General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as "GTC") contain the rights and obligations of Gammo Europe Ltd. (hereinafter referred to as "Service Provider") and of the Users - collectively "Parties" - using the services provided through its website http://www.gammo.eu and its subdomains.
These GTC contain provisions applicable to customers who are consumers under the Civil Code and customers who are not consumers (business customers, buyers), therefore we ask the User to take into account only the provisions applicable to him. When placing an order and making a purchase, only a natural person acting outside the scope of his/her profession, self-employment or business activity (when purchasing the product) is considered a consumer, which also means that the product is purchased for private use only (for household use and not for use in a catering or other business establishment or business).
We will also provide our non-consumer customers with the rights under the applicable law, but we will not provide them with the rights that we provide to our consumer customers under the non-derogable legal provisions governing consumer contracts. Gammo Europe Ltd. reserves the right to take all legal actions against a customer who, while claiming to be a consumer at the time of ordering and purchasing, has in fact purchased the Service Provider's product for commercial purposes and not for private use, and who later wishes to claim consumer rights from the Service Provider. We serve our customers who are consumers for orders of products with a gross maximum value of EUR 1,250.
These GTC are not filed, are concluded in electronic form only, do not constitute a written contract, are written in Hungarian and do not refer to a code of conduct. In case of any questions regarding the operation of the webshop, the ordering and delivery process, please contact us at the contact details provided.
Regarding consumer contracts set up between EU Member State consumers who are not Hungarian please take into consideration that in accordance with EU laws ( EC Regulation No 593/2008 referred to as Rome I and according to EC Regulation No 1215/2012 referred to as Brussels I ) the law of the consumer’s member state shall apply and those courts shall have jurisdiction in case of dispute arising between the Parties.
These GTC are permanently available, can be saved and downloaded (printed) from the following website: https://gammo.eu/customer-information/toc
1. DATA OF THE SERVICE PROVIDER
The name of the service provider is Gammo Europe Ltd.
The service provider's registered office (and the place of complaint handling): H-1119 Budapest, Hadak útja 11-27.
Contact details of the service provider, regularly used e-mail address for contacting customers: firstname.lastname@example.org, telephone number: +36-70-884-3760
Company registration number: 01-09-281228
Name of the registering authority: Budapest Környéki Törvényszék Cégbírósága
Tax number: 23925148-2-43
Telephone number: 06-70-603-9099
Registration number: NAIH-90313/2015.
Language of the contract: Hungarian
Name, address, e-mail address of the hosting provider: AB PLUSZ Bt. (address: 2049 Diósd, IV. Béla király utca 48., company registration number: 13-06-068037, Tax number 21586091-2-13
2. BASIC PROVISIONS
2.1.The issues not regulated in these GTC and the interpretation of these shall be governed by Hungarian law, in particular with regard to Act V of 2013 on the Civil Code ("Civil Code") and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Elker. tv.), as well as the detailed rules of contracts between consumers and businesses (Decree 45/2014 (II. 26.) and the Hungarian Government Decree 373/2021 (VI.30. ) of the Government of Hungary. The binding provisions of the relevant legislation shall apply to the Parties without any specific stipulation.
2.2 Within the limits permitted by law, the Service Provider is entitled to unilaterally amend these GTC for justified and unforeseeable reasons in the future. The amendments shall be published by the Service Provider on its websites 5 (five) days before they enter into force, but shall not affect contracts already concluded.
2.3. The Service Provider is not obliged to conclude a contract with a User who, despite the Service Provider's knowledge, declares himself/herself to be a consumer when placing an order. The same shall apply if the User wishes to purchase a product specifically designed and manufactured for use in catering establishments - not used in private households - not as a business but as a consumer.
2.4 The Service Provider reserves all rights in the webshop website, any part of it and the content displayed on it, as well as the distribution of the website. It is forbidden to copy, download, electronically store, process and sell product photos, product descriptions/texts or any part thereof displayed on the webshop without the written consent of the Service Provider.
3.2. The User is obliged to provide his/her real data during the purchase/registration. In the event of false data or data that can be linked to another person provided during the purchase/registration, the resulting electronic contract shall be null and void. To the extent permitted by law, the Service Provider excludes its liability if the User uses its services on behalf of another person, using the data of another person.
3.3.The Service Provider shall not be liable for any delivery delays or other problems or errors caused by incorrect and/or inaccurate data provided by the User.
3.4.The Service Provider shall not be liable for any damages resulting from the User forgetting his password or if it becomes available to unauthorized persons for any reason beyond the control of the Service Provider.
4. RANGE OF PRODUCTS AND SERVICES THAT CAN BE PURCHASED
4.1 The prices displayed for the products include all packaging costs but do not include the cost of shipping (described in later sections). All prices are in EUR currency and include VAT valid for consumers as required by law, however, due to Hungarian tax regulations for cross-country sales the value of VAT may differ in case of Customers who are not consumers.
4.1.1. Applied VAT rate for consumers: equals to the rate of the country of the Customer’s invoicing address.
4.1.2. Applied VAT rate for Customers who are not consumers and do not possess a valid EU TAX number: Hungarian VAT rate (presently 27%)
4.1.3. Applied VAT rate for Customers who are not consumers and possess a valid EU TAX number: VAT free (0%).
4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and shall display a photo of the product. The manufacturers are constantly improving their products, so the images displayed on the product data sheets are for illustration purposes only and may differ slightly from the actual product (e.g. a button is in a different place, different color). We are not responsible for the aesthetic differences between the image displayed in the webshop and the actual appearance of the product (these differences do not affect technical parameters).
4.3.In the exceptionally rare cases when, after placing the order or transferring the purchase price, it is discovered that the production of the ordered product has ceased or its delivery within the time limit set out in these GTC is not possible for reasons beyond the control of the Service Provider, we will of course contact the User immediately to discuss the matter and, at his/her option, refund the amount paid. We exclude any further liability towards our customers who are not consumers.
4.4 If a promotional price is introduced, the Service Provider shall fully inform Users about the promotion and its exact duration.
4.5 If the Service Provider, despite all due care and diligence, places an incorrect price on the Webshop, in particular with regard to obviously incorrect, e.g. If the price of the product on the Webshop interface is obviously different from the well-known, generally accepted or estimated price of the product, or if it is "0" EUR or "1" EUR due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, even if the system has sent a confirmation of the order, but may offer the correct price, in the knowledge of which the Customer either accepts the correct price or may withdraw from the purchase.
5. ORDERING PROCEDURE
5.1. After registration, the User logs into the webshop and/or can start shopping without registration.
5.2. User sets the number of products to buy.
5.3. User adds the selected products to the shopping cart. The User can view the contents of the basket at any time by clicking on the "basket" icon.
5.4. If the User wishes to add more products to the shopping cart, he/she selects the "continue shopping" button. If he/she does not wish to purchase any further products, he/she can check the number of items willing to purchase. User clicks on the "delete - X" icon to delete the contents of the basket. To finalize the quantity, the user clicks on the "update/update basket" icon.
5.5. User selects the delivery address and then the delivery/payment method, which may one or more of the following types (restrictions may apply depending on delivery address):
5.5.1 Payment on delivery: if the ordered product is delivered by courier service, the User has the option to pay the total amount of the order to the courier in cash (or by credit card) upon receipt of the ordered product(s).
5.5.3. Payment in advance by bank transfer: the User transfers the purchase price to the Service Provider's bank account, after which the ordered products can be picked up or delivered.
5.5.4. Online payment by credit card through the BARION system: the online card payment interface is provided by the BARION system. The merchant does not receive or store the credit card details. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, registration number H-EN-I-1064/2013.
5.6. Regarding shipping cost, only the gross weight of the products matters and this cost is automatically calculated by the website before finalizing the order.
5.7. For details of shipping costs, please refer to the relevant delivery terms and conditions on our dedicated website: https://gammo.eu/customer-information/shipping-costs
5.8. The delivery of your parcels will be carried out by our trusted delivery partners between 8 am and 5 pm. If you are not at home during this period, it is advisable to define a work address as a delivery address. The courier service will attempt to deliver the parcels once and the delivery costs for parcels not picked up will be charged to the customer. You should only order the products you want if you can pay the courier for them on receipt of the parcel. In the case of returned parcels that have not been accepted, we will charge the return delivery fee to the customer, and we will only be able to resend the parcel if the parcel is paid in advance.
5.9. If an error or deficiency in the products or prices in the webshop occurs, we reserve the right to make corrections. In such a case, we will inform the customer of the new information immediately after the error has been detected or corrected. The buyer may then confirm the order once again or either Party may withdraw from the contract.
5.10. The final amount to be paid is indicated in the order summary and in the confirmation letter. The invoice and the guarantee documentation are included in the package, and information on the right of withdrawal without giving reasons within 14 days for users who are consumers is given below in these GTC. Users can also access these GTC from the link provided in the e-mail sent to them after purchase. We draw the attention of our Customers to the importance of keeping the issued and provided accounting voucher (invoice), because in case of its loss, we undertake to re-issue it (provide a copy of the invoice) only for an administrative fee: 10 EUR + VAT (plus shipping cost if paper version is required).
5.11. Parcels are delivered on working days between 8am and 5pm. Users being Business Customers and also consumers are obliged to check - without delay - that the quality and quantity of the delivered product is appropriate, and therefore the Customer is obliged to inspect the package and its contents at the time of delivery. In the event of seriously damaged packaging, the Customer shall refuse to accept the parcel and a report (minutes) shall be prepared by the courier and the User shall notify the Service Provider of the incident using any contact details. The Service Provider will not accept any subsequent, undocumented (without record) complaints from Business Customers in this context under any circumstances. The Customer shall also inform us immediately if the courier company has refused to take a record. Our Business Customers must notify us of such incidents in writing.
5.12. After entering the data, the User can click on the "finalize" button to send his order, but before that he/she can check the data once again, or send a comment with his order, or send us an e-mail with any other request related to the order. By clicking on the order button, the User becomes liable to pay, and a special notice to this effect on the website can be seen.
5.13. Correction of data entry errors: during the ordering process, it is always possible to view or modify the contents of the shopping basket, if the basket does not contain the desired quantity the User can enter the number of items in the data entry field in the quantity column and press the "update/update basket" button. If the User wishes to delete the products in the shopping basket, he/she clicks on the "X" "delete" button. During the ordering process, the User will always have the possibility to correct/delete the data entered.
5.14. User will receive an e-mail confirmation after sending the order. If this confirmation is not received by the User within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the User's order has been sent, the User shall be released from the obligation to make an offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User at the time when it is made available to the latter. The Service Provider shall not be liable for the confirmation if the confirmation is not received in time because the User has entered an incorrect e-mail address during registration or because the storage space of his account is full and he is unable to receive the message.
5.15. The User acknowledges that the confirmation referred to in the previous point is only an automatic confirmation and does not constitute a contract. The contract shall be concluded when the Service Provider notifies the User by e-mail of the acceptance of the order, its details and its expected fulfillment following the automatic confirmation referred to in the previous point.
5.16. The Service Provider does not undertake to fulfill any order placed by the Consumer containing products with a gross value exceeding EUR 1,250 and therefore no such order will be confirmed.
6. PROCESSING AND FULFILLMENT OF ORDERS
6.1. Orders are processed during opening hours. It is also possible to place an order outside the times indicated as order processing times, if it is placed after the end of working hours, it will be processed the following day. In all cases, the Service Provider's customer service will confirm electronically when it will be able to process your order.
6.2. Unless otherwise specified in the confirmation e-mail, the Service Provider will normally deliver the ordered goods(s) within 3 weeks of the confirmation (or, in the case of goods on order, of receipt of the deposit), but this does not constitute a contractual delivery period.
6.3. If the buyer is a consumer, unless otherwise agreed by the Parties, the Service Provider is obliged to make the goods available to the buyer (User) without delay after the conclusion of the contract, but within sixty days at the latest.
6.4. In the event of delay by the Service Provider, the User is entitled to set a grace period (additional deadline). If the Service Provider does not perform within the grace period, the Customer shall be entitled to withdraw from the contract.
6.5. The User shall have the right to withdraw from the contract without notice if a) the Service Provider has refused to perform the contract; or b) the contract should have been performed at the specified time of performance, and not at any other time, by agreement of the Parties or due to the recognisable purpose of the service.
6.6. If the Service Provider does not fulfill its contractual obligation because the product specified in the contract is not available, the Service Provider shall immediately inform the User thereof and immediately refund the amount paid by the User.
6.7. On the basis of the sales contract, the Service Provider is obliged to transfer the property rights of the item, the User is obliged to pay the purchase price and take delivery of the item. Given that the seller undertakes to deliver the goods to the buyer, the risk of loss or damage passes to the buyer when the buyer or a third party designated by him takes possession of the goods. If, however, the carrier has been engaged by the buyer, the risk passes to the buyer when the goods are handed over to the carrier, provided that the carrier has not been recommended by the seller.
6.8. If the Service Provider and the User have not agreed on the time of performance, the Service Provider shall be obliged to perform the contract within the time or date specified in the User's request, or in the absence of a request, within sixty days of the receipt of the order by the Service Provider at the latest.
6.9. If the Service Provider does not fulfill its contractual obligation because the product specified in the contract is not available, it shall immediately inform the User thereof and refund the amount paid by the User without delay, but no later than within thirty days.
6.10. During the performance of the contracts (and also when exercising the right of withdrawal), the Consumer Customer is also obliged to act in good faith and to cooperate with the Service Provider. Accordingly, if, despite the Supplier's best efforts, the Consumer Customer receives a product from the courier which is crushed and in a torn package at the time of delivery, he/she shall refuse to take delivery of the product (and should require the courier service to take record of such circumstance) and shall notify the Supplier.
7. THE RIGHT OF WITHDRAWAL OF A CONSUMER BUYER
7.1. Pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer may withdraw from the contract within 14 days of receipt of the ordered product without giving any reason and return the ordered product. However, in such a case the cost of returning the product must be borne by the consumer, as the Service Provider has not undertaken to bear this cost.
7.2. The period for exercising the right of withdrawal expires 14 days after the date on which the Consumer or a third party other than the carrier and indicated by the Consumer takes delivery of the goods, but the Consumer may exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of delivery of the goods.
7.3. If the Consumer wishes to exercise the right of withdrawal, a declaration of his/her intention to withdraw shall be sent to the Service Provider using one of the contact details provided.
7.4. If the Consumer wishes to exercise his/her right of withdrawal, he/she may do so in writing at one of the Service Provider's contact details (either by using the model withdrawal form below, in writing), or by telephone or in person. In the case of written notification by post, the date of posting will be taken into account, and in the case of notification by telephone, the date of notification by telephone. If you notify us in writing by post, we will take into account the date of posting, and if you notify us by telephone, we will take into account the date of your telephone call. In case of notification by post, the Service Provider will accept notification as registered mail or parcel. The Consumer may return the ordered product to the Service Provider by post or by courier at his own expense, or he/she may ask the Service Provider to send a courier, but in this case the delivery charge calculated on the basis of the weight of the product will be 150% of the delivery charge.
7.5. We ask our Customers who are Consumers to package the product properly and carefully when returning it for withdrawal. In case of withdrawal within 14 days of purchase of a product with a purchase price exceeding EUR 250, we ask the Consumer to take a photograph of the product on all sides of the package prior and after packaging, showing the condition of the product and the quality of the packaging. Please keep this photograph until the refund of the purchase price to the Consumer, so that in the event of any damage occurring when the product is returned to us, the condition of the product before return can be properly proven. We will also inform the Consumer of this obligation by e-mail when he/she notifies us of the withdrawal intention. Gammo Europe Ltd. shall not be liable for any product damage resulting from improper packaging of the product.
7.6. The right of withdrawal can also be exercised using the following model declaration:
Model withdrawal declaration:
Addressee:Gammo Europe Ltd. 1119 Budapest, Hadak útja 11-27.
I, the undersigned, declare that I exercise my right of withdrawal in connection with the contract for the purchase of the following product(s):
Order number: [to be completed as appropriate]
Designation of the product: [to be completed as appropriate]
Date of conclusion of contract: [to be completed as appropriate]
Name(s) of consumer(s): [to be completed as appropriate]
Address of consumer(s): [to be completed as appropriate]
Signature of the consumer(s) (for paper message only): [to be completed as appropriate]
Date: [to be completed as appropriate]
7.7. In the event of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the product.
7.8. The Service Provider shall refund the amount originally paid as the purchase price to the Consumer, including the delivery charges, immediately upon receipt of the product/cancellation notice in accordance with the applicable legislation, but within 14 days at the latest. However, the cost of the return (incurred in connection with the exercise of the right of withdrawal without justification) shall be borne by the Consumer.
7.9. Refunds will be made using the same method of payment as the original transaction, unless the Consumer expressly agrees to a different method of payment - no additional charges will be incurred by the Consumer as a result of using this method of refund. Refunds for cash on delivery will only be made by bank transfer.
7.10. The Consumer shall return the goods or deliver them to the Service Provider's address without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider.
7.11. In the case of a written withdrawal, it is sufficient for the consumer to send the withdrawal notice within 14 days. The Consumer shall be deemed to have complied with the time limit if he sends his/her notice of withdrawal to the Supplier prior the expiry of the 14-day period and at the same time returns the product to the Supplier, at the latest within 14 days of the date of the notice of withdrawal. The return shall be considered to have been completed in time if the consumer returns the goods before the expiry of the time limit.
7.12. The Service Provider shall not be obliged to reimburse the Consumer for any additional costs resulting from the Consumer's choice of a mode of transport other than the cheapest usual mode of transport offered by the Service Provider.
7.13. The refund may be withheld by the Supplier until the goods(s) have been returned or the Consumer has provided proof that they have been returned, whichever is the earlier.
7.14. Upon receipt of the package by our company, the opening of the package and the examination of the returned product will be recorded by video camera. This is necessary to avoid any possible misunderstandings at a later stage (for example, that the returned product was damaged or incomplete).
7.15. The consumer is liable only for depreciation resulting from usage going beyond necessary to establish the nature, characteristics and functioning of the product.
7.16. The consumer's right of withdrawal is provided for in Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses, available here. Directive 2011/83/EU of the European Parliament and of the Council is available here.
7.1.7 The Consumer may also contact the Service Provider with other complaints using the contact details provided in these GTC.
7.18. The right to withdraw without giving reasons, as indicated above, is only available to Users who are consumers under the Civil Code. This right of withdrawal can not be exercised by business entities i.e. persons acting within their profession, independent occupation or business activity (and who have purchased the product regarding to such circumstance).
7.19. The consumer can exercise his right of withdrawal within the time limit if he/she sends the notice of withdrawal prior the expiration of the 14th day after receipt of the product. In case of written withdrawal, it is sufficient to send only the withdrawal notice within 14 days. In the case of notification by post, the date of posting will be taken into account, in the case of notification by e-mail, the date of sending the e-mail or fax will be taken into account.
7.20. In case of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of the notification of withdrawal. The deadline is deemed to have been met if the goods are sent prior the 14-day deadline terminates (i.e. they do not have to arrive within 14 days). The consumer bears the costs incurred in returning the goods as a result of exercising the right of withdrawal.
7.21. However, the Service Provider is not obliged to reimburse the Consumer for any additional costs resulting from the choice of a mode of transport other than the cheapest usual mode of transport offered by the Service Provider. The Consumer may also exercise his/her right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.
7.22. In the case of a sale of several products, if each product is delivered at a different time, the customer may exercise the right of withdrawal within 14 days of the last product delivered or, in the case of a sale of several lots or items, of the last lot or item delivered.
8. FAULTY PERFORMANCE
8.1. The Customer can refer to a warranty or guarantee rights only in case of defective (faulty) performance. The Service Provider’s performance is faulty if the service does not meet the quality requirements defined by the contract or by law at the time of performance. Please note that the instructions for the handling of the products (Instruction Manuals) are deemed to be part of the contract concluded, in particular the provisions relating to the proper and professional usage of the product. The obligor is not in breach of the contract if the beneficiary knew of the defect at the time of the conclusion of the contract, or should have known of the defect at the time of the conclusion of the contract, or if the cause of the defect or the defect was not due to improper use or installation or maintenance (or, after the risk of damage has passed to the beneficiary, force majeure).
8.2. Information on the warranty rights for our customers who are consumers (based on the model information defined by the Government Decree 45/2014).
8.2.1. In which cases can you exercise your right to a warranty?: In the event of defective performance by the Service Provider, the User may claim a warranty claim against the Service Provider in accordance with the rules of the Civil Code.
8.2.2 The User may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible to be fulfilled or would involve disproportionate additional costs for the company compared to the fulfillment of another claim. If the repair or replacement was not or could not be requested, he/she may request a proportionate price reduction or, as a last resort, withdraw from the contract. The Consumer may convert his/her selected warranty right to a different warranty claim, but the cost of the change shall be borne by the User, unless the change was justified or the undertaking gave a reason for it.
8.2.3. The User must notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, please note that consumer customers may not claim for any damages beyond the two-year limitation period from the date of performance of the contract.
8.2.4. The Consumer User can exercise a warranty claim against the Service Provider.
8.2.5. Within one year from the date of performance, there are no other conditions for the exercise of the right to claim for defects other than the notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after one year from the date of performance, the User shall be obliged to prove that the defect discovered by the User existed already at the time of performance.
8.3. Product warranty information for our customers who are consumers (based on the model information defined in the Government Regulation 45/2014)
8.3.1. In the event of a defect in a movable item (product), the User may, at his/her option, claim either a warranty right or a product warranty.
8.3.2. Under the product warranty User has the right to claim repairing or (if reparation is impossible:) replacement of the product.
8.3.3. A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
8.3.4. The User has two years from the date the product is placed on the market by the manufacturer to make a product warranty claim. After this time limit, the right to claim is lost.
8.3.5. The User can only assert a product warranty claim against the manufacturer or Service Provider of the movable item. In the case of a product warranty claim, the Consumer User must prove that the product is defective.
8.3.6. The manufacturer (Service Provider) is only exempted from his product warranty obligation if he can prove that the product was not manufactured or placed on the market in the course of his business activity, or that the defect was not detectable according to the state of science and technology at the time of placing the product on the market, or that the defect in the product results from the application of a legal or regulatory provision. The manufacturer (Service Provider) need only prove one reason for exemption.
8.3.7. The User cannot claim both the warranty rights and the product warranty rights for the same defect at the same time. However, in the case of a successful product warranty claim, the manufacturer may be held liable for the replacement product or the repaired part.
8.4. Guarantee: we ensure different guarantees for our products offered on our website, accordingly the guarantee period for products in the online shop varies from 12 up to 84 months, depending on whether the customer is a consumer and depending on the conditions defined by the manufacturer. We always provide the mandatory (statutory) guarantee to consumers in accordance with our applicable Hungarian legal obligations, as set out in the guarantee documentation and as described below (irrespective of whether any manufacturer's guarantee is granted or not). We provide our non-consumer customers with a one-year warranty under the Civil Code, besides, they can purchase an additional one-year Service Support as described in the Service Terms and Conditions and below (in section 11) (however, we do not provide obligatory guarantee for our non-consumer customers).
9. THE GUARANTEE FOR OUR CUSTOMERS WHO ARE CONSUMERS
The rules on mandatory guarantees are set out below, based on the model information defined by law. We only provide a mandatory guarantee to our customers who are consumers.
9.1. In the case of defective performance, the Service Provider is obliged to provide obligatory guarantee if the user is a consumer, pursuant to the Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain consumer durables.
9.2. Consumers’ rights and time limits under the mandatory guarantee
9.2.1. For consumer contracts concluded as of 01 January 2021, the mandatory guarantee period is one year for products with a sales price of EUR 25 and above but not exceeding EUR 250 besides two years for products with a sales price exceeding EUR 250 but not exceeding EUR 625 and three years for goods with a sales price exceeding EUR 625. The mandatory guarantee period shall start on the date of delivery of the consumer goods to the consumer or, if the installation is carried out by the Service Provider or its agent, on the date of installation, but if the installation of the product occurs later than six months after the delivery, the period shall start on the date of delivery.
9.2.2. On the basis of his/her mandatory guarantee claim, the consumer may choose to request repair or replacement, unless the chosen claim is impossible to be fulfilled or its fulfillment would result in disproportionate additional costs for the debtor compared to the fulfillment of another claim, taking into account the value of the service in its original state, the seriousness of the breach of contract and the damage to the consumer's interests, caused by the fulfillment of the claim; or the consumer may require a proportionate price reduction or withdraw from the contract if the person liable has not undertaken to repair or replace the goods, cannot fulfill his obligation within a period of 15 days, if possible, or if the consumer has lost interest in the repair or replacement.
9.2.3 No withdrawal can be exercised due to an insignificant defect.
9.2.4. The repair or replacement must be carried out within a reasonable period of time, taking the characteristics of the goods and the intended purpose of the goods into consideration, and without prejudice to the interests of the consumer, and the Service Provider will endeavour to carry out the repair or replacement within a maximum of 15 days, or, if the repair or replacement takes longer than 15 days, will inform the consumer of the expected duration of the repair or replacement. During the repair, only a newly manufactured part (component) may be installed into the product.
9.3. The mandatory guarantee period for the product (1-2-3 years, depending on the selling price) is time-barred, but if the product is repaired, the guarantee period is extended from the date of delivery for repair by the time during which the consumer could not use the product as intended because of the defect.
9.4. If, at the time of repairing the equipment for the first time, the Service Provider establishes that it cannot be repaired, the Service Provider shall, unless the consumer has provided otherwise, replace the equipment within eight days or, if replacement is not possible, refund the purchase price of the equipment to the consumer, as indicated on the receipt for payment of the price of the product presented by the consumer. If, for reasons within the Supplier's control and for which it is not responsible, the repair does not take place within thirty days of the date of the request for repair and the consumer does not provide otherwise, the Service Provider shall ensure the replacement of the equipment within eight days (and this shall be documented by the Parties) or, if replacement is not possible, the consumer shall be entitled to a refund of the purchase price indicated on the invoice or receipt (also within eight days).
9.5. The Service Provider may provide the consumer with the usage of replacement equipment for the duration of the repair, subject to the agreement of the Parties (e.g. if the repair is to be carried out at the consumer's home but the consumer is away for a planned longer period, or for the duration of the purchase of the necessary spare part for the repair and the carrying out of the repair, etc.). If the repair cannot be carried out on the spot, we will arrange the transport to and from the place of usage, and we will send a courier for the equipment. If this is, for any reason, not feasible, the Service Provider (after negotiating with the Customer) cover the costs of repairment on site executed buy a designated service partner. We would like to draw the attention of the Customer, who is a consumer, to the fact that he/she is obliged to cooperate with us during the repair works, so that in cases where he/she does not allow us to start the repair works (e.g. the consumer is not at home at the agreed time, etc.), the 30-day period ( having the legal consequences referred to in clause 9.4) for the repair works cannot start from the date of notification, due to the delay of the consumer.
9.6. If the equipment breaks down again after being repaired three times within the compulsory guarantee period and the consumer does not request a proportionate reduction of the purchase price and does not wish to have the product repaired, the equipment will be replaced within eight days. If the replacement is not possible, the purchase price indicated on the receipt or proof of payment presented by the consumer will be refunded to the consumer within 8 days.
9.7. The Service Provider is only released from its mandatory guarantee obligation if it can prove that the cause of the defect arose after performance (e.g. due to improper usage, improper maintenance). The consumer may not exercise both warranty and guarantee rights at the same time or place a product warranty and a guarantee claim for the same defect at the same time, but the consumer has rights under the guarantee independently of the rights described in the chapters on product warranty and warranty.
9.8. The Service Provider shall not be liable for damages resulting from natural amortization beyond the guarantee period.
9.9. Besides, the Service Provider shall not be liable for any damages resulting from faulty or negligent usage, handling, improper usage or failure to maintain the products after the risk of damage has passed.
9.10. If the consumer claims for replacement within three working days from the date of purchase (installation) due to a defect in the consumer good, the Service Provider is obliged to replace the consumer good, provided that the defect prevents the normal usage of the good (and there are no grounds for exclusion of the guarantee claim (e.g. improper installation, improper use, etc.).
10. CONSUMER INFORMATION ON THE MANUFACTURER'S GUARANTEE
10.1. If the manufacturer of a product offers a guarantee on the durability of the product in its advertising or in any other information, the consumer may, for contracts concluded from 1 January 2022, claim directly against the manufacturer under the provisions of Government Decree 373/2021 and can - for the entire duration of the guarantee on the durability of the product- , directly require the manufacturer to repair or to replace the product in the event of defective performance according to the rules on warranty rights. Where a manufacturer's guarantee exists, the manufacturer of the product must provide the Hungarian consumer with a manufacturer’s guarantee declaration in Hungarian language.
11. THE PROCEDURE IN THE EVENT OF A WARRANTY CLAIM
11.1. The Customer (being either a Consumer or a Business Customer) shall prove the setting up of the contract (with invoice or receipt).
11.2. The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider (Civil Code § 6:166). Products sold to our customers who are not consumers are subject to a one-year warranty of conformity according to the Civil Code. However, in the case of consumers, the warranty period is two years.
11.3. The Service Provider shall take a record of the warranty or guarantee claim notified to him by the consumer, and a copy shall be made available to the consumer without delay in a verifiable manner. We will also keep records of complaints from our non-consumer customers.
11.4. If the Service Provider at the time of notification can not comment on the feasibility of the consumer's warranty or product warranty claim or of a mandatory warranty claim, then it shall notify the consumer of its position within five working days in a verifiable manner, presenting a reasons for the rejection of the consumer’s claim and rendering information on the possibility to turning to the conciliation body.
11.5. The Supplier shall keep the record for three years from the date of its recording and shall present it at the request of the supervisory authority if the customer is a consumer.
11.6. The Supplier should strive for presenting repair or replacement within a maximum of fifteen days if the customer is a consumer.
11.7. As described in detail above, a warranty claim can only be established in the event of defective performance, so improper use or failure of maintenance may exclude the Service Provider's liability in this respect (towards customers who are consumers and for those who are not as well).
12. CASES OF EXCLUSION OF LIABILITY FOR WARRANTY AND GUARANTEE CLAIMS FOR ALL CUSTOMERS
12.1. Warranty or guarantee claims may only be established by the purchaser of the product related to the repair of defects or malfunctions occurring during normal usage. We shall not be liable if the cause of the malfunction was due to improper use (e.g. the industrial usage of appliances designed for domestic use) or due to the usage in combination with other products, if such combination of the products caused any damage or loss, or if the cause of the malfunction was failed public utility network. We will also not be liable if the damage is caused by accident or misuse (any combination of these), damage, electrical surges or force majeure (including lightning or other weather conditions). If the cause of the defect is due to incorrect or improper maintenance or modification without the Service Provider's permission, this may also exclude our liability for any warranty or guarantee. We also exclude our liability for defects due to wear and tear (such as bulbs, switches, seals, gears, heating pads, and other wear and tear parts) that occur during normal use and for defects resulting from unauthorized repairs.
13. TERMS AND CONDITIONS FOR REPARATION/MAINTENANCE FOR OUR NON-CONSUMER CUSTOMERS
13.1. If the Customer submits a quality complaint within the one-year warranty period applicable to our equipment under the Civil Code, when the cause of the defect occurred under normal use (i.e. the Customer's view is that the defect originated when manufacturing), then, unless otherwise agreed by the Parties, the Parties shall proceed as follows:
Customer contacts the Service Provider’s Customer service in writing
Service Provider collects and transports the equipment to its Service Center at its own cost.
Service Provider executes the reparation and transports the repaired equipment to the Customer.
If an inspection by a specialist of the Service Provider establishes that the claimed malfunction/manufacturing defect does not appear, therefore the Customer’s claim has not been valid, Customer is obliged to cover the transportation costs (150% of standard shipping [https://gammo.eu/customer-information/shipping-costs] cost that covers both directions) plus labor costs of inspection (40 EUR + VAT).
13.2. Not applicable
13.3. For the second year after the purchase, we ensure a so-called Plus One Year Service, that can be bought. In this case, for the period of one year from the end of the first year after purchase (i.e.for the second year) the Service Provider grants to implement the same conditions in case of malfunction occuring during normal usage, when presenting the Service Terms documentation attached to the product (which must be kept by the Customer). The fee of this Plus One Year Service support is 5% of the purchase price of the equipment unless otherwise agreed by the Parties (or the amount indicated on the website for the given product).
13.4. The Distributor will also repair failures occurring more than one year after purchase and failures caused by improper handling, but within the expected lifetime of the equipment. The Buyer shall notify such claims in writing, not just by telephone. In such cases, the Customer shall also bear the costs of repair and delivery and also the price of spare parts that obviously varies but the Distributor is obliged to negotiate all costs with the Customer in advance.
13.5. Not applicable
13.6. When reporting a fault within one year we request our Customers to present the invoice issued by the Service Provider and received with the equipment at the time of purchase.
14. MISCELLANEOUS PROVISIONS
14.1. The Service Provider may use a contributor to fulfill its obligations. The Service Provider shall be liable for any unlawful conduct of such entity as if the Service Provider had committed the unlawful conduct himself.
14.2. If any part of these Terms and Conditions becomes invalid or unenforceable, the validity and enforceability of the remaining parts shall not be affected.
14.3. If the Service Provider fails to exercise a right under the GTC, the failure to exercise that right shall not be deemed a waiver of that right. No waiver of any right shall be valid unless expressly stated in writing. The failure of the Service Provider to insist on strict compliance with a term or condition of the GTC on one occasion shall not constitute a waiver of the right to insist on strict compliance with that term or condition in the future.
14.4. The Service Provider and the User shall try to settle their disputes amicably.
15. COMPLAINTS HANDLING PROCEDURE
15.1. Our store aims to fulfill all orders with the right quality and to the full satisfaction of the customer. If the User has any complaints regarding the contract or related its performance, he/she may communicate his/her complaint by telephone, e-mail or via a letter.
15.2. The Service Provider will investigate the oral complaint immediately and remedy it as necessary. If the customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take a record of the complaint and its position on the complaint and shall provide the customer with a copy of the record.
15.3. The Service Provider will reply to the written complaint in writing within 30 days. The reasons for rejecting the complaint shall be also presented. The Service Provider shall keep a record of the complaint and a copy of the reply for five years and, if the complaint is from a customer who is a consumer, shall present it to the supervisory authorities at their request.
15.4. In the event of a complaint about quality and other consumer complaints, we will keep a record of the complaint in accordance with our legal obligations.
15.5. We inform our customers who are consumers that, if their complaint is rejected, they can take their complaint to a public authority, a conciliation body or a court, as follows.
15.6. The Consumer may file a complaint with the consumer protection authority. The general consumer protection authority is the county government office and in the capital the government office of Budapest Capital District V. The contact details of the authorities can be found here: http://www.kormanyhivatal.hu/hu/elerhetosegek Please note that from 27 December 2022, the consumer protection authority will only initiate proceedings if the consumer primarily attempted to resolve the dispute directly with the business concerned.
15.7. In the event of a complaint, the Consumer, after having tried to settle the complaint with the Service Provider, has the possibility to address the conciliation body of his/her place of residence or of the head office of the Service Provider, the contact details of which are given in Annex 1.
15.8. The conciliation body is responsible for settling consumer disputes out of court. The conciliation body's task is to attempt to reach an agreement between the Parties to resolve the consumer dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. At the request of the consumer or the Supplier, the conciliation body shall advise the consumer on the rights and obligations of the consumer.
15.9. The Service Provider shall take part in the procedure initiated by the conciliation body, but has not made a general declaration of submission. The Service Provider has a duty of cooperation in the conciliation procedure, including the obligation to send its reply to the conciliation body and to ensure the participation of a person authorized to negotiate a settlement at the hearing. If the head office or place of business is not registered in the county of the chamber of conciliation which operates the territorially competent conciliation body, the obligation of cooperation of the business includes offering the possibility of a written settlement in accordance with the consumer's request.
15.10. In the case of cross-border consumer disputes related to online sales or online service contracts, the conciliation body attached to the Budapest Chamber of Commerce and Industry is competent to handle the procedure.
15.11. The Consumer may use the EU online dispute resolution platform in case of a complaint. Using the platform requires a simple registration on the European Commission system by clicking here. Once logged in, the consumer can then submit a complaint via the online website: http://ec.europa.eu/odr
15.12. If the consumer does not go to a conciliation body or if the procedure has not been successful, the consumer has the right to go to court to have the dispute resolved. The action must be brought by means of a statement of claim containing the following information:
- the court seised, the names, domicile and status of the parties and their representatives, the right sought to be enforced, the facts on which it is based and the evidence to support it, the particulars from which the jurisdiction of the court can be established and a request for a ruling by the court. The application must be accompanied by the document or a copy of the document whose contents are relied on in support of the application.
16. AUTHOR'S RIGHTS
16.1. As the www.gammo.eu website is a copyright work, it is prohibited to download (reproduce), re-transmit to the public, otherwise use, electronically store, process and sell the content of the www.gammo.hu website or any part thereof without the written consent of the Service Provider.
16.2. Even with written consent, any material from the www.gammo.eu website and its database may only be reproduced by linking to that website.
16.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and its Internet advertising space. The name GAMMO is protected by copyright and may only be used with the written consent of the Service Provider, with the exception of the reference.
16.4. It is prohibited to adapt or reverse engineer the content of the www.gammo.hu website or any part of it; to create user IDs and passwords in an unfair manner; to use any application that could modify or index the www.gammo.eu website or any part of it.
16.5. The User acknowledges that the Service Provider shall be entitled to a penalty in the event of unauthorized use. The amount of the penalty is EUR 225 gross per image and EUR 50 gross per word. The User acknowledges that this penalty is not excessive and browses the Site with this in mind. In the event of copyright infringement, the Service Provider shall apply for a notarial certificate of fact, the amount of which shall also be charged to the infringing User.
17. DATA PROTECTION
Budapest, 1st January, 2024