General Terms And Conditions
By using the website available at yama.hu, you declare to be aware of and accept the below General Terms and Conditions drafted pursuant to the Civil Code (Act V of 2013) Article 6 (77)-(81).
If you wish to be a customer or an active user of the opportunities offered by our Webshop, please read the General Terms and Conditions carefully and use our services only if you agree with all the points listed and recognise to be bound by them.
I. SCOPE OF THE CONTRACT
These General Terms and Conditions (hereinafter referred to as GTC) extend to all products and e-commerce services available to purchase and order at the YamaShop Webshop available at https://yama.hu/hu website operated by STARFOL Plusz KFT (head office: 9600 Sárvár, Várkerület 26).
The scope of this GTC covers all electronic commerce services provided on the territory of Hungary via the website www.yama.hu.
For the purposes of this GTC, STARFOL Plusz KFT shall be hereinafter referred to as the "Company", the customer of the Webshop shall be hereinafter referred to as the "Customer", the "Company" and the "Customer" shall be hereinafter collectively referred to as the "Parties".
By using YamaShop or by registering, the Customer accepts and recognises to be bound by the provisions of this GTC.
For your information, in the case of questions arising in connection with orders and the process of delivery, we are available to our Customers at the contact details provided in this GTC.
This GTC is continuously available on the http://yama.hu website.
II. CONTRACTING PARTIES
Company:
Name of the Company: STARFOL Plusz Csomagolástechnikai és Kereskedelmi Korlátolt Felelősségű Társaság
Abbreviated company name: STARFOL Plusz KFT
Court of Registration: Szombathelyi Törvényszék Cégbírósága (Commercial Court of the Regional Court of Szombathely)
Company Register Number: 18-09-106368
Head office and mailing address: 9600 Sárvár, Várkerület 26.
email: info@yama.hu
Customer Service Phone number: +36 95 520 322; +36 30 650 6115
Tax number: 13506032-2-18
Statistical code: 13506032-4690-113-18
Web Hosting Provider:
Company name of the web hosting provider: Compass Web & Media KFT
Head office of the web hosting provider: 9700 Szombathely, Szent II. János Pál Pápa krt. 20/A.
Electronic availability of the web hosting provider: info@compassweb.hu
Website of the web hosting provider: www.compassweb.hu
Customer service:
Phone number: +36 95 520 322; +36 30 650 6115
Our customer service is available by phone in the following periods:
Monday to Friday: 8:00 a.m. to 5 p.m.
Please note that customer service is not available on public holidays.
Electronic availability of the customer service: info@yama.hu
Customer:
The services of YamaShop Webshop can be used by any individual, legal entity or other entity without legal personality, if they register with the Website validly and successfully, recognise to be bound by the terms of this GTC and the data processing contained in the Data Protection Statement, in addition to paying the purchase price of the product, and the cost of delivery and, in the case of a cash on delivery order, the fee of COD.
III. PRODUCTS AVAILABLE
In YamaShop, you can browse products and service available by product categories. In addition to the products listed, there is a brief description of each product, its price and other features (non-exhaustive list). For more information on a certain product, click on the product image or name. You will be redirected to the product page where there is more detailed information about the product.
Product categories and products:
YAMA ART Gallery: Artworks
YAMA Business: take-away boxes, cutlery, glasses, plates, bowls, bags, pouches, other accessories
YAMA Home: craft ceramics, home composting
YAMA Kitchen: food, compostable serving utensils, recipe books
YAMA Lifestyle: jewellery, clothing, zero waste
YAMA Books: books, cookbooks, other publications
The essential features, characteristics and instructions on the use of the products available are provided in the product descriptions of the products available on the Website. The purchase price of the products is the gross price indicated under the selected product, in package and unit prices. The cost of delivery is not included in the purchase price of the products, and in the case of a cash on delivery order, the fee of COD.
Indication of prices:
The sales prices of the products and services offered by YamaShop on the product page, indicated in Hungarian Forints, already include the VAT (gross prices). The unit price and package price of the products are also indicated (including VAT).
The purchase price of the products does not include the cost of any parcel delivery / delivery. We will inform the Customer separately about the latter ones during the order process.
The Company reserves the right to change prices of the products / services available.
No separate packaging costs will be charged.
VAT refund: STARFOL Plusz KFT does not refund the VAT in any case.
The Webshop warrants that at the end of the order process, the Customer can clearly ascertain the purchase price of the products placed in the basket before sending their binding order.
Wrong / False Price Indication:
If, despite all due care and diligence of our Administrator, an erroneous price is displayed in the Webshop, the agent is not obliged to sell the product / service at the erroneous price, but may offer the Customer the purchase with the right and actual price at which the Customer may waive their purchase intent.
IV. CONCLUSION OF CONTRACT
Language of the contract: Hungarian
A contract concluded using YamaShop is not a written contract, it is not filed or stored for registration, and thus it is not accessible later and cannot be viewed. From a legal point of view, orders placed in the Webshop constitute a legal declaration in the form of implied conduct.
With reference to Section 5 of Act CXIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services, yama.hu YamaShop provides the following information to users of service provided by yama.hu.
Technical steps required to conclude a contract electronically:
Registration:
Registration can be done by filling in the form in the Registration menu on the home page of the Website. The order is always subject to registration.
The Company shall process the personal data provided by the Customer during the registration pursuant to the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information. For more information on data processing, see the Data Protection menu item.
The Company draws the Customer's attention to keeping and storing their user name and password in a place where a third party does not have access to them, and never disclose such data to third parties. The Company shall not be liable for any damage arising from the Customer forgetting their password or any unauthorised access for any reason not attributable to the Company.
In case of a forgotten password, the Customer has the opportunity to generate a new password on the login page. Registration is identified by the email address; one email address can be registered once only.
By providing their email address, Customers agree to the Company sending them a technical message. The Company shall erase the registered data from the system upon request.
How to order:
After registration, the Customer, after the completion of all mandatory fields of the ordering form and verifying the data entered, confirms the order by clicking on the “Order” button and at the same time makes a bid for the Company's offer to purchase. If the Customer fails to complete a field, they receive an error message from the Company. After the error message, the Customer has the opportunity to modify or specify their data. If the Customer has duly filled in the mandatory fields, after clicking on the order button, they will have the opportunity to check their data and, in case of providing inaccurate or incorrect data, they may have the opportunity to modify it. The Company shall not be liable for any delivery delay, other problem or error attributable to the Customer having provided erroneous and / or inaccurate ordering data.
After the order is made, the Customer shall have a payment obligation.
Payment options: cash on delivery or prepayment.
Prepayment can be made by using PayPal or by transferring to the bank account number of the Company with K&H Bank.
If the Customer ops for cash on delivery as a method of payment, they will also have to pay a handling fee of COD in addition to the shipping cost.
Depending on the value of the product, the fee of COD is as follows:
Up to HUF 10,000 + HUF 500
Up to HUF 20,000 + HUF +700
Up to HUF 50,000 + HUF 1000
There is no possibility of COD for orders exceeding HUF 50,000.
In case of prepayment, the Company will only hand over the package to the deliverer if the exact amount indicated in the order confirmation is received on the bank account number indicated in the order confirmation.
In case of prepayment, if the Customer fails to fulfil the payment obligation within 15 days after the receipt of the confirmation e-mail, the Company shall be entitled to withdraw from the contract by a written unilateral declaration addressed to the Customer, in which case the contract shall be terminated without the performance of the Parties.
The Company accepts the order only from registered Customers and only if the Customer completes all the fields required for the order.
By placing an order, the Customer declares that they expressly accept and recognise to be bound by these General Terms and Conditions.
The Company is obliged to confirm the purchase electronically to the Customer upon receipt of the Customer's purchase offer; i.e. the order.
The Contract between the Parties shall be made upon receipt of the confirmation email.
If the confirmation e-mail does not arrive to the Customer within 48 hours of the submission of the offer, the Customer shall be exempt from the binding obligation and thus the Contract shall not be concluded between the Parties.
Delivery Payment Terms:
The Company provides delivery within Hungary through the parcel delivery service GLS General Logistics Systems Hungary Csomag-Logisztikai KFT.
Depending on the value of the order, the shipping cost is charged as follows:
1) YAMA Packaging products:
HUF 1-50 000: HUF 1,900 / parcel
Over HUF 50 000: free shipping
2) YAMA other categories (YAMA Art gallery, Books, Home, Kitchen, Lifestyle)
HUF 1-20,000: HUF 1,900 / parcel
Over HUF 20,000: Free shipping
The terms of delivery of packages over 40 kg and larger than 2x3 m are fixed by the Parties in a separate agreement.
In terms of carton quantities ordered by companies or institutions, the Company shall negotiate the method and cost of delivery with the Customer prior to delivery.
The Company shall deliver the product ordered and in stock on the Website within 4-6 days after the payment of the purchase price and the delivery fee in case of prepayment, within 4-6 days after receipt of the order in accordance with the tariffs specified in the GTC in case of cash on delivery.
Orders will be shipped by the Company to the delivery address indicated by the Customer during the order. The Company will notify the Customer of the time of delivery of items not in stock or products made on the basis of the Customer's individual order within 72 hours of the order by email.
The deliverer delivers the ordered goods to door between 8 a.m. and 5 p.m. on working days.
Upon receipt of the product, the Customer shall, without delay, make sure that the delivered products match the ones specified in the order both in terms of quantity and quality. The subcontractor of the Company shall deliver the ordered goods in undamaged, unopened and original packaging to the address indicated in the confirmation. A parcel is qualified as undamaged, unopened and original only if provided with the 'YAMA' security tape applied by the Company and the tape is intact. If the Customer experiences any damage or deviation, the deliverer shall, at the Customer's request, hand over the goods item by item and take a report on the spot.
If the product ordered is unavailable at the time of ordering, or the product ordered indicated as available cannot be obtained within the period indicated on the website, YamaShop reserves the right not to accept the order for the product. In this case, no contract will be concluded, of which the Customer will be notified. Any payments the Customer may have made earlier will be returned to them immediately.
The order or confirmation thereof may be considered as received by the Webshop or the Customer when it becomes available to the recipient. No liability shall be borne by the Webshop in the event that the confirmation is not received by the Customer because they provided an erroneous e-mail address or the e-mail account is not accessible due to its full storage capacity.
Legal Requirements for Conclusion of Contract:
In the case of a distance contract, the Company shall provide the Customer / consumer the information required by law (in clear and comprehensible language) or make it available to the consumer in a manner appropriate to the means of communication between the distant parties. The information provided on a durable data medium (electronic mail, e-mail also qualifies as one) must be legible.
If the distance contract concluded electronically generates a payment obligation for the consumer, the consumer shall be made aware of the payment obligation, clearly and visibly, immediately before the consumer's contract statement is made. The Company shall inform the Customer before making the consumer's contract statement about
the essential characteristics of the contract product or service;
the total amount of the contract product or service plus taxes, or, if the price of the product or service cannot be reasonably calculated in advance due to the characteristics thereof, its method of calculation and any additional costs (in particular delivery or postage) or if such costs cannot be reasonably calculated in advance, an indication of the fact that additional costs may be incurred.
In the case of an indefinite contract or a subscription agreement, about the fact that the total amount includes all the costs relating to the billing period. If all costs cannot be calculated in advance, the consumer shall be informed about the method of calculating the price;
In the case of a fixed-term contract, the duration of the contract;
in the case of an indefinite contract, the conditions of terminating the contract;
in the case of a fixed-term contract, which may be converted into one with indefinite term, the conditions of the conversion and the conditions for terminating the contract which has been converted into one with an indefinite term; the shortest contractual period of the consumer's obligations.
The company must ensure that the consumer expressly acknowledges, when making their contract statement, that their statement entails a payment obligation.
If the making of a declaration involves the activation of a button or similar function, the button or similar function shall be clearly and legibly indicated with the tile "order with payment obligation" or an equivalent, clearly worded one indicating that the making of the contract statement entails a payment obligation for the benefit of the Company.
When placing an order in the Webshop, this information obligation is fulfilled by the fact that prior to clicking on the button "Submit Order", the Customer is obliged to tick the checkbox, by which they declare, among others, that they have acknowledged that by clicking on the "Submit Order" button they make a binding offer to the product / service / digital content / etc. in the basket, which entails a payment obligation.
The Company with a commercial Internet site is obliged to clearly and legibly indicate any delivery restrictions and payment methods accepted, at the latest at the time of the consumer's contract offer.
After the conclusion of the distance contract (within a reasonable period of time, but in the case of a contract for the sale of the product at the latest at the time of delivery; in the case of a service contract at the latest at the time commencing the provision of the service), the Company shall provide the consumer with a confirmation of the contract on a durable medium.
The confirmation shall contain the mandatory information specified above, unless the Company has already given it to the consumer on a durable medium prior to the conclusion of the contract, and the consumer has made a declaration, the relevant confirmation, pursuant to Article 29 (m) of Government Decree 45/2014 (II.26).
V. ACCEPTANCE AND DELIVERY
Personal acceptance:
Products confirmed and received can also be accepted at the premises of STARFOL Plusz KFT at the below addresses:
Address: 9756 Ikervár, Gróf Batthyány Lajos u. 91.
2310 Szigetszentmiklós, Leshegy u. 8.
Phone: +36 95 520 322
email: info@yama.hu
Opening hours: Monday to Friday 8 a.m. to 5 p.m.
The products to be picked up in person must be picked up within 10 days, as there is no means or possibility of further storage. The order will be cancelled by the Company after 10 days; a notification thereof will be sent by e-mail.
Delivery:
Yama.hu reserves the right to withdraw from the purchase agreement if the product is not picked up. In this case, the Customer will receive a credit corresponding to the price paid, unless otherwise agreed, in the form of the original payment (i.e. credit to the debit / credit card or bank account, or cash back).
Delivery is only available upon delivery to Hungary.
Shipping costs may vary by product. For some products and services, only one of our logistics partners will deliver. Many products offer free shipping. This is always indicated separately for each product. In case of orders of two or more products together, one shipping cost will be charged to one address. If at least one of the products has free shipping, all products are shipped free of charge to one address.
Due Delivery Date:
For stock items, the expected delivery time is 3-5 business days.
For non-stocked products, we inform the customer by e-mail about the expected time of delivery.
This deadline is indicative. If the purchase of a product ordered by the Customer is not possible or the product is difficult to obtain and the delivery time is changed, we will definitely notify the Customer. Exact shipping information is provided by phone and e-mail as this may depend on several factors.
For GLS parcel service, the selected product is delivered to door (including upstairs).
VI. PAYMENT
All prices on the yama.hu website are given in Hungarian forints and include VAT, but no other costs, such as possible home delivery, are included. No packaging costs will be charged.
After completing the ordering process, the Customer may choose from the following payment methods.
In the case of home delivery
The possibility of paying by debit / credit card on yama.hu website is under development and is being introduced.
In the case of cash on delivery orders made through the website yama.hu, the parcel service may act on behalf of STARFOL Plusz KFT and may receive the purchase price in return for the product. Only cash payments can be made in the case of COD.
In the case of payment by bank prepayment on the website yama.hu, please transfer the purchase price to the following bank account number.
Account number: K&H 10404735-50526688-82721002
Please note that only the transactions received on our current account are considered as valid payment.
Please enter the account number only into the transfer notice box.
We are unable to accept a transfer certificate, so please make sure the transaction is done at the latest on the business day preceding your personal receipt. In the case of delivery, the package will not be handed over to the parcel service until the transfer is booked by us (usually the working day after the transfer).
There is no way to use a deferred payment option when making a transfer.
In the case of personal acceptance
Cash payment on site during opening hours, if the product has arrived and can be picked up.
In case of prepayment, the amount has to be transferred to the bank account of the Company, under the conditions detailed above.
The data entered during the payment are not stored by yama.hu, they are managed by the respective payment company and the different data protection provisions of the financial service providers apply in these cases.
All costs incurred by the customer in connection with the payment of the product, in particular, but not limited to, the transaction fee and the cost of a transfer from a bank account with a non-Hungarian bank, shall in all cases be borne by the Customer.
VII. RETENTION OF TITLE
The ordered and shipped product will remain the property of yama.hu until payment is made in full.
VIII. THE CUSTOMER'S RIGHTS OF WITHDRAWAL AND CANCELLATION
Pursuant to Article 8 (1) (1) (3) of the Civil Code, the Customer is a consumer if they are a natural person acting outside their trade, profession or business.
The consumer is entitled to the right of withdrawal pursuant to Government Decree 45/2014 (II. 26.) on distance contracts in relation to the products purchased.
The consumer may withdraw from the contract by telephone, e-mail message or in person within 14 days without giving any reason for doing so or, if they have received the goods before the deadline, by returning it. The 14-day withdrawal is calculated upon receipt of the product. The Customer may also withdraw between the order and receipt of the goods. The Customer shall indicate the cancellation of their assignment to the Customer Service. If the product is already under delivery, please do not take it over, the parcel service will return it to us.
In case of withdrawal, you can fill in the form attached or notify us by e-mail (info@yama.hu) or phone (+3695520322; +36306506115) for quick administration.
The consumer may exercise their right of withdrawal in the case of a contract for the sale of a product under the following conditions:
Within 14 days of the date of receipt of the product; upon delivery of several products, within 14 days from the day the Customer or the third party other than the deliverer indicated by the Customer takes over the last product; in the case of a contract for the provision of a service, the Customer may exercise this right within 14 days of the date of conclusion of the contract. If yama.hu failed to comply with this information obligation, the withdrawal period shall be extended by twelve months. If, within twelve months of the expiry of the 14-day period, yama.hu provides the consumer with the specified information, the period for withdrawal or cancellation shall expire on the fourteenth day after the date of such communication. Notice of withdrawal or timely delivery of the commercial product is sufficient to meet the withdrawal deadline.
If the Customer qualifying as a consumer withdraws from the contract, they shall return the product immediately, but no later than 14 days after the notice of withdrawal.
In addition to the above, the consumer is obliged to reimburse depreciation resulting from use in excess of the use required to determine the nature, characteristic and operation of the product.
The product may be returned to the following address:
STARFOL Plusz KFT 9756 Ikervár, Gróf Batthyány u. 91.
In the event of a valid withdrawal, all reciprocal payments will be refunded. If the consumer is unable to reimburse us for the performance received, or is only partially able to do so, or returns it in a depreciated condition resulting from the use of the product in excess of the use required to determine the nature, characteristic and operation of the product, they are obliged to compensate us for any resulting damage.
The Customer shall bear the direct costs of returning the product if, at the time of conclusion of the contract, the product has been shipped to the consumer by yama.hu.
The amount paid by the Customer, including any costs incurred in connection with the performance, shall be returned immediately, but no later than 14 days after the notice of withdrawal, if the product is returned intact. This deadline begins on receipt of the intention to withdraw.
If at the time of shipment, the Customer chooses a method of transportation other than the least expensive routine method of transportation (e.g. the customer entrusts their own parcel service company, who would incidentally deliver at a higher cost), yama.hu does not reimburse the resulting additional costs.
In the case of a contract for the sale of a product, yama.hu may withhold payment of the amount to be reimbursed until the consumer returns the product or, without doubt, has certified the return thereof and the transfer of ownership has taken place (the earlier date of the two must be taken into account).
During the refund, yama.hu uses the same payment method as the payment method used in the original transaction, unless the Customer expressly grants their consent to the use of another payment method. Due to the application of this refund method, no additional costs will be borne by the consumer.
Unless otherwise agreed by the Parties, the consumer may not exercise the right of withdrawal in the case of a service contract, after the service has been performed in full, if yama.hu has commenced the performance with the express, prior consent of the consumer, and the consumer has acknowledged that they shall lose their right of cancellation upon full performance of the service;
for a product or service whose price or charge depends on the fluctuation of the money market that cannot be influenced by the Company during the period open for withdrawal;
in the case of a non-prefabricated product which has been produced at the consumer's request or at their express request, or in the case of a product which has been clearly customised to the consumer.
perishable or short dated products;
in the case of a sealed product which cannot be returned for health or hygiene reasons after being opened after delivery;
a product which, by its nature, inseparably mixes with another product after delivery;
in the case of a business contract where the Company, at the express request of the consumer, requests the consumer to carry out urgent repair or maintenance work;
in the case of sealed packaged audio or video recordings and the sale of a copy of a computer software, if the consumer has opened the packaging after the delivery;
in the case of a contract for the carriage of goods or services related to leisure activities, if the performance date or deadline has been specified in the contract;
in the case of digital content on non-tangible media, if yama.hu has started performance at the consumer's explicit prior consent, and the consumer has, at the same time, expressed their acknowledgment that they will lose their right of withdrawal after commencement of the performance.
In addition to the rights set out above, the consumer has the opportunity to personally declare their withdrawal from the order within the deadline for withdrawal.
IX. RESPONSIBILITY
Customer is not entitled to claim compensation, except for damages under product liability, if it is based on damage to life, physical integrity, health, and other damage that are based on a deliberate or grossly negligent misconduct on the part of yama.hu.
In the event of a breach of contract, yama.hu shall only be liable for damage typical to contracts that are foreseeable and actual damage.
It is considered to be an appropriate, contractual performance by yama.hu if the product has more favourable parameters than the information provided in the user manual on the website.
There shall be no liability for yama.hu if the delivery delay or other problem has occurred due to inaccurate and / or incorrect information provided by the customer.
The product data sheet of the selected product includes descriptions of the essential characteristics of the product, the instructions for use, alongside with the information that details the actual properties of the selected product are found in the product data sheet.
Yama.hu excludes all liability for the behaviour of the users of the website. The user of the website is solely and fully responsible for their own behaviour, and yama.hu fully cooperates with the determining authorities within the legal framework in order to detect possible violations of legislation.
Yama.hu is not responsible for any damage resulting from the use of the system. The Customer may use yama.hu website only at their own risk and accept that yama.hu is not responsible for any material or non-material damage arising during use, except for one caused deliberately, with gross negligence or as a criminal offence, as well as liability for breach of contract damaging life, physical integrity or health.
X. PROCEDURE FOR DEFECTIVE PRODUCT
Claims related to a defective product can be enforced during the open period either via yama.hu or in person.
If the Customer does not qualify as a consumer, i.e. the Customer places their order in the course of their commercial or professional activity, the claim due to the defect expires within 1 year of receipt of the goods.
Please check the purchased product at the time of receipt, and if the packaging is damaged, please inform the deliverer and ask for it to be recorded. If you have a quantitative or qualitative objection, please report your complaint to our customer service.
Our deliverer will return the products free of charge if the products sent are accidentally different from the ones ordered, different in number, or are damaged. We will then contact you immediately and deliver the product ordered free of charge.
XI. COMPLAINT HANDLING
The Customer may contact the Company with enquiries about the operation of the Website, orders and with possible complaints at the following contact details:
Mailing address: 9600 Sárvár, Várkerület 26. Pf. 39.;
Phone: +36 95 520 322; +36 30 650 6115
E-mail: info@yama.hu
Complaints made by telephone are immediately investigated by the Company and remedied as necessary and as far as possible.
Issues and complaints in connection with online prepayment are within the responsibility of your account bank; so please address these questions to your account bank.
If the Customer disagrees with the handling of the complaint or the Company is unable to investigate the complaint immediately, the Company shall immediately record the complaint and its position on the complaint. The Company shall send a copy of the report to the Customer, at the latest accompanied by a substantive reply to the complaint.
The Company shall respond to written and oral complaints made by the Customer, as well as to complaints handled by the Company in an unsatisfactory manner in the Customer's opinion, within 30 days of their receipt.
The Customer shall be entitled to enforce the legal disputes arising from the present GTC against the Company, as well as by other legal means, and shall be entitled to initiate the proceedings of the Vas Megyei Békéltető Testület (Vas County Conciliation Board) competent under the head office of the Company.
Vas Megyei Békéltető Testület (Vas County Conciliation Board)
Head office: 9700 Szombathely, Honvéd tér 2; Phone: +36 94 312 356 email: bea@vmkik.hu
The consumer may submit consumer complaints regarding products or the activities of the Company at the following contact details:
Customer service:
Phone number: +36 95 520 322; +36 30 650 6115
Our customer service is available by phone in the following periods:
Monday to Friday: 8:00 a.m. to 5 p.m.
Please note that customer service is not available on public holidays.
Electronic availability of the customer service: info@yama.hu
The consumer may communicate their complaint to the Company either orally or in writing, which is related to the conduct, behaviour or neglect of the Company or a person acting for or for the benefit of the Company in connection with the distribution or sale of the goods to the consumer.
The company must immediately examine the oral complaint and remedy it as necessary. If the consumer disagrees with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Company shall immediately record the complaint and their position on the complaint and provide a copy of the complaint in person to the consumer in the case of an oral complaint made in person. In the case of an oral complaint made by telephone or other electronic means of communications, the reply shall be sent to the consumer within 30 days at the latest, in accordance with the requirements for the reply to the written complaint, at the same time as the substantive reply. Otherwise, the Company shall act on the written complaint as follows. The written complaint shall be answered and acted upon the communication of the answer thereof in writing by the Company within 30 days of its receipt, unless otherwise provided for by the directly applicable legal act of the European Union.
A shorter deadline may be stipulated by legal provision, a longer one may be stipulated by law. The Company shall state the reasons for its rejection of the complaint. An oral complaint made by telephone or electronic means of communications shall be assigned a unique identification number.
The Company shall keep a record of the complaint and a copy of the response for 5 years and present it to the control authorities upon request.
If the complaint is rejected, the Company is obliged to inform the consumer in writing of the authority or the conciliation board whose procedure, related to the complaint by its nature, may be initiated. The information shall also include the head office, telephone and Internet access and mailing address of the authority or the conciliation board competent under the consumer's place of residence or stay. The information should also include whether the company uses the proceedings of the conciliation board in order to settle the consumer dispute.
If the potential consumer dispute between the seller and the consumer is not settled during the trial, the following legal remedies are available to the consumer:
Submitting a complaint to the Consumer Authority: If the Customer detects a violation of their consumer rights, they are entitled to complain to the Consumer Authority competent in their place of residence. After the consideration of the complaint, the authority will decide on the conduct of the consumer protection procedure. Consumers may primarily turn to their regionally competent district offices with their complaints. Contact details for district offices can be found on the website https://jarasinfo.gov.hu.
Initiating the procedure of the conciliation board: If a potential consumer dispute between the Company and the Customer is not settled during negotiations with the Company, the Customer who qualifies as a consumer, may apply to the conciliation board competent under their place of residence or stay, and initiate the procedure of the Board, or contact the conciliation board competent under the head office of the Company.
For the purposes of application of the rules of the Conciliation Board, a non-governmental organization pursuant to specific law, a church, an apartment building, a housing cooperative, a micro-, small- and medium-sized enterprise that purchases, orders, receives or uses goods, or an addressee of commercial communication related to the goods qualify as a consumer.
The Company is subject to a duty of cooperation in the procedure of the conciliation board.
In this context, there is an obligation for enterprises to reply at the request of the conciliation board, and an obligation to appear before the conciliation board is recorded as an obligation ("to ensure the participation of two persons authorised to make an agreement at a hearing").
Where the head office or premises of the Company are not registered in the county of the Chamber operating the regionally competent conciliation board, the duty of cooperation of the Company shall include the possibility of a written agreement corresponding to the consumer's demand.
In the event of a breach of the above duty of cooperation, the Consumer Authority is designated, based on which, due to the change of legislation, in case of unlawful conduct of enterprises mandatory fines shall be applied.
The conciliation board is competent to settle the consumer dispute out of court. It is the task of the conciliation board to try to establish an agreement between the parties for the purpose of resolving the consumer dispute, and in case of ineffectiveness, make a decision on the enforcement of consumer rights in a simple, quick, efficient and cost-effective manner. The conciliation board shall, at the request of the consumer or the Company, advise on the rights and obligations of the consumer.
The procedure of the conciliation board shall commence at the request of the consumer. The request must be submitted in writing to the chair of the conciliation board: the written requirement may be met by letter, telegram, teleprinter or fax, and by any other means that enables the recipient to permanently store the data addressed to them for a period of time sufficient for the purpose of the data and for displaying the data stored in unchanged form and content.
The application shall include:
the consumer's name, place of residence or stay;
the name, registered head office or premises of the Company concerned by the consumer dispute;
if relevant, the indication of the board the consumer requested for competence instead of the competent conciliation board;
a brief description of the consumer's position, the facts and their supporting evidence;
a statement by the consumer that the consumer has attempted directly to settle the dispute with the Company concerned;
a statement by the consumer that no procedure of other conciliation board has been initiated in the case, no mediation procedure has been initiated, no application or no request for issuing an order for payment has been made;
a motion for a decision by the board;
the consumer's signature.
The application shall be accompanied by the document or a copy (extract) thereof whose content the consumer refers to as evidence, in particular a written statement by the Company rejecting the complaint, or, in the absence of that, any other written evidence available to the consumer about the attempted conciliation.
Dispute Resolution Procedure through the Online Dispute Resolution (ODR) Platform of the European Union:
In the case of a cross-border consumer dispute related to an online purchase agreement, it is possible for consumers to settle cross-border disputes related to online shopping electronically on the following link
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
through submitting an electronic complaint via the online platform available on the ODR link provided. To do this, the consumer needs to register on the online platform available on the link above, fully complete the application and submit it electronically to the Conciliation Board through the platform. In Hungary, the Budapesti Békéltető Testület (Budapest Conciliation Board) (BBT) is entitled to act in cross-border disputes between consumers and traders related to online purchase agreements or service contracts.
The competent body under the head office of the Company is the Vas Megyei Békéltető Testület (Vas County Conciliation Board).
Contact details of the Conciliation Boards: https://www.bekeltetes.hu/index.php?id=testuletek
Name and address of the consumer:
Place, time and method of lodging the complaint.
A detailed description of the consumer's complaint, documents presented by the consumer, register of documents and other evidence.
Statement by the Company on the consumer's position on the complaint if an immediate investigation of the complaint is possible.
The signature of the person drawing up the report and the consumer, with the exception of oral complaint made by telephone or other electronic means of communication.
Place and time of drawing up the report.
In the case of an oral complaint made by telephone or other electronic means of communications, the unique identification number of the complaint.
Vas Megyei Békéltető Testület
Address: 9700 Szombathely, Honvéd tér 2.
Telephone number: +36 94 312 356
Fax Number: +36 94 316 936
e-mail address: pergel.bea@vmkik.hu
Legal Proceedings: The Customer is entitled to bring a claim arising from a consumer dispute before a court in civil proceedings pursuant to the provisions of Act V of 2013 on the Civil Code and Act of CXXX 2016 on Civil Procedure.
XII. WARRANTY, GUARANTEE
Claims related to a defective product can be enforced during the open period either via the webstore yama.hu or even in person at any of the premises.
If the Customer does not qualify as a consumer, i.e. the Customer places their order in the course of their commercial or professional activity, the claim due to the defect expires within 1 year of receipt of the goods.
Please check the purchased product at the time of receipt, and if the packaging is damaged, please inform the deliverer and ask for it to be recorded. If you have a quantitative or qualitative objection, please report your complaint to our customer service. Our deliverer will return the products free of charge if the products sent are accidentally different from the ones ordered, different in number, or are damaged. We will then contact you immediately and deliver the product ordered free of charge.
Liability for Material Defects
In the event of a faulty performance, the Customer may enforce a claim of liability for material defect against the Company in accordance with the regulations of the Civil Code.
The Customer may choose to claim the liability for material damage in accordance with the followings:
They may request a repair or replacement unless the performance of their choice is impossible or would involve a disproportionate additional cost to the Company compared to the performance of other claims. If they have not requested or have not been able to ask for repair or replacement, they may require a proportionate delivery of the consideration or may correct the defect at the expense of the Company or have it repaired otherwise or, as a last resort, terminate the contract.
They can also switch from the chosen method of enforcing the liability for material defect to another, but they shall bear the cost of the modification, unless it was justified or the Company gave cause.
The consumer is obliged to disclose the defect immediately after its discovery, but not later than within two months after the discovery of the defect. In addition to the two-year limitation period after the performance of the contract, the right of enforcing the liability for material defect shall no longer be exercised. In the case of used things, this deadline is one year.
The claim for enforcing the liability for material damage may be filed against the Company.
Within six months of performance, the claim for enforcing the liability for material damage shall be subject to no other than the communication of the defect, if the Customer demonstrates that the product or service has been provided by STARFOL Plusz KFT. However, after six months from the performance, the Customer is obliged to prove that the defect they discovered had already existed at the time of performance.
Product Warranty
In the event of a defective movable item (product), the Customer may, at their choice, exercise their right for enforcing the liability for material damage or a product warranty claim.
As a product warranty claim, the repair or replacement of the defective product may be requested only.
The product is defective if it does not meet the quality requirements of the product when it is placed on the market, or if it does not have the properties given in the manufacturer's description.
The consumer may claim their product warranty within two years of the product being put on the market by the manufacturer. After this deadline, this entitlement is lost.
Product warranty claims may only be exercised against the manufacturer or distributor of the movable item. The defect of the product must be proved by the consumer in case of lodging a product warranty claim.
The manufacturer (distributor) is only exempted from the liability for product warranty if they can prove that:
- the product was not manufactured or marketed in the course of their business, or
- the defect was not recognisable according to the state of the art and technology at the time of placing the product on the market
- the defect of the product results from the application of legislation or mandatory regulatory requirements.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
The liability for material damage and the product warranty claim cannot be enforced simultaneously; in parallel for the same fault. However, in the event of effective enforcement of the product warranty claim, the liability for material damage of the replaced product or the repaired part may be enforced against the manufacturer.
Guarantee
Yama.hu only distributes products with official manufacturer's guarantee and service backgrounds in Hungary.
In the event of faulty performance regarding certain products, the Company is obliged to offer guarantee under the contract or pursuant to law.
The Customer may request a repair or replacement unless the performance of their choice is impossible or would involve a disproportionate additional cost to the Company compared to the performance of other claims. If they have not requested or have not been able to ask for repair or replacement, the Customer may require a proportionate delivery of the consideration or may correct the defect at the expense of the Company or have it repaired otherwise or, as a last resort, terminate the contract.
Pursuant to Government Decree 151/2003 (IX. 22.) on Mandatory Guarantees for Certain Durable Goods, in the case of products listed in Annex 1 thereof, the guarantee period shall be at least one year.
The Company shall only be exempted from their obligation of guarantee if they prove that the cause of the defect occurred after performance.
The liability for material damage and the guarantee claim cannot be enforced simultaneously; in parallel for the same fault, otherwise the Customer shall be entitled to the rights arising from the guarantee regardless of the rights set forth above.
XIII. FINAL PROVISIONS
These General Terms and Conditions are subject to Hungarian law.
Provisions not regulated by this GTC shall be governed by Hungarian law, in particular the applicable provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services.
Buying in the Webshop requires the Customer to be aware of the technical limitations of the Internet and to accept the possibilities of error associated with the technology.
The Company is not liable for any damage caused by accessing the Website. The Customer is liable for the protection of their computer and the data contained therein.
The Company is entitled to modify the terms of this GTC at any time. Any modification shall take effect at the same time as it appears on the Website. However, the amendment to the GTC does not affect existing contracts and the terms and conditions set out therein.
The Company reserves the right to modify the provisions of the GTC upon the introduction of new or expanded products / services, and to unilaterally amend the provisions of the GTC in view of the changes in the legislation concerning the activities and terms of operation of the Company. The amendment of the GTC does not affect the existing contracts and the conditions set out therein, nor does it apply to orders placed before the publication of the amendment on the website. The consumer will be informed of any modification of the GTC upon entering the website in a pop-up window with a warning that users already registered must declare their acceptance of the modified GTC, failing which the registration will be terminated, and the consumer shall only be entitled to enter the webstore and to buy any product or service after new registration.
In the case of legal invalidity of certain points of the GTC, the rest of the contract shall remain binding. Where applicable, relevant legal provisions shall apply instead of the invalid points.
The website is protected by copyright. The copyright holder is yama.hu or the user authorised by it. Services and all content displayed on this website qualify as intellectual property, any use, copying or reproduction of which is prohibited without the permission of the holder.
Sample Statement of Withdrawal / Cancellation
(Fill out and return only in the case of withdrawal from or cancellation of the contract.)
Addressee:
Phone:
email:
I (we), the undersigned, declare to exercise my (our) right of withdrawal / cancellation in terms of the contract on the sale of the following product(s) or the provision of the following services:
Reason for return (optional):
Method of return:
Date of entering into contract / date of receipt:
Invoice and Order Number:
Name of consumer(s):
Address of consumer(s):
Phone number of consumer(s):
Email address of consumer(s):
Signature of consumer(s): (paper-based declarations only)
Done:
Signature