The purchase price is always the amount listed next to the selected product, which, unless otherwise stated, includes VAT. The price of the products does not include delivery costs unless otherwise stated on the final payment page.
3.3. The Service Provider reserves the right to change the prices of the products available on the Website, with changes taking effect immediately upon being posted on the Website. Changes will not adversely affect the price of already ordered products. In the case of online credit card payments, if there is a price decrease between sending the electronic payment notification and receiving the product, we are unable to refund the difference.
Online payment transactions are subject to a security check that takes at least 24 hours, and the product can only be collected after this period.
3.4. If a wrong price appears on the Website despite the Service Provider’s diligence, especially if it is significantly different from the widely accepted or estimated price due to a system error, such as a “0” HUF or “1” HUF price, the Service Provider is not obligated to deliver the product at the incorrect price but may offer delivery at the correct price. The Client may then decide whether to proceed with the purchase. Product images on the website are sometimes illustrations and may differ from the actual product.
3.5. The Service Provider accepts orders not only from registered Clients but requires all fields related to the Client’s data to be completely filled out. (If the Client fills out any field incorrectly or incompletely, they will receive an error message from the Service Provider.)
The Service Provider is not liable for delays or other issues resulting from incorrect or inaccurate order data provided by the Client.
The Client can add selected products to their Cart by clicking the “Add to Cart” button on the detailed product page that appears after clicking on the product.
The Cart contents can be viewed and modified by clicking the cart icon on the right side of the Website, where the quantity of each product can be adjusted, or items can be removed (“Remove”).
Once the Client finalizes the Cart contents, they must click “Checkout” to log in or register on the Website to place their order. They can then choose from delivery methods and provide billing and shipping information.
If all necessary data is provided and the delivery method is selected, the Client can choose how to settle the total amount of the order by clicking the “Continue” button.
After selecting a payment method, the Client can review their order details, modify billing and shipping addresses, choose payment and delivery methods, and add comments to their order on a summary page by clicking the “Pay” button. The order is placed by clicking the “Finalize Order” button, which obligates the Client to pay.
4.1. The Client can correct data entry errors at any stage of the order and before sending the order to the Service Provider on the online store’s ordering interface (e.g., deleting a product from the cart by clicking “Remove”).
5.1. The Service Provider will acknowledge the receipt of the offer (order) sent by the Customer by an automatic confirmation email without delay, and at the latest within 48 hours. This confirmation email will include:
This confirmation email only informs the Customer that their order has been received by the Service Provider.
5.2. The Customer is exempt from the offer bindingness if they do not receive a separate acceptance email from the Service Provider regarding their sent order within 48 hours.
5.3. If the Customer notices an error in the details provided in the confirmation email after sending the order to the Service Provider, they must notify the Service Provider within 1 day.
5.4. The order constitutes an electronically concluded contract, which is subject to the provisions of Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services. The contract falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and considers the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
6.1. The Service Provider will deliver the ordered goods to the Customer using a shipping company, according to the terms outlined on the Shipping and Payment Terms page. The Service Provider reserves the right to change the shipping fee, with the modification taking effect simultaneously with its appearance on the Website. The modification does not affect the purchase price of already ordered products.
6.2. After the fulfillment of the order, the Service Provider will provide the Customer with the option to choose a delivery time, which does not specify an exact time but only a close delivery interval. The Service Provider cannot guarantee delivery at a specific hour.
6.3. Services ordered on the Website will be provided by the Service Provider at the location specified in the order confirmation email sent to the Customer.
6.4. The Customer can find information about the payment methods and collection options provided by the Service Provider on the prodogs.hu website.
The provisions in this section apply only to a natural person acting outside their trade, business, or profession, who purchases, orders, receives, uses, or takes advantage of goods, and to the recipient of commercial communication or offers related to the goods (hereinafter referred to as “Consumer”).
The Consumer is entitled to withdraw from a contract for the sale of goods:
within fourteen (14) days from the day the Consumer or the person designated by them (other than the carrier) receives the product. The Consumer may also exercise the right of withdrawal during the period between the conclusion of the contract and the receipt of the product.
The Consumer is not entitled to the right of withdrawal in the following cases:
7.1. PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
7.1.1. If the Consumer wishes to exercise their right of withdrawal, they must send a clear statement of withdrawal (e.g., by post or electronically) to the Service Provider using the contact details provided at the beginning of these Terms and Conditions. The withdrawal is deemed to be exercised within the deadline if the statement is sent before the deadline expires.
7.1.2. The Consumer is responsible for proving that they exercised the right of withdrawal according to the provisions of point 7.
7.1.3. In all cases, the Service Provider will promptly confirm the receipt of the Consumer’s withdrawal statement by email.
7.1.4. For written withdrawal, the statement will be considered timely if sent within 14 calendar days (even on the 14th calendar day) to the Service Provider.
7.1.5. For postal notifications, the date of posting will be considered, and for email notifications, the date and time of sending the email will be considered by the Service Provider for deadline calculations. The Consumer should send their letter as a registered mail to ensure proof of dispatch date.
7.1.6. Upon withdrawal, the Consumer must return the product to the Service Provider without undue delay and no later than 14 days from the date of notification of withdrawal.
7.1.7. The deadline is considered met if the product is sent back before the end of the 14-day period.
7.1.8. The cost of returning the product is borne by the Consumer, unless the Service Provider has agreed to bear these costs. The Service Provider can assist in organizing the return shipment, but the cost of return shipment will be borne by the Consumer. The Service Provider will not cover the costs of return shipment organized by them, only assist in arranging it. The Consumer should contact the Service Provider’s customer service for this request.
7.1.9. The Service Provider cannot accept packages sent with cash on delivery. Besides the return shipping cost, the Consumer will not incur any other costs related to the withdrawal.
7.1.10. If the Consumer withdraws from the contract, the Service Provider will refund all payments made by the Consumer, including the shipping costs, without undue delay and no later than 14 days from the receipt of the Consumer’s withdrawal notice, except for additional costs incurred due to the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Service Provider.
The Service Provider is entitled to withhold the refund until the product is received or until the Consumer provides proof of having sent it back, whichever occurs first.
7.1.11. The refund will be made using the same payment method used in the original transaction, unless the Consumer expressly agrees to another payment method. The Consumer will not incur any additional costs due to this refund method.
7.1.12. The Consumer is only liable for any diminished value of the product if the use beyond what is necessary to establish the nature, characteristics, and functioning of the product has caused it.
7.1.13. If the Consumer withdraws from a contract for the provision of services after the performance has begun following the conclusion of the contract, they are obliged to compensate the Service Provider for reasonable costs incurred up to the time of withdrawal.
7.1.14. The Service Provider may demand compensation for any diminished value or reasonable costs incurred due to use exceeding what is necessary to establish the nature, characteristics, and functioning of the product, if the performance of a contract for the provision of services was started at the Consumer’s explicit request before the deadline and the Consumer exercises the right of withdrawal.
8.1. Mandatory Warranty
8.1.1. According to the Civil Code and Government Decree 151/2003 (IX. 22.), the Service Provider is obligated to provide a warranty for its products. This means that during the warranty period, the Service Provider is only exempt from liability if it proves that the defect is due to improper use of the product.
8.1.2. The duration of the warranty (warranty period) starts with the actual performance, i.e., the delivery of the product to the Customer, or, if the installation is performed by the Service Provider or its agent, the day of installation.
Consumer goods are defined in the annex of Government Decree 151/2003 (IX. 22.), which specifies a mandatory one-year warranty period. The decree only applies to new products sold under consumer contracts concluded within Hungary and listed in the annex.
A defect is not covered by the warranty if it arises after the product has been delivered to the Customer, for example, if the defect is due to:
In the case of a defect covered by the warranty, the Customer:
If the Customer submits a replacement request within three working days of the purchase (installation), the Service Provider is obligated to replace the product, provided that the defect prevents the intended use of the product.
Repair or replacement – considering the product’s characteristics and the intended use expected by the Customer – must be carried out within a reasonable time, taking care of the Customer’s interests. The Service Provider should aim to complete the repair or replacement within fifteen days.
During repair, only new parts may be installed in the product.
The warranty period does not include the time during which the Customer cannot use the product due to the repair. The warranty period will start anew for the replaced (repaired) product or part of the product and for any defects arising as a result of the repair.
8.1.3. The costs related to fulfilling the warranty obligations are borne by the Service Provider.
8.1.4. The Service Provider is only exempt from warranty obligations if it proves that the defect arose after performance.
8.1.5. The Customer does not have the right to enforce both warranty claims and product liability claims simultaneously for the same defect. Regardless of these restrictions, the rights arising from the warranty remain applicable as defined in points 9.1 and 9.2.
8.1.6. The warranty does not affect the Customer’s rights arising from the law – particularly warranty and product liability claims, or compensation claims.
8.1.7. If a dispute arises between the parties that cannot be resolved amicably, the Customer may initiate a mediation procedure according to the provisions in point 12.2.
8.2. Voluntary Warranty
8.2.1. The Service Provider offers a warranty (guarantee) for the products it sells, as specified on the Website or in the Product description, which may be longer than the statutory warranty period. The Service Provider will communicate the duration of the warranty for each product at the latest upon the Customer’s receipt of the product via the warranty certificate (warranty card).
9.1. Warranty
9.1.1. In the case of defective performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider. For consumer contracts, the Customer can assert warranty claims within a 2-year statute of limitations from the date of receipt for product defects existing at the time of delivery. Beyond the two-year statute of limitations, the Customer can no longer assert warranty claims.
9.1.2. For non-consumer contracts, the entitled party may assert warranty claims within a 1-year statute of limitations from the date of receipt.
9.1.3. The Customer may – at their discretion – request repair or replacement, unless the chosen claim is impossible or would result in disproportionate additional costs for the Service Provider compared to fulfilling another claim.
If the Customer did not or could not request repair or replacement, they may request a proportional reduction in the price or repair the defect at the Service Provider’s expense or have it repaired by someone else, or ultimately withdraw from the contract. Withdrawal is not applicable for insignificant defects.
9.1.4. The Customer may switch from one warranty claim to another, but must bear the costs of the switch, unless it was justified or caused by the Service Provider.
9.1.5. The Customer must report the defect immediately upon discovery, but no later than two months from discovering the defect.
9.1.6. The Customer may assert their warranty claim directly against the Service Provider.
9.1.7. Within six months of the contract’s performance, the only requirement for asserting a warranty claim is reporting the defect if the Customer can prove that the product was purchased from the Service Provider (by presenting the invoice or a copy thereof).
In such cases, the Service Provider is only exempt from warranty obligations if it disproves this assumption, i.e., proves that the defect arose after delivery to the Customer. If the Service Provider can prove that the defect was due to a reason attributable to the Customer, it is not obliged to satisfy the Customer’s warranty claim.
After six months from performance, the Customer must prove that the defect was present at the time of performance.
9.1.8. If the Customer asserts a warranty claim with respect to a part of the product – in terms of the identified defect – the warranty claim is not considered valid for the remaining parts of the product.
9.2. Product Liability
9.2.1. In the case of a defect in the product (movable thing), the Customer qualifying as a consumer may choose to assert either the warranty rights specified in point 9.1 or a product liability claim.
9.2.2. The Customer does not have the right to assert both warranty and product liability claims simultaneously for the same defect.
However, if a product liability claim is successfully asserted, the Customer may assert warranty claims for the replaced or repaired part of the product against the manufacturer.
9.2.3. As part of a product liability claim, the Customer can only request repair or replacement of the defective product. The Customer must prove the defect in the product when asserting a product liability claim.
9.2.4. A product is considered defective if it does not meet the quality requirements in force at the time of marketing or if it does not have the characteristics described by the manufacturer.
9.2.5. The Customer may assert a product liability claim within two years from the marketing of the product by the manufacturer. After this period, the right is lost. The Customer must report the defect to the manufacturer without delay after discovering it.
A defect reported within two months from discovery is considered timely. The Customer is responsible for any damages resulting from delays in reporting.
9.2.6. The Customer may exercise a product liability claim against the manufacturer or distributor (Service Provider).
9.2.7. Under the Civil Code, the manufacturer includes the producer and distributor of the product.
9.2.8. The manufacturer or distributor (Service Provider) is exempt from product liability obligations only if they can prove that:
9.2.9. The manufacturer or distributor (Service Provider) is only required to prove one of these grounds to be exempt from product liability.
10.1. Accuracy of Information The information on the Website is provided in good faith; however, it is for informational purposes only. The Service Provider does not take responsibility for the accuracy and completeness of the information.
10.2. Risk of Use The Customer may use the Website solely at their own risk and acknowledges that the Service Provider is not liable for any material or non-material damages arising from the use, except in cases of intentional misconduct or gross negligence, or where there is a risk to life, physical integrity, or health.
10.3. User Behavior The Service Provider excludes all responsibility for the behavior exhibited by users of the Website. The Customer is fully responsible for their actions, and the Service Provider will cooperate with authorities in the case of legal violations.
10.4. Third-Party Websites The Website may contain links to other providers’ sites. The Service Provider is not responsible for the privacy practices or other activities of these sites.
10.5. User Content The Service Provider has the right, but is not obligated, to review content posted by Customers and is not required to seek out signs of unlawful activity.
10.6. National Laws Due to the global nature of the Internet, the Customer accepts that the relevant national laws must be considered when using the Website. If the use of the Website is not permitted under the laws of the Customer’s state, the responsibility rests solely with the Customer.
10.7. Complaint Obligations If the Customer notices objectionable content on the Website, they are required to promptly notify the Service Provider. If the notification seems justified, the Service Provider has the right to promptly delete or modify the information.
11.1. Copyright Protection The Website is protected by copyright. The Service Provider is either the copyright holder or an authorized user of all content available on the Website, including graphics, layout, software solutions, and other intellectual creations.
11.2. Usage Terms The physical or digital saving or printing of content from the Website for personal use is permitted only with the Service Provider’s prior written consent. Any other use, such as storing in a database, transmission, publication, or commercial exploitation, is only allowed with the Service Provider’s written permission.
11.3. Legal Provisions The Customer does not obtain rights to use commercial names or trademarks through the use of the Website. Intellectual creations may not be used without the Service Provider’s prior written consent.
12.1. Complaints Management Customers may submit complaints related to the product or the Service Provider’s activities at the following contacts:
In the case of verbal complaints, the Service Provider will investigate and remedy the issue immediately if possible. If the complaint cannot be resolved immediately, the Service Provider will record it and provide a copy or send it in writing to the Customer.
Written complaints must be investigated and responded to substantively by the Service Provider within thirty days. The Service Provider will keep the complaint record and response copy for five years.
12.2. Other Legal Remedies If a consumer dispute between the Service Provider and the Customer is not resolved, the Customer may choose from the following options:
Contact details for the Budapest Conciliation Board:
13.1. Security Measures The Website is based on Linux/PHP with adequate security measures, but Customers are advised to use and install antivirus and antispyware software and keep their operating systems updated.
13.2. Order Quantities The Service Provider only fulfills orders for household quantities in its specialized stores and online shop.
13.3. Modification of Terms and Conditions The Service Provider has the right to unilaterally modify these Terms and Conditions. The Service Provider will notify users of changes via email, and registered users must accept the modifications upon logging into the site when the changes take effect.
