General terms and conditions of contracting

Introduction 

This document is not to be printed; it is concluded exclusively in electronic form; it is not considered a written contract; it is written in Hungarian; it does not constitute a code of conduct. For questions regarding the operation of the webshop, the ordering and delivery process, please contact us at the provided contact details. The scope of this GTC extends to legal relationships established on the Service Provider’s website. 

1. Provider's information 
The provider's name is Air-Filter Kft.
The service provider’s headquarters: 1033 Budapest, Szőlőkert köz 9.
The service provider's contact information, the regularly used electronic mailing address for communicating with customers: Company r-filter@r-filter.hu registration number: 01-09-877100
Tax number: 12986479-2-41
Name of the authority registering the entry in the register: City Court Commercial Registry
Phone number: +36 20 379 4686, +36 20 516 2565
The language of the contract: Hungarian 

2. Basic provisions
2.1. For matters not regulated in this GTC, as well as for the interpretation of this GTC, Hungarian law applies, with particular regard to the V. Act of 2013 on the Civil Code („Civil Code”) and the relevant provisions of the CVIII. Act of 2001 on Certain Questions Relating to Electronic Commerce Services, Information Society Services, and the Detailed Rules on Contracts between Consumers and Businesses (Elker. tv.), as well as the relevant provisions of Government Decree 45/2014 (II. 26). The mandatory provisions of the relevant legislation shall apply to the parties without any special provisions.
2.2. This GTC is effective as of March 23, 2017 and remains in effect until revoked. The Service Provider is entitled to unilaterally amend the GTC. The amendments will be published on the website 11 (eleven) days before their entry into force. Users accept that all regulations related to the use of the website apply automatically to them when using the website.
2.3. If a user enters the website operated by the Service Provider or reads the content thereof in any way – even if they are not a registered user of the website – they acknowledge that the terms and conditions set out in the Terms of Use are binding on them. If the User does not accept the terms and conditions, they are not entitled to view the content of the website.
2.4 The Provider reserves all rights regarding the website, any of its details and the content displayed on it, as well as the distribution of the website. The content displayed on the website or any part thereof may not be downloaded, electronically stored, processed or sold without the written consent of the Provider. 

3. Registration/purchase
3.1 By purchasing or registering on the website, the user declares that they have read and accepted the present GTC and the Data Processing Information provided on the website, and that they consent to the data processing.
3.2. During the purchase/registration process, the user is required to provide their own real data. In the event of false or otherwise linked to another person data being provided during the purchase/registration process, the resulting electronic contract shall be invalid. The Service Provider disclaims any liability if the User uses its services on behalf of another person using other person’s data.
3.3. The Service Provider shall not be liable for any delivery delays or other problems or errors attributable to the User’s incorrectly and/or inaccurately provided data.
3.4 The Service Provider shall not be liable for any damages resulting from the fact that the User forgets their password, or the password becomes accessible to unauthorized parties for any reason not attributable to the Service Provider. 

4. Range of products available for purchase
4.1. The displayed products can only be ordered online. The prices displayed for the products are in forints, and include the VAT required by law, but do not include the delivery fee. There is no separate packaging fee.
4.2. In the webshop, the Provider details the product name and description, and displays photos of the products. The images displayed on the product information sheet may differ from the actual product, and may serve as illustrations. We do not accept responsibility for any differences between the image displayed in the webshop and the actual appearance of the product.
4.3. If an introductory price is introduced, the Service Provider shall fully inform Users about the promotion and its exact duration.
4.4. If, despite all the efforts of the Service Provider, an incorrect price is displayed on the Webshop interface, especially if the “0” or “1” price displayed is significantly different from the obviously incorrect price, e.g. the product’s known, generally accepted or estimated price, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, with which the Customer may withdraw from the purchase.
4.5. In the case of a defective price, there is a noticeable discrepancy between the actual and the stated price of the product, which an average consumer must immediately notice. Under the Civil Code Act V of 2013 (Ptk.), a contract is created by the mutual and consistent expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e., there is no mutual and consistent expression of the will of the parties, in that case we cannot speak of a valid contract from which rights and obligations would arise. Based on this, an order confirmed at the defective/incorrect price shall not be considered a valid contract.

5. Order process
5.1. After registering, the user logs in to the webshop/or can start the purchase even without registration.
5.2. The user sets the number of products they wish to purchase. Minimum total order quantity ….. Shipping ……..
5.3. The user places the selected products in the shopping cart. The user can view the contents of the shopping cart at any time by clicking on the „shopping cart” icon.
5.4. If you do not wish to purchase any additional products, please check the quantity of the product you wish to purchase. By clicking the „delete – X” icon, you can delete the contents of the cart. To finalize the quantity, click the „refresh cart” icon. 5.5. The user selects the delivery address, then the delivery/payment method, which are the following:
5.5.1 Payment method: Payment in advance (by bank transfer): The user is required to transfer the amount corresponding to the value of the ordered products to the bank account stated in the confirmation email within 3 days. After the amount is credited to the Service Provider’s bank account, the user is entitled to receive the product(s) in the manner specified by them.
5.5.2. Delivery cost: Domestic orders with courier service: 0 g or more 3,200 Ft 5,000 g or more 3,400 Ft 10,000 g or more 3,600 Ft 15,000 g or more 3,900 Ft 20,000 g or more 6,000 Ft For orders over 25,000 Ft, delivery is free!
5.6. If there is an error or omission in the webshop regarding the products or prices, we reserve the right to make corrections. In such cases, after the error is identified and corrected, we will immediately inform the customer about the new data. The user can then confirm the order again or withdraw from the contract.
5.7. The total amount to be paid includes all costs based on the order summary and confirmation letter. The invoice is included in the package. The user is obliged to inspect the package before delivery with the courier and, in the event of any damage detected on the product or packaging, is obliged to request the recording of a report; in the event of damage, the user is not obliged to accept the package. Subsequent claims without a record are not accepted by the Service Provider! Packages are delivered on weekdays between 8 AM and 5 PM.
5.8. After providing the data, the User can submit their order by clicking on the ”send order” button, but they can also check the data provided again and send a comment to their order or indicate any other order-related request to us via email.
5.9 Data entry errors correction: The user can always go back to the previous phase before completing the ordering process, where he/she can correct the entered data.
5.10. The user receives a confirmation in their email after submitting the order. If the confirmation does not arrive to the user within the expected timeframe depending on the nature of the service, but no later than 48 hours from the time the order was submitted, the user is exempt from the binding offer or contractual obligation. The order and its confirmation shall be considered received by the Service Provider or the user when it becomes accessible to them. The Service Provider excludes its responsibility for the confirmation if the confirmation does not arrive on time because the user provided a wrong email address during registration or the account storage is full and the user cannot receive a message due to the storage capacity being full. 

6. Processing and fulfillment of orders
6.1. Orders are processed during business hours. In addition to the times indicated as processing orders, it is also possible to place an order after the end of working hours, which will be processed the following day. The service provider’s customer service department will always confirm by electronic means when they can fulfill your order.
6.2. The general delivery deadline is as follows: within Hungary 2-6 working days.
6.3. Under the sales contract, the Service Provider is obliged to transfer ownership of the item, the User is obliged to pay the purchase price and to take over the item. 6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of damage passes to the buyer when the buyer or a third party designated by the buyer takes possession of the item. The risk of damage passes to the buyer when the item is delivered to the carrier, provided that the carrier was not recommended by the seller.
6.5. If the seller is a business and the buyer is a consumer, in the absence of a separate agreement between the parties, the seller (as defined in this GTC: Service Provider) shall, without delay after the conclusion of the contract, but no later than thirty days, be obliged to deliver the item to the buyer (User).
6.6. In the event of a delay by the Service Provider, the User is entitled to set a grace period. If the seller fails to fulfill within the grace period, the buyer is entitled to withdraw from the contract.
6.7. Without a specified cooling-off period, the User is entitled to withdraw from the contract if a) the Service Provider has refused to perform the contract; or b) the contract should have been performed within the specified period of performance – and not at any other time – in accordance with the agreement between the parties or according to the recognizable purpose of the service.
6.8. If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available, it is obliged to inform the User thereof immediately and to immediately refund the amount paid by the User. 

7. Right of withdrawal
7.1. The consumer may exercise their right of withdrawal during the period between the day the contract is concluded and the day the product is received.
7.2. The cost of returning the product must be borne by the consumer; the company did not assume the cost of this.
7.3. The consumer also cannot exercise their right of withdrawal
a.) regarding a perishable or of short-term quality-preserving product; 
b.) in the case of a product packaged in a sealed package that cannot be returned after its opening for health or hygiene reasons (e.g., wines, other beverages). 
c.) in the case of a product whose nature makes it inseparable from other products after delivery;
d.) in the case of a business contract where the business contacts the consumer at the consumer’s express request to carry out urgent repair or maintenance work.
7.4. After the product has been returned/the withdrawal declaration has been received, the Service Provider shall immediately, but no later than 14 days, refund the amount paid to the Consumer in accordance with the above laws, including the delivery fee.
7.5. During the refund, we will use a payment method that corresponds to the payment method used during the original transaction, unless the Consumer explicitly consents to using another payment method; as a result of the application of this refund method, the Consumer will not be subject to any additional costs.
7.6. If the Consumer wishes to exercise their right of withdrawal, they may do so by writing to the Service Provider at one of its contact points in writing or by phone. When writing by post, the date of delivery will be taken into account; when writing by phone, the telephone number will be used. For postal delivery, the Service Provider accepts the shipment as a registered letter or package. The Consumer may return the ordered product to the Service Provider by post or using a courier service.
7.7. The consumer must pay special attention to the proper use of the product; damage resulting from improper use shall be borne by the consumer.
7.8. Government Regulation 45/2014 (II.26) on the detailed rules for contracts between consumers and businesses can be found here.
7.9. Directive 2011/83/EU of the European Parliament and of the Council is available here.
7.10. You may also contact the Service Provider with your other consumer complaint using the contact details provided in this GTC.
7.11. The right of withdrawal only applies to Users who are considered Consumers under the Civil Code.
7.12. The right of withdrawal does not apply to the entrepreneur, i.e. to a person acting within the scope of their profession, independent occupation or business activity. 

8. Warranty, Defective performance 
The obligated party is in default if, at the time of performance, the service does not meet the quality requirements set out in the contract or in the law. The obligated party is not in default if the entitled party knew of the defect at the time of entering into the contract, or should have known of the defect at the time of entering into the contract.
8.1. In what cases can the User exercise their right of product warranty? In the case of a defect in a movable item (product), the User may, at their discretion, assert a warranty for accessories or a warranty for the product.
8.2. What rights do Users have under the product warranty? As a product warranty claim, the User may only request the rectification or replacement of the defective product.
8.3. In what cases is the product considered defective? The product is defective if it does not meet the quality requirements in force at the time of its introduction to the market, or if it does not possess the characteristics described in the manufacturer's specifications.
8.4. When can the User enforce their product warranty claim? The User can enforce their product warranty claim within two years from the product’s release by the manufacturer. After this deadline, they lose their right to do so.
8.5. Against whom and under what other conditions can you enforce your product warranty claim? You can only enforce your product warranty claim against the manufacturer or distributor of the movable item. In the case of enforcing your product warranty claim, the user must prove the defect of the product.
8.6. In what cases is the manufacturer (distributor) exempt from the product liability obligation? The manufacturer (distributor) is only exempt from the product liability obligation if they can prove that: – the product was manufactured or placed on the market not in the course of their business activities, or – the defect was not recognizable at the time of placing the product on the market according to the state of science and technology, or – the defect of the product arises from the application of a statute or mandatory official regulation. The manufacturer (distributor) is only required to provide sufficient evidence to justify the exemption. I would like to point out that a product liability and product warranty claim cannot be asserted simultaneously and in parallel. However, if the claim for a replaced product or a repaired part is successful, they may assert their product warranty claim against the manufacturer.
8.7. The Provider is not liable for damages resulting from improper or careless handling after the transfer of the risk of damage, excessive use, or from influences other than those specified, or from the non-normal use of the products. 

9. Procedure in case of warranty claim
9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the detriment of the consumer.
9.2. The consumer’s duty is to prove the conclusion of the contract (with an invoice or even just a receipt).
9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (Civil Code, Art. 6:166).
9.4. The Service Provider is obliged to keep a record of the warranty or guarantee claim reported by the consumer to it.
9.5. The copy of the record must be made available to the consumer immediately and in a verifiable manner.
9.6. If the Service Provider is unable to declare its position regarding the possibility of fulfilling the consumer’s warranty or guarantee claim upon its notification, it shall, within five working days, in a verifiable manner, notify the consumer of its position – including the reason for the rejection in the event of rejection and the possibility of approaching the conciliation body.
9.7. The Service Provider is obliged to keep the minutes for three years from the date of their entry into force and to present them upon request of the supervisory authority.
9.8. The Service Provider must strive to complete the repair or replacement within a maximum of fifteen days. 

10. Miscellaneous Provisions
10.1. The Service Provider is entitled to engage a collaborator to assist in fulfilling its obligations. It shall bear full responsibility for its unlawful conduct, as if it had committed the unlawful conduct itself.
10.2 If any part of this GTC becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality or enforceability of the remaining parts.
10.3. If the Service Provider does not exercise its right under the GTC, the failure to exercise that right shall not be considered a waiver of that right. Any waiver of a right shall only be valid upon a specific written declaration to that effect. The fact that the Service Provider does not strictly adhere to an essential term or provision of the GTC on a single occasion does not mean that it waives its obligation to adhere strictly to that term or provision in the future.
10.4. The provider and the user attempt to resolve their contentious issues amicably. 

11. Procedure for handling complaints
11.1. Our goal is to fulfill all orders with appropriate quality and to the complete satisfaction of the customer. If a User nevertheless has any complaints regarding the contract or its execution, they may also submit their complaint by phone, e-mail, or letter.
11.2. The Service Provider shall immediately examine the verbal complaint and, if necessary, remedy it. If the buyer does not agree with the handling of the complaint or the immediate examination of the complaint is not possible, the Service Provider shall immediately record the complaint and its position regarding it and hand over a copy of the record to the buyer.
11.3. The Service Provider shall reply in writing to the written complaint within 30 days. It shall state its position regarding the rejection of the complaint and provide a copy of the record of the complaint. The Service Provider shall retain the record of the complaint and the copy of the response for five years and shall present it to the supervisory authorities upon request.
11.4. We inform you that in the event of the rejection of your complaint, you may initiate the proceedings of an administrative or conciliatory body regarding your complaint, as follows:
11.5. The Consumer may file a complaint with the consumer protection authority: According to Government Decree 387/2016 (XII. 2.), on the designation of the consumer protection authority, in administrative matters at first instance the district office or the district office at the county seat shall act, and in second instance with national jurisdiction the Pest County Government Office shall act. The contact details of the district offices are: http://jarasinfo.gov.hu
11.6. In the event of a complaint by the Consumer, they have the option of approaching a conciliation body.