Terms & Conditions
GENERAL TERMS AND CONDITIONS ("GTC")
Version No.: 01
Effective as of: 28 April 2024
General Terms and Conditions
Vitaltier.eu
This document contains the General Terms and Conditions (hereinafter: the "GTC") governing the use by users (the "User") of the online store available on the website www.vitaltier.hu (the "Website"), operated by TCoDo Kft. as seller (the "Seller"), as well as the sale of products through the online store available on the Website.
Users shall include all persons who place orders through the Website, as well as those who browse the Website without placing an order.
If you have any questions regarding these GTC, the use of the Website, the products, or the purchasing process, please contact us using the contact details provided.
Purchases made through the Website presuppose that the User is familiar with and accepts the process of electronic commerce, including, in particular, its technical capabilities, limitations, and potential sources of error.
Any technical information required for the use of the Website that is not contained in these GTC is provided through other information materials available on the Website.
Please read the provisions of these GTC carefully before finalising your order and use our services only if you agree with all provisions herein and consider them binding upon you. By finalising your order, you unconditionally accept the provisions of these GTC.
By finalising your order, you acknowledge that the order creates a contractual relationship (the "Contract") with the Seller and that the provisions of these GTC shall be binding with respect to your visit to the Website and any purchases made through the Website.
Version 01 of these GTC shall remain in force from 28 April 2024 for an indefinite period until withdrawn or amended.
The Seller reserves the right to amend these GTC unilaterally, subject to prior notice to Users via the Website. The Seller shall publish notice of any amendment at least 15 days before the amendment enters into force. The amended provisions shall become applicable to the User upon the first use of the Website following their entry into force and shall apply to all subsequent orders and continued use of the Website.
These GTC shall remain in force for as long as the Seller operates the online store and, in the event of the termination of the online store, with respect to orders still pending fulfilment and for the period during which warranty and guarantee claims may be asserted.
Matters not regulated by these GTC shall be governed by the laws of Hungary in force from time to time, in particular Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, and Government Decree No. 45/2014 (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses.
If any provision of the Contract is found to be unlawful, invalid, or unenforceable under applicable Hungarian law, such provision shall be severed from the remaining provisions of the Contract, which shall remain in full force and effect. The invalidity of any provision of these GTC or the Contract shall not affect the validity of the remaining provisions of the GTC and/or the Contract, unless it is evident that the Seller or the User would not have entered into the Contract without the invalid provision.
The Seller reserves the right to modify the range and types of products available on the Website at its sole discretion. The Seller further reserves the right to discontinue operation of the Website and deny access thereto at any time without providing reasons. The Seller shall not be liable for any damages arising from changes to the operating conditions of the Website or from the discontinuation of the Website.
The rules governing the processing of Users' personal data are set out in the Privacy Policy, which is available on the homepage under the menu item "Privacy Policy".
Seller Information
Online Store Name: vitaltier.eu
Company Name: TCoDo Szolgáltató Korlátolt Felelősségű Társaság
Registered Office: 1029 Budapest, Köztársaság utca 34., Door 26, Hungary
Registering Authority: Company Registry Court of the Metropolitan Court of Budapest
Company Registration Number: 01-09-188969
Tax Number: 13839002-2-41
Chamber Membership: MKIK – FE13839002
Seller Contact Details / Customer Service
Telephone: +36 70 866 5222
E-mail: info@vitaltier.eu
Managing Director: Peter Marie Sterck
Bank Account:
Raiffeisen Bank: 12096705-00143082-00100007
Website Hosting Provider
Company Name: Shopify International Limited
Registered Office: 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
Registration Number: 560279
E-mail: privacy@shopify.com
Definitions
Product: Any movable item offered for sale on the Website.
Sale Price: The consideration payable by the Buyer for one unit of the Product.
Buyer: A User who submits an offer through the Website to purchase a Product.
Parties: The Seller and the User (including the Buyer) collectively.
Manufacturer: The commercial producer of a Product distributed through the Website.
Contract: A contract for the sale and purchase of a Product concluded between the Seller and the User through the Website and electronic communications.
Consumer: A natural person acting for purposes outside his or her independent profession, occupation, or business activity, who purchases, orders, receives, uses, or makes use of goods, or who is the recipient of commercial communications or offers relating to goods.
For the purposes of the rules governing conciliation boards, with the exception of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the term Consumer shall also include civil organisations, ecclesiastical legal entities, condominiums, and housing cooperatives acting outside their independent profession, occupation, or business activity, which purchase, order, receive, use, or make use of goods, or are recipients of commercial communications or offers relating to goods.
For the purposes of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (the "EU 2018/302 Regulation"), the term Consumer shall also include undertakings qualifying as customers under the EU 2018/302 Regulation.
Consumer Contract: A contract under which the Buyer qualifies as a Consumer.
Distance Contract: A Consumer Contract concluded within an organised distance sales scheme for the sale of Products, without the simultaneous physical presence of the parties, whereby the parties use exclusively means of distance communication (Website, telephone, e-mail) for the purpose of concluding the contract.
Online Sales Contract: A sales contract under which a business offers goods for sale through a website or other electronic means and the consumer orders the goods through that website or other electronic means.
Durable Medium: Any instrument that enables the User and the Seller to store information addressed personally to them in a manner accessible for future reference for a period adequate for the purposes of the information and that allows the unchanged reproduction of the stored information.
Consumer Dispute: Any dispute between a User qualifying as a Consumer and the Seller relating to the conclusion or performance of a sales contract, or, in the absence of a contract, any dispute relating to the quality or safety of a Product or the application of product liability rules.
1. Use of the Website
The content of the Website is accessible to all Users and may be viewed without registration. When using the Website, the User shall act in good faith and fairly and shall refrain from any conduct that may directly or indirectly infringe the rights of third parties or violate applicable laws.
The User uses the Website at his or her own risk. The Seller excludes liability for all pecuniary and non-pecuniary damages arising from or related to the use of the Website, except for damages caused intentionally or damages resulting in injury to life, physical integrity, or health.
The Website and its contents are protected by copyright. The Seller is the copyright holder of all content displayed on the Website, including, without limitation, all images, audio materials, texts, graphics, layouts, and editorial arrangements. The User shall not be entitled to use such content for any purpose (including copying, publication, reproduction, modification, adaptation, or distribution) without the Seller's prior written consent.
The Seller reserves all rights relating to every element of the Website, including in particular its search engines and other internet software, the domain name, any associated subdomains and webpages, and all online advertising spaces.
The Seller shall make every reasonable effort to ensure the continuous operation of the Website; however, the availability of the Website cannot be guaranteed and interruptions may occur due to maintenance or other reasons. The Seller shall not be liable for any loss of data resulting from the non-continuous operation of the Website.
2. Purchases through the Website
General Provisions
The language of Contracts governed by these GTC is Hungarian.
Contracts governed by these GTC shall not be deemed written contracts and shall not be filed or registered by the Seller.
Code of Conduct
The Seller does not have a code of conduct within the meaning of the Hungarian legislation prohibiting unfair commercial practices towards consumers.
Electronic Invoicing
The Seller issues electronic invoices pursuant to Section 175 of Act CXXVII of 2007 on Value Added Tax. By accepting these GTC, the Buyer expressly consents to the use of electronic invoicing.
Products Available for Purchase
Information regarding the essential characteristics of Products available for purchase on the Website is provided in the description accompanying each Product. Users may access individual product categories and Products by selecting the relevant category displayed on the Website.
By clicking on a Product, the User may view the Product image, description, and Sale Price.
The Seller warrants that each Product sold to the Buyer shall be covered by a warranty period of at least three (3) months from the date of order.
Prices
All prices are stated in Euros (EUR) and include value added tax (VAT) at the rate prescribed by applicable Hungarian law (currently 27%).
The Seller reserves the right to modify the Sale Price of Products. Such modifications shall not affect Contracts already concluded.
If the Seller has displayed a Sale Price that is clearly erroneous (for example, a Sale Price of HUF 0 or an obviously incorrect price resulting from a pricing or discount calculation error), and an order has been placed but no Contract has yet been concluded between the Parties, the Seller shall offer the Buyer the opportunity to purchase the Product at its correct price. Based on this information, the Buyer may either order the Product at the correct price or cancel the order without any adverse legal consequences.
Promotions and Discounts
The Seller may offer promotions, temporary discounts, or volume-based discounts. Information concerning any applicable promotions or discounts shall be displayed on the Website in connection with the relevant Product.
The Seller may also issue discount coupons. Detailed rules governing the use of such coupons shall be published on the Website.
Prize Draws and Promotional Games
The Seller may organise prize draws or promotional campaigns. Detailed information regarding such promotions shall be provided on the Website and through newsletters.
Review and Correction of Data Entry Errors
Prior to clicking the "Place Order" button, the User may review and amend the order details at any time during the ordering process, including the contents of the shopping cart, Buyer information, delivery address, billing address, and other order-related data. In addition, the Order Review page provides a complete overview of the entered information and allows modifications before submission.
The User is responsible for ensuring that all information provided is accurate and truthful. Order fulfilment and invoicing shall be based on the information provided by the User. The Seller shall not be liable for any consequences arising from incorrect or inaccurate information supplied by the User.
The Seller reserves the right to pass on to the User any damages or additional costs incurred as a result of incorrect data entry.
The User is also advised that if the e-mail account provided for order confirmation is unavailable (for example, due to a full mailbox), the failure to receive the confirmation e-mail may prevent the Contract from being concluded.
Packaging
The Seller shall provide Products in packaging suitable for courier delivery. No separate packaging fee shall be charged.
Estimated Delivery Date
Any estimated delivery date displayed on the Website is provided for information purposes only. The actual delivery date depends on the exact time of order placement, the time of order confirmation, the availability of the ordered Products, and the performance of the third-party delivery service provider.
Where the selected Product is available from stock, the Seller undertakes to hand over the Product to the delivery service provider within two (2) business days following confirmation of the order.
In all other cases, the expected delivery date shall be communicated by the Seller in the order confirmation.
Fulfilment Deadline
The general fulfilment period for orders is a maximum of thirty (30) days from the date on which the Seller confirms the order.
In the event of delay by the Seller, the Buyer shall be entitled to grant an additional reasonable period for performance. If the Seller fails to perform within such additional period, the Buyer shall be entitled to withdraw from the Contract.
Delivery Methods
The Seller shall fulfil orders via a third-party delivery service provider chosen by the Buyer. Logistics and fulfilment operations may also be carried out on behalf of the Seller by a third-party fulfilment partner (Webshippy - https://webshippy.com/).
GLS Courier Service
Available delivery options:
GLS ParcelShop
24/7 Parcel Locker
Further information:
https://gls-group.com/HU/hu/home/
https://gls-group.com/HU/hu/gyik/#gls_group_module_41_headline_3
The applicable delivery charge shall be displayed by the Seller on the Delivery Information page before the Buyer selects a delivery option, enabling the Buyer to make an informed choice.
MPL Courier Service
Available delivery options:
PostaPont Collection Point
24/7 Parcel Locker
Home Delivery
Further information:
https://www.posta.hu/
(under the "Shipment Arrival" section)
The applicable delivery charge shall be displayed by the Seller on the Delivery Information page before the Buyer selects a delivery option, enabling the Buyer to make an informed choice.
Payment
For purchases made through the Website, payment by bank card at the time of placing the order is available.
For the purpose of processing bank card payments, the Seller uses an online bank card acceptance system on the Website, namely SimplePay.
Online Bank Card Payment
The SimplePay Online Payment System is developed and operated by OTP Mobil Kft. OTP Mobil Kft. is a member of the OTP Group.
SimplePay Online Payment System: Customers using the service may choose SimplePay's simple and secure payment solution for online purchases. In such cases, payment is made in the usual manner through the SimplePay interface. The payment process is identical to the payment procedure offered under similar services provided by banks. Within the framework of the service, SimplePay continuously monitors transactions with a view to ensuring the security of the user, including the cardholder, and assists in preventing unexpected events.
What are the steps of the transaction?
By clicking the "Payment" button, you will be redirected to the SimplePay payment page, where you can initiate the transaction by entering your bank card details.
After entering your card details, please check that the information provided is correct.
The transaction will then be processed through the banking processing systems.
You will also receive notification of the result of the payment by e-mail, and you will be redirected back to the service provider's website.
Please note that in the case of Maestro and Visa Electron cards, the issuing bank determines whether the card may be used for online payments. If the issuing bank has enabled online use, our system is able to accept the card.
Security: During online payment, after entering the information requested in connection with the order, the customer is redirected from the online store's payment preparation page to SimplePay's secure payment page, where the card details required for payment must be entered. The merchant does not become aware of the data content of the SimplePay payment page, as it is an independent and protected website separate from the merchant.
The Seller shall not be liable if the amount payable is not credited to or recorded by the Seller due to an error attributable to the operator of the online payment page.
The Seller may withhold delivery of the order until it has verified that the full purchase price of the order has been successfully paid using the electronic payment solution. If the electronic payment solution indicates, for any reason, that the payment has failed, the Seller may request that the Buyer complete the payment.
Cash on Delivery
For orders not exceeding a gross amount of HUF 30,000, including delivery fees and other costs, the User may pay the value of the order directly upon receipt of the parcel, either in cash or by bank card to the courier. In the case of collection from a parcel locker, payment may also be made through the courier service provider's application or web interface at the time of parcel collection.
The cash-on-delivery fee shall be displayed separately to the User during the selection of the delivery method. Certain courier service providers may accept only bank card payments in the case of cash-on-delivery orders.
For orders exceeding the above amount, only payment by bank card at the time of placing the order is available.
Cancellation of Order
The User may cancel the order without any legal consequences until the order confirmation e-mail becomes accessible to the User.
In such case, please send an e-mail to our Customer Service with the details of your order, stating: "I hereby cancel the indicated order."
Sales Abroad
The Seller does not discriminate between Users using the Website within the territory of Hungary and Users using the Website outside Hungary but within the territory of the European Union.
The Seller provides delivery or collection of the ordered Goods within the territory of Hungary under the same conditions as those applicable to Hungarian Buyers.
Purchases made from outside Hungary shall also be governed by these GTC, with the proviso that a Buyer shall mean a person who is a national of a Member State or has a place of residence in a Member State, or an undertaking that has an establishment in a Member State, and who purchases goods or uses services within the European Union exclusively for end-use purposes, or acts with such intention.
A Consumer shall mean a natural person acting for purposes outside his or her trade, business, craft, or profession.
The language of communication and purchase is primarily Hungarian. The Seller is not obliged to communicate with the Buyer in the language of the Buyer's Member State.
The Seller is not obliged to comply with any non-contractual requirements relating to the relevant Product under the law of the Buyer's Member State, such as labelling or sector-specific requirements, and is not obliged to inform the Buyer of such requirements.
The Seller applies Hungarian VAT to all orders.
The Buyer may exercise his or her legal remedies in accordance with these GTC.
If the User wishes to request delivery to an address outside Hungary, the Seller may provide such delivery on the basis of individually priced delivery charges. In such cases, please contact the Seller at info@vitaltier.eu.
Procedure for Uncollected Parcels
If the Buyer or the Buyer's authorised representative fails to collect the Product ordered and handed over for delivery by the Seller, and does not notify the Seller of his or her intention to withdraw from the Contract within the statutory 14-day period without giving reasons, the Buyer breaches the Contract concluded with the Seller, having regard to the fact that, under the Contract, the Buyer is obliged to take delivery of the Products ordered and delivered to him or her.
If the delivery service provider returns the order handed over for delivery to the Seller because the Buyer failed to collect it, the Seller shall, where this can be agreed with the Buyer, attempt to arrange repeated delivery of the order. Such repeated delivery shall be subject to payment of the repeated delivery fee.
If the Buyer fails to pay the repeated delivery fee, or if the repeated delivery is also unsuccessful, or if repeated delivery cannot be agreed with the Buyer because the Buyer refuses to cooperate, the Seller shall be entitled to terminate the Contract concluded with the Buyer with immediate effect due to breach of contract and to enforce the costs of the unsuccessful outward and return delivery against the Buyer as a contractual penalty.
The Seller shall communicate the termination to the Buyer by e-mail sent to the e-mail address provided by the Buyer at the time of placing the order. The time of communication of the termination shall be the time when the termination notice becomes accessible in the Buyer's e-mail account.
The User acknowledges and expressly accepts that, if the invoice was paid by bank card, the Seller shall be entitled to deduct directly from the amount already paid its contractual penalty claim arising from the termination by way of set-off. In such case, the purchase price reduced by the amount of the contractual penalty shall be refunded to the User.
In the absence of termination, the Buyer may collect the order at the Seller's registered office at a time agreed with the Seller. Until collection, the Seller shall store the order. In such case, the Seller does not guarantee a remaining shelf life or usability period of at least three (3) months. If storage exceeds five (5) days, the Seller shall charge a storage fee of HUF 100 per day, which the Buyer shall pay upon collection.
Website Software System
For the operation of the Website, the Seller uses the software system of Shopify International Limited, having its registered office at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, registration number: 560279. The hosting of the Website is also provided by Shopify.
In order to ensure the security of the Website services, Shopify provides, as part of its services, the integrated fraud detection service of MaxMind Inc., having its registered office at 51 Pleasant Street #1020, Malden, MA 02148, U.S.A., e-mail: dpo@maxmind.com.
Within the framework of this service, customer name, address, and e-mail address data are transmitted to MaxMind so that MaxMind may prepare a risk assessment for the purpose of preventing fraudulent transactions. In this capacity, MaxMind Inc. acts as an independent controller and/or processor.
Further information on MaxMind's privacy practices is available at:
www.maxmind.com/en/privacy-policy
Newsletter Subscription
The Company regularly sends newsletters concerning news, information, and promotions relating to the products distributed on the Website to Users who subscribe to the newsletter and voluntarily provide the data required for this purpose to the Company.
Subscription to the newsletter is possible separately under the "Subscribe to our newsletter" menu item on the homepage, and at the end of the purchasing process, in the Contact Information section, by ticking the checkbox stating: "I wish to receive e-mail notifications about news and offers, and I consent to the processing of my e-mail address for this purpose."
Subscription is entirely voluntary. Failure to subscribe shall have no consequence for the data subject other than that, in the absence of subscription, he or she will not be able to receive newsletter messages from the Webshop.
Product Reviews
Users may submit product reviews through the "Reviews" section of the Website. Reviews relate to specific Products and not to the Webshop as a whole.
Submitting a review requires the User to provide their name and e-mail address and to consent to the processing of their personal data by ticking the checkbox stating:
"I have read the Privacy Notice and consent to the processing of the data provided by me for the purposes of receiving, responding to, and publicly publishing my review."
Reviews may be submitted both as a star rating on a five-star scale and as free-text comments.
The Seller may respond to reviews and publish both the review and any response on the Website. When published on the Website, the name of the person submitting the review shall be displayed alongside the review.
Submitting a review is entirely voluntary. Failure to submit a review shall have no adverse consequences for the User.
The Seller publishes reviews and opinions only from actual purchasers. For this purpose, the Seller verifies the name and e-mail address of the person submitting the review against its database of completed orders and accepts only reviews where the purchase made by the reviewer can be identified.
Accordingly, the text of the review is written by the User and is intended to reflect the User's own experiences, opinions, and evaluation of the Product.
The Seller does not guarantee the accuracy, authenticity, reliability, or truthfulness of the information contained in any review. Reviews do not reflect the opinion of the Seller, and the Seller shall not be liable for the content or factual accuracy thereof.
The User shall bear sole responsibility for the content, truthfulness, and wording of any review and shall indemnify and hold harmless the Seller and any third party affected by the review in relation thereto.
As textual reviews are inherently subjective, the Seller expressly excludes all liability and responsibility for decisions made on the basis of such reviews and for any damages, losses, or consequences arising therefrom.
The Seller manually reviews textual reviews prior to publication. If the Seller determines that a review violates applicable laws or these GTC, the review shall be rejected and shall not be published.
In such cases, the User may submit a new review taking into account the reason for rejection.
The Seller does not distinguish between positive and negative reviews and publishes both; however, the Seller reserves the right to moderate reviews.
Within the scope of moderation, the Seller may remove reviews or parts thereof that:
contain personal data relating to third parties where the lawfulness of publication has not been demonstrated;
infringe the copyright, trademark rights, or other intellectual property rights of any person;
contain unlawful information or data, data obtained without authorisation or by prohibited means, business secrets or private secrets, content prohibited by applicable law, age-restricted content, or misleading information that does not correspond to reality;
contain incitement to criminal activity, sexually explicit, violent, obscene, offensive, defamatory, or insulting content, or content that may adversely affect the intellectual, physical, or moral development of minors;
fail to respect generally accepted social standards and human dignity;
are seriously insulting, degrading, or humiliating;
promote or are capable of promoting racial, religious, or political hostility, or create an unacceptable level of fear, alarm, or anxiety.
The Seller may compile statistical data based on product reviews and may display the average rating of Products using a five-star scale.
3. Purchasing Process
Purchasing is not subject to registration; however, Users may choose to save their information by selecting the relevant checkbox during the order finalisation process. This may facilitate and accelerate future purchases, as the previously provided information may be automatically populated.
Selecting a Product
Users may select the desired Products by navigating through the product categories available on the Website.
Adding Products to the Cart
After selecting a Product, the User may add any quantity of the Product to the shopping cart by clicking the "Add to Cart" button.
The quantity of Products may be increased or decreased using the "+" and "-" buttons. A Product may be removed from the cart using the trash bin icon.
Adding a Product to the cart does not create any purchase obligation or payment obligation. The contents of the cart may be modified freely at any time until the "Order" button is clicked.
Once the User has finished adding Products to the cart and does not wish to add any further Products, the process may be continued by clicking the "Order" button.
If the User wishes to continue shopping, the User should first click the cart icon and then select the "Continue Shopping" button on the page displayed thereafter.
Reviewing and Finalising the Cart
At any time while using the Website, the User may review the contents of the cart by clicking the cart icon located in the upper-right corner.
The full contents of the cart shall be displayed, allowing the User to review the selected Products and quantities.
If changes are required, the User may select "Continue Shopping", adjust quantities using the "+" and "-" buttons, or remove a Product by clicking the trash bin icon.
The amount of the purchase price payable by the User shall also be displayed based on the contents of the cart. This amount is displayed as an estimated total, as it may subsequently be adjusted to reflect delivery charges and any applicable discounts.
Before the order can be finalised, the User must also tick the checkboxes confirming acceptance of these GTC and the Privacy Notice. Without such acceptance, the order cannot be completed.
By clicking the "Order" button, the User proceeds to the order finalisation page with the selected cart contents, where contact information may be provided, delivery preferences selected, and the preferred payment method (bank card payment or cash on delivery) chosen.
Contact Information
Within the Contact Information section, the User may provide an e-mail address and telephone number. At least one of these contact details must be provided.
Both the Seller and the delivery service provider shall use these contact details to communicate with the User.
Newsletter subscription may also be selected in this section by ticking the relevant checkbox. Ticking this checkbox is entirely optional and left to the User's discretion.
The User must also provide a first name, surname, and address details.
By ticking the "Save information for next time" checkbox, the User may save the entered data for the purpose of facilitating future purchases (registration). Ticking this checkbox is entirely optional.
Delivery Details
Within the Delivery Details section, the Buyer may provide delivery information, including surname, first name, delivery address, company name (where applicable), and delivery-related notes.
The User may also select the preferred third-party delivery service provider in this section.
Billing Information
Within the Billing Information section, the User may indicate with a single click whether the billing information is identical to the contact information.
If not, billing details may be entered separately, including surname, first name, residential address, or, in the case of a company, company name, registered office, and tax number.
Payment
In the case of payment by bank card, the User enters the bank card details on the Website, and such details shall be used through an encrypted transaction for payment of the order.
In the case of cash-on-delivery payment, the User shall make payment upon delivery.
Order Summary
The Order Review page provides a detailed summary of the order and of the total purchase price payable.
The page displays the selected Products, their Sale Prices, the quantities ordered, the calculated purchase price, and the delivery fee as separate items. The page also enables modifications prior to finalisation by allowing the User to correct or delete previously entered information by clicking the "Edit" button.
By clicking the "Payment" button, the order becomes final.
Any bank card details entered by the User shall be used through a secure transaction for payment of the purchase price. The payment process is governed by the General Terms and Conditions of SimplePay.
Before clicking the "Payment" button, Users are strongly advised to verify the accuracy of all entered information.
After clicking the "Payment" button, the order can no longer be modified. If any error is subsequently discovered, please contact our Customer Service immediately.
The information displayed on the Website does not constitute an offer by the Seller to conclude a contract. In the case of orders placed under these GTC, the User shall be deemed the offeror.
By clicking the "Payment" button, the User expressly acknowledges that his or her offer shall be deemed submitted and that the order constitutes an obligation to pay.
Invoicing and Confirmation of Receipt of Orders
Invoices relating to incoming orders and confirmations of receipt of orders are generated automatically and sent to the e-mail address provided by the Buyer.
The order receipt confirmation e-mail shall contain the information provided by the User when submitting the order, including the order number, details of the ordered Product(s), delivery information, payment method, confirmation of payment, and any comments relating to the order.
The order and the confirmation of receipt thereof shall be deemed received by the Seller and the User respectively when they become accessible to the relevant recipient.
If the confirmation of receipt of the order is not received by the User within forty-eight (48) hours of submission of the order and completion of payment, the User shall be released from the binding effect of the offer and shall not be obliged to purchase the Product.
Technical errors may occasionally occur. Therefore, if the order receipt confirmation e-mail is not received, please contact our Customer Service.
Order Processing and Order Confirmation
Incoming orders are processed on business days between 09:00 and 17:00.
Orders may also be placed outside these hours, including at night or on weekends. In such cases, processing shall take place on the next business day.
If the Seller undertakes to fulfil the order, the Seller shall confirm the order within two (2) business days and shall simultaneously inform the Buyer of the expected delivery date.
The Contract between the Parties shall be concluded upon confirmation of the order by the Seller.
If, for any reason, the Seller is unable to fulfil the order, including but not limited to stock shortages, the Seller shall reject the order within two (2) business days of receipt thereof and shall simultaneously refund any amount already paid by the User.
The Seller shall communicate the rejection of the order to the Buyer by e-mail sent to the e-mail address provided when placing the order.
4. Consumer's Right of Withdrawal without Giving Reasons under Section 20 of Government Decree No. 45/2014 (II.26.)
For the purposes of the right of withdrawal and this section, a Consumer shall mean a natural person acting outside the scope of his or her profession, independent occupation, or business activity, pursuant to Section 8:1(1)(3) of the Civil Code. Accordingly, legal persons may not exercise the right of withdrawal.
The Consumer may exercise the right of withdrawal from the time of placing the order until the expiry of the period calculated from the day on which the Product is received by the Consumer or by a third party designated by the Consumer. This period is fourteen (14) calendar days.
As the offer to conclude the contract is made by the User, prior to the conclusion of the Contract the Consumer has the right to withdraw the offer, thereby terminating the binding nature of the offer to conclude the Contract.
The Consumer may exercise the right of withdrawal by means of an unequivocal statement to this effect, or by using the withdrawal form available for download from the Website, or by using the sample form below.
Sample Withdrawal Form
(to be completed and returned only if you wish to withdraw from the Contract)
Addressee: TCoDo Kft.
E-mail: info@vitaltier.eu
Postal Address: 1029 Budapest, Köztársaság utca 34., Door 26, Hungary
Product Return Address: 1029 Budapest, Köztársaság utca 34., Door 26, Hungary
I, the undersigned, ………………………………………………………………… hereby declare that I exercise my right of withdrawal in respect of the contract for the sale and purchase of the following product(s):
Date of receipt of the Product:
Name of the Consumer:
Address of the Consumer:
Please refund the purchase price to the following bank account:
Signature of the Consumer (only if this form is submitted on paper):
Date:
The withdrawal statement shall be deemed to have been made within the deadline if the Consumer sends the statement within the above deadline. In the case of withdrawal in writing, it is sufficient to post or send the withdrawal statement within the deadline.
The Consumer bears the burden of proving that the right of withdrawal was exercised in accordance with this provision.
The Seller shall confirm receipt of the Consumer's withdrawal statement on a durable electronic medium after its receipt.
Seller's Obligations in the Event of Withdrawal by the Consumer
If the Consumer withdraws from the Contract in accordance with the above, the Seller shall reimburse all amounts paid by the Consumer as consideration, including costs incurred in connection with performance, such as the delivery fee, no later than fourteen (14) days from the date on which the Seller becomes aware of the withdrawal.
The Seller shall reimburse the amount due to the Consumer using the same payment method as that used by the Consumer. With the Consumer's express consent, the Seller may use another payment method for the reimbursement, provided that the Consumer shall not incur any additional fees as a result.
The Seller shall not be liable for any delay resulting from a bank account number provided incorrectly and/or inaccurately by the Consumer.
If the Consumer expressly chose a delivery method other than the least expensive standard delivery method, the Seller shall not be obliged to reimburse the resulting additional costs. In such case, the Seller's reimbursement obligation shall be limited to the amount of the standard delivery fee indicated.
The Seller may withhold reimbursement until the Consumer has returned the Product/order or has provided clear evidence that it has been sent back, whichever occurs first.
Consumer's Obligations in the Event of Withdrawal
If the Consumer withdraws from the Contract, the Consumer shall return the Product/order or hand it over to the Seller or to a person designated by the Seller without undue delay, but no later than fourteen (14) days from the date on which the withdrawal was communicated.
The return shall be deemed completed within the deadline if the Consumer sends the Product/order before the expiry of the deadline.
The Consumer shall bear the direct cost of returning the Product/order. The Product/order must be returned to the Seller's address. The Seller shall not accept parcels sent cash on delivery.
The Consumer may return the Product/order only if the smallest packaging unit of the Product remains intact. The Seller shall not be obliged to take back a Product whose container has been opened.
The Consumer may not exercise the right of withdrawal in the cases set out in Section 29(1) of Government Decree No. 45/2014 (II.26.), including in particular:
in respect of sealed goods which, for health protection or hygiene reasons, are not suitable for return after being opened following delivery;
in respect of goods which, by their nature, are inseparably mixed with other goods after delivery.
5. Information on Implied Warranty and Product Warranty in Consumer Contracts
This information has been prepared pursuant to the authorisation under Section 11(5) of Government Decree No. 45/2014 (II.26.), taking into account Annex 3 to Government Decree No. 45/2014 (II.26.).
This consumer information applies exclusively to Buyers qualifying as Consumers. The rules applicable to Buyers not qualifying as Consumers are set out in the following section.
Implied Warranty
In what cases may you exercise your implied warranty rights?
In the event of defective performance by TCoDo Kft., you may assert an implied warranty claim against the undertaking in accordance with the provisions of the Civil Code.
What rights do you have based on an implied warranty claim?
At your choice, you may assert the following implied warranty claims:
You may request repair or replacement, unless the fulfilment of the chosen claim is impossible or would result in disproportionate additional costs for the undertaking compared to the fulfilment of another claim.
If you did not or could not request repair or replacement, you may request a proportionate reduction of the consideration, or you may repair the defect yourself or have it repaired by another person at the undertaking's expense, or, as a last resort, withdraw from the contract.
In the case of a contract between a Consumer and an undertaking for the sale of goods qualifying as movable property, the supply of digital content, or the provision of digital services, within the framework of exercising implied warranty rights, you may not repair the defect yourself at the undertaking's expense and may not have it repaired by another person.
You may switch from one chosen implied warranty right to another; however, you shall bear the cost of such switch, unless it was justified or caused by the undertaking.
Within what deadline may you assert your implied warranty claim?
You are obliged to notify the defect without delay after discovering it, but no later than within two (2) months of discovering the defect.
Please note that you may no longer assert your implied warranty rights after the expiry of the two-year limitation period calculated from the performance of the contract. In the case of second-hand goods, this period shall be at least one (1) year.
Against whom may you assert your implied warranty claim?
You may assert your implied warranty claim against the undertaking.
What other conditions apply to the enforcement of your implied warranty rights?
Within one (1) year from performance, there are no conditions for asserting your implied warranty claim other than notifying the defect, provided that you prove that the product or service was supplied by TCoDo Kft.
After the expiry of one (1) year from performance, however, you are required to prove that the defect discovered by you already existed at the time of performance.
Product Warranty
In what cases may you exercise your product warranty rights?
In the event of a defect in a movable item (product), you may, at your choice, assert either an implied warranty claim or a product warranty claim.
What rights do you have based on a product warranty claim?
As a product warranty claim, you may request only the repair or replacement of the defective product.
In what cases is a product considered defective?
A product is defective if it does not meet the quality requirements applicable at the time it was placed on the market, or if it does not have the characteristics specified in the description provided by the manufacturer.
Within what deadline may you assert your product warranty claim?
You may assert your product warranty claim within two (2) years from the date on which the product was placed on the market by the manufacturer. After this period expires, you lose this right.
Against whom, and subject to what other conditions, may you assert your product warranty claim?
You may exercise your product warranty claim only against the manufacturer or distributor of the movable item. In the case of enforcing a product warranty claim, you must prove the defect of the product.
In what cases is the manufacturer or distributor exempt from its product warranty obligation?
The manufacturer or distributor shall be exempt from its product warranty obligation only if it can prove that:
the product was not manufactured or placed on the market within the scope of its business activity;
according to the state of scientific and technical knowledge, the defect was not detectable at the time the product was placed on the market; or
the defect of the product resulted from the application of a legal provision or mandatory authority requirement.
It is sufficient for the manufacturer or distributor to prove one ground for exemption.
Please note that you may not assert an implied warranty claim and a product warranty claim simultaneously and in parallel for the same defect. However, if your product warranty claim is successfully enforced, you may assert your implied warranty claim against the manufacturer in respect of the replaced product or repaired part.
6. Information on Implied Warranty and Product Warranty for Buyers Not Qualifying as Consumers
Implied Warranty
A Buyer not qualifying as a Consumer may, at his or her choice, assert the following implied warranty claims:
The Buyer may request repair or replacement, unless the fulfilment of the claim chosen by the Buyer is impossible or would result in disproportionate additional costs for the Seller compared to the fulfilment of another claim.
If the Buyer did not or could not request repair or replacement, the Buyer may request a proportionate reduction of the consideration, or may repair the defect himself or herself or have it repaired by another person at the Seller's expense, or, as a last resort, withdraw from the Contract.
The Buyer may switch from one chosen implied warranty right to another; however, the Buyer shall bear the cost of such switch, unless it was justified or caused by the Seller.
In the case of a Buyer not qualifying as a Consumer, the deadline for enforcing implied warranty rights is one (1) year, starting on the date of performance, that is, the date of delivery.
Product Warranty
A Buyer not qualifying as a Consumer may not assert a product warranty claim.
7. Complaint Handling
The User may communicate objections relating to the Product or to the Seller's conduct, activity, or omission directly connected with its sales activity, either orally or in writing, using the following contact details:
In person: 1029 Budapest, Köztársaság utca 34., Door 26, Hungary
By telephone: +36 70 866 5222, on business days between 09:00 and 17:00
In writing by postal mail: 1029 Budapest, Köztársaság utca 34., Door 26, Hungary
In writing by e-mail: info@vitaltier.eu
The Seller shall examine and remedy oral complaints immediately, where possible.
If the immediate remedy of an oral complaint is not possible due to the nature of the complaint, or if the User does not agree with the handling of the complaint, the Seller shall prepare minutes of the complaint and of its position in relation thereto.
In the case of an oral complaint communicated in person, the Seller shall immediately provide the User with a copy of the minutes.
In the case of an oral complaint communicated by telephone or by using another electronic communications service, the Seller shall send a copy of the minutes to the User no later than simultaneously with the substantive response.
In all other cases, the Seller shall proceed in accordance with the rules applicable to written complaints.
Unless a directly applicable legal act of the European Union provides otherwise, the Seller shall provide a written, substantive, verifiable response to written complaints within thirty (30) days of receipt and shall take measures to communicate the response.
The Seller shall assign a unique identifier to the complaint, which will facilitate later retrieval of the complaint.
If the complaint is rejected, the Seller shall inform the User of the reasons for the rejection and shall also inform the User which authority or conciliation body may be contacted, depending on the nature of the complaint.
If any consumer dispute between the Seller and the Consumer is not resolved through negotiations, the following enforcement options are available to the Consumer:
Consumer Protection Procedure
If the Consumer considers that his or her consumer rights have been infringed, the Consumer is entitled to submit a complaint to the consumer protection authority having jurisdiction according to the Consumer's place of residence.
Following examination of the complaint, the authority shall decide whether to initiate consumer protection proceedings.
First-instance consumer protection authority functions are performed by the Metropolitan and County Government Offices having jurisdiction according to the Consumer's place of residence. A list of these authorities is available at:
http://www.kormanyhivatalok.hu/
The consumer protection authority acts in cases involving violations of consumer protection legislation. Disputes relating to the conclusion, validity, legal effects, termination, breach, or consequences of breach of contracts concluded between consumers and businesses do not fall within the competence of the consumer protection authority. Such matters typically concern implied warranty claims, guarantees, or claims for damages.
For the resolution of such individual consumer disputes, the Consumer may initiate court proceedings or request proceedings before a Conciliation Board.
Court Proceedings
The Consumer is entitled to enforce claims arising from consumer disputes before a court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
Conciliation Board Proceedings
The Consumer is entitled to apply to the Conciliation Board having jurisdiction according to the Consumer's place of residence or habitual residence, or to another Conciliation Board designated by the Consumer in the application.
A prerequisite for initiating Conciliation Board proceedings is that the Consumer has attempted to resolve the dispute directly with the business concerned.
Pursuant to the Consumer Protection Act, for the purposes of Conciliation Board proceedings, a Consumer also includes a civil organisation, ecclesiastical legal entity, condominium association, or housing cooperative acting for purposes outside its independent profession or business activity, where such entity purchases, orders, receives, uses, or otherwise makes use of goods, or is the recipient of commercial communications or offers relating to goods.
The Conciliation Board is entitled to verify and examine whether consumer status exists.
The procedural rules set out below under the heading "Conciliation Board" shall apply.
The Seller makes use of Conciliation Board proceedings for the resolution of consumer disputes.
Unless the Consumer requests an in-person hearing, the Conciliation Board shall conduct the hearing online by means of electronic communication equipment providing simultaneous audio and video transmission (hereinafter: "online hearing").
The Seller is subject to a duty of cooperation in Conciliation Board proceedings. Within the framework of this obligation, the Seller shall submit a written response to the Conciliation Board within the deadline specified in the Board's request.
With the exception of proceedings falling under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the Seller shall ensure the participation of a representative authorised to conclude a settlement during the hearing.
During an online hearing, the Seller's representative authorised to conclude a settlement shall participate in the proceedings.
If the Consumer requests an in-person hearing, the Seller's representative authorised to conclude a settlement shall participate in the hearing at least through online means.
Further information on the Conciliation Boards is available at:
https://www.bekeltetes.hu
Contact Details of the Regional Conciliation Boards
Budapest Conciliation Board
Seat: Budapest
Territorial Jurisdiction: Budapest
Contact Details:
Address: 1016 Budapest, Krisztina krt. 99., 1st Floor, Office 111, Hungary
Mailing Address: 1253 Budapest, P.O. Box 10, Hungary
Telephone: +36 1 488 2131
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
Baranya County Conciliation Board
Seat: Pécs
Territorial Jurisdiction: Baranya County, Somogy County, Tolna County
Contact Details:
Address: 7625 Pécs, Majorossy I. u. 36., Hungary
Telephone: +36 72 507 154
E-mail: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Seat: Miskolc
Territorial Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Contact Details:
Address: 3525 Miskolc, Szentpáli u. 1., Hungary
Telephone:
+36 46 501 090 (cases initiated from 1 January 2024)
+36 46 501 871 (cases pending as of 1 January 2024)
E-mail: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu
Csongrád-Csanád County Conciliation Board
Seat: Szeged
Territorial Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact Details:
Address: 6721 Szeged, Párizsi krt. 8-12., Hungary
Telephone: +36 62 554 250 / 118
E-mail: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Fejér County Conciliation Board
Seat: Székesfehérvár
Territorial Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County
Contact Details:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Hungary
Telephone: +36 22 510 310
E-mail: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu
Győr-Moson-Sopron County Conciliation Board
Seat: Győr
Territorial Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Contact Details:
Address: 9021 Győr, Szent István út 10/A., Hungary
Telephone: +36 96 520 217
E-mail: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu
Hajdú-Bihar County Conciliation Board
Seat: Debrecen
Territorial Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Contact Details:
Address: 4025 Debrecen, Vörösmarty u. 13-15., Hungary
Telephone: +36 52 500 710
E-mail: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu
Pest County Conciliation Board
Seat: Budapest
Territorial Jurisdiction: Pest County
Contact Details:
Address: 1055 Budapest, Balassi Bálint u. 25., 4th Floor, Door 2, Hungary
Telephone: +36 1 792 7881