Terms and Conditions – GastroHobbi.com

1. Supplier information

• Corporate name of the company: GastroHobbi 2014. Korlátolt Felelősségű Társaság
• Abbreviated name of the company: GastroHobbi 2014. Kft.
• Registered office and correspondence address: H4025, Debrecen, Simonffy utca 4-6., fszt 41.
• E-mail address: info@gastrohobbi.hu
• Company registration number: 09 09 031189
• Name of the registry court: Court of registration of the Court of Debrecen
• Tax number: 27108510-2-09

2. Basic provisions

2.1. The present general terms and conditions (hereinafter gtc) contain the rights and obligations of GastroHobbi 2014. Kft. (hereinafter referred to as supplier or GastroHobbi) and the customer (hereinafter customer) using the e-commerce services provided by the supplier through the gastrohobbi.com website. The gtc apply to all legal transactions and services that take place via the gastrohobbi.com website, regardless of whether performed from Hungary or abroad, by the supplier or its intermediary.

2.2. The scope of the present gtc applies to all electronic commerce services for Hungary, Austria, Czechia, Denmark, Estonia, Finland, France, Greece, Netherlands, Croatia, Ireland, Poland, Latvia, Lithuania, Italy, Luxembourg, Portugal, Romania, Spain, Sweden, Slovakia, Slovenia, Bulgaria, Belgium, Germany, which are provided through the electronic store on the gastrohobbi.com website (hereinafter GastroHobbi webshop or website). Furthermore, the scope of the present gtc shall apply to all commercial transactions in the territory of Hungary, Austria, Czechia, Denmark, Estonia, Finland, France, Greece, Netherlands, Croatia, Ireland, Poland, Latvia, Lithuania, Italy, Luxembourg, Portugal, Romania, Spain, Sweden, Slovakia, Slovenia, Bulgaria, Belgium, Germany, which are concluded between the parties defined in the present gtc.

2.3. Purchases can be made in the GastroHobbi webshop by placing an order electronically, as specified in these gtc.

2.4. A significant part of the services of the GastroHobbi webshop is available to all users without registration.

2.5. The contract (hereinafter: contract) concluded between the parties by confirming the order for a product (hereinafter: product) that can be purchased through the GastroHobbi webshop considered a written contract concluded in english; the supplier shall register it and keep it for 5 years after its conclusion, and it shall be accessible subsequently.

2.6. The supplier does not submit itself to the provisions of any code of conduct.

2.7. These gtc are permanently available on the following website: https://gastrohobbi.com/terms-and-conditions

2.8. Unless otherwise provided in the contract, the contract shall be governed by these gtc. With regard to any issue not regulated in this gtc, the provisions of the effective hungarian legal regulations must be applied.

2.9. The parties expressly agree that the form of electronic mail (e-mail) shall be deemed to be equivalent to formal communication between the parties. The long-term storage of the information transmitted shall be the responsibility of both parties. GastroHobbi shall not be liable for any damages resulting from the change of the customer’s e-mail address or any other technical errors. The customer shall notify GastroHobbi of these changes / operational errors as soon as possible.

2.10. The most important legal regulations governing the legal relationship of the parties are as follows:

• Act v of 2013 on the civil code (civil code)
• Act cviii of 2001 on e-commerce and certain issues regarding information society services (hereinafter: e-commerce act);
• Government decree 45/2014. (26 february) on detailed rules governing contract concluded between consumers and businesses (government decree)
• Act clv of 1997 on consumer protection (consumer protection act)
• Act lxxxviii of 2012 on market surveillance of products.

The mandatory provisions of the relevant legislation shall apply to the parties without any specific stipulation.

2.11. These gtc are effective from 1 march 2024 and shall remain in force until revoked. The supplier shall have the right to unilaterally modify the terms and conditions of these gtc at any time. The supplier shall inform the customer of the amendments via the GastroHobbi webshop interface. After the modification, the use of the GastroHobbi webshop is subject to the customer’s express acceptance of the modifications via the mobilfox webshop and in the manner provided there.

2.12. To download the gtc in pdf format, click here.

2.13. The customer is obliged to provide their own, real data when making a purchase. If false data or data that can be linked to another person being provided during the purchase, the resulting contract shall be null and void. The supplier shall not be liable if the customer uses the services of another person in the name of another person.

2.14. The supplier shall not be liable at all for any delay in delivery or other problem or error that is the consequence of any data supplied wrongly and/or inaccurately by the customer. The supplier shall not be liable for any damage or error resulting from the customer’s alteration of the data provided at the time of purchase. The customer is obliged to notify the supplier of any changes to the data relating to the purchase. The customer is also responsible for providing an e-mail address on the GastroHobbi webshop page which they are entitled to use.

3. Products and services available for purchase

3.1. The  Products displayed on the website can only be ordered online. If the customer has any questions about the product prior to purchase, the supplier’s customer service shall be at the customer’s disposal.

3.2. The images displayed on the product page may differ slightly from the real ones and are included on the website for illustrative purposes. The supplier shall not be liable for any discrepancy between the image displayed on the website and the actual appearance of the product.

3.3. The supplier reserves the right to change the prices of the products available for ordering on the website, provided that such changes shall take effect upon their publication on the website. The change will not adversely affect the purchase price of products already ordered. When the payment is made online by a credit card, the supplier shall not refund any money if the price is lowered between the date of sending the electronic payment request and the date of receipt of the product. The security check of the online payment transaction takes at least 24 hours, and the product can only be delivered and accepted only once the checks have been completed.

3.4. If, despite all the care taken by the supplier, an incorrect price is displayed on the website, in particular a price that is obviously incorrect, e.g. Significantly different from the generally accepted or estimated price of the product, including a gross disparity in value, or a price of “0” ft or “1” huf due to a system error, the supplier is not obliged to deliver the product at the incorrect price, even if the order is confirmed. In such cases, the supplier shall offer to deliver the product at the correct price, in the knowledge of which the customer may withdraw from the purchase. The customer may exercise this right of withdrawal without giving reasons.

3.5. The supplier accepts orders through its website from the customer only when the customer has completed all the fields required for an order. If the customer fills in a field incorrectly or incompletely, the supplier will send an error message. The supplier shall not be liable at all for any delay in delivery or other problem or error that is the consequence of any ordering data supplied wrongly and/or inaccurately by the customer.

3.6. The purchase price of the products displayed on the website is indicated inclusive of vat and other public charges.

3.7. The purchase price shown next to the products does not include the cost of delivery. However, no extra packaging costs will be charged.

3.8. Not depending on the country the price of the products will be indicated in  EUR.

3.9. In the case of a price reduction, the supplier will display the previous price of the product offered for sale on the website. The previous price shall be the lowest price applied by the supplier for the products offered for sale on the website for a period of not less than 30 days prior to the application of the price reduction. If the product has been on sale for less than 30 days, the previous price shall be the lowest price applied by the supplier during a period not shorter than 15 days prior to the application of the price reduction. If the price reduction continues progressively, the previous price shall be the price before the first application of the price reduction. The previous price will not be applied to general volume/value-based discounts or other non-price related marketing strategies (e.g. Free gift with purchase, free shipping, three for the price of two, two for the price of one promotions).

3.10. If a promotional price is introduced, the supplier will fully inform the customer of the terms of the promotion.

4. Ordering

4.1. An order may be placed on the GastroHobbi webshop without registration, after selecting the product, using the shopping basket (hereinafter basket). The customer can add the selected products to the shopping basket by clicking on the “Add to Cart/Buy Now/Order Now” button on the page with the product details after clicking on the individual product. The customer can set the quantity of the product(s) to be purchased on the website. Once the quantity has been finalised, the contents of the shopping basket will be automatically updated. If this does not happen, the customer can update the contents of the shopping basket by clicking on the “Refresh Cart” icon.

4.2. At any stage of the order and until the order is sent to the supplier, the customer can correct data entry errors in the order interface on the website at any time (e.g. Delete a product from the basket by clicking on the “x” icon).

4.3. Once the customer has finalised the contents of the shopping basket, they must enter their personal details, delivery address and (if different from the delivery address) billing address in the interface that appears by clicking on “Proceed to Checkout”.

4.4. After providing the required information, the customer can click on the “Place order” button to submit the order.

4.5. If the customer chooses one of the instant payment options, after providing the necessary details and selecting “Paypal” or “Stripe”, they will be redirected to the payment interface where they can pay the order amount. If instant payment is selected, the order is deemed to have been sent as soon as the payment has been made.

4.6. Before placing the order, the customer may verify the data provided or send an e-mail to the supplier at info@gastrohobbi.hu with any other requests related to the order.

4.7. The customer may choose from the following payment methods when making a purchase in the GastroHobbi webshop:

4.7.1. The customer can choose between Paypal and Stipe payment methods.

4.7.2. The customer will be notified by the webshop about the shipping costs for delivery afther the shipping details were submitted in the Cart or Checkout pages.

4.8. The customer will receive an e-mail confirmation from the supplier after the order has been sent, which confirmation will include the order and payment details. A legal relationship is established between the parties for the purchase or sale of the products by the confirmation.

4.9. If this confirmation has not been received by the customer within a reasonable period, depending on the nature of the service, but not later than 48 hours from the date of sending the customer’s order, the customer shall be released from any binding offer or to enter into a contract. The order and its acknowledgement shall be deemed to have been received by the supplier or the customer at the time when it becomes available to them.

4.10. The supplier excludes liability for the lack of confirmation if the confirmation is not received by the customer within the time limit because the customer has provided an incorrect, erroneous or incomplete e-mail address when finalising the order or because the storage space in his mailbox is full. In such cases, the legal relationship between the parties shall be established upon sending the confirmation and the parties shall be obliged to fulfil their contractual obligations as set out in the order.

4.11. In the event of any error or omission in the description of the characteristics of the product, shipping costs or other data on the website, the supplier reserves the right to correct such data. In such cases, the supplier shall inform the customer of the corrected data immediately after the error or omission has been detected. In such cases, the supplier shall not be obliged to deliver the product on the basis of the incorrect or incomplete data, but may offer to deliver the product on the basis of the correct data, in the knowledge of which the customer may withdraw from the purchase. The customer has this right of withdrawal without giving any reason.

4.12. Correction of data entry errors: in any case, the customer can go back to the previous phase before completing the order process and correct the data entered.

4.13. If the customer has already sent the order to the supplier and notices an error in the data contained in the confirmation e-mail, they must notify the supplier within 1 day.

4.14. An order is deemed an electronically concluded contract, which is governed by act v of 2013 on the civil code and act cviii of 2001 on certain issues relating to electronic commerce and on information society. The contract is subject to the provisions of government decree 45/2014 (26.02.2014) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of directive 2011/83/EU of the european parliament and of the council on consumer rights.

5. Processing and fulfilment of orders, invoicing

5.1. Orders shall be processed during business hours (8:00-16:00 on weekdays). It is also possible to place an order outside the hours indicated as order processing hours, while if it is placed after the end of working hours, the order will be processed the following day.

5.2. The general time limit for fulfillment is 4-6 working days from the date of confirmation, with the supplier being obliged to perform the contract within 30 days from the date of their confirmation of the order at the latest.

5.3. The supplier shall not be liable for any unannounced changes in technical specifications or descriptions due to the supplier or to reasons beyond the supplier’s control. Partial fulfillment may only be made after prior agreement with the customer.

5.4. The customer acknowledges that the sending of the order is subject to payment in the case of electronic payment.

5.5. The date of fulfillment shall be deemed to be the date on which the customer takes delivery of the products from the carrier.

5.6. The supplier shall deliver the ordered and requested goods to the customer’s premises against the payment of a delivery charge. The service provide shall inform the customer of the delivery charge during the ordering process. The delivery charge shall be determined taking into account the products in the basket. The supplier shall be entitled to apply different delivery charges for different product categories (including but not limited to: large parcels, small parcels). During certain discount periods, the supplier will deliver the goods ordered and requested to be delivered free of charge to the customer’s home using its own means of transport or a carrier company, if the gross value of the relevant order is equal to the amount eligible for free delivery as published on the website or in the relevant promotion or the order otherwise complies with the terms of the promotion. The supplier is entitled to determine the terms and conditions unilaterally. If the customer also orders a product that is not covered by the free shipping, the supplier shall be entitled to charge a shipping fee in connection with that order. For orders subject to a shipping costs, the freight charge (delivery charge) shall be borne by the customer, in such a way that the freight charge will be indicated on the order summary screen, on the invoice and in the confirmation email. If the customer indicates this when placing the second order and the supplier’s feedback indicates that this is still possible, the supplier may merge the orders, but it is no longer possible to merge the packages already started. The supplier reserves the right to change the delivery charge, on condition that the change takes effect at the same time as the change is published on the website. The change will not affect the purchase price of products already ordered.

5.7. The supplier informs the customer that the products will be delivered by the following courier services:

• DPD Parcel

5.8. The customer acknowledges that unless otherwise agreed by the parties the supplier shall make available the product to the customer without delay upon the conclusion of the contract, at the latest within thirty days. In the event of a delay on the part of the supplier, the customer shall be entitled to set a grace period. If the supplier fails to perform within such additional period, the customer shall be entitled to withdraw from the contract.

5.9. The ordered product may not be collected in person at the supplier’s premises.

5.10. The supplier shall issue an electronic invoice to the customer for proof of payment to the email address provided by the customer after payment of the order. Upon acceptance of the gtc, the customer agrees to the issuance of an electronic invoice by the supplier.

6. Right to withdraw

6.1. The provisions of this clause apply only to natural persons acting outside the scope of their profession, occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter “consumer”). A customer who is a consumer is entitled, in the case of a contract for the sale of goods, to withdraw from the contract within thirty (30) days of the date of receipt of

• The goods,
• In case of supply of several products, the last product supplied,
• In the case of a product consisting of several lots or items, the last lot or item supplied,

By the customer or by a third party other than the carrier and indicated by the customer, without giving any reason.

6.2. The customer may also exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods. The customer shall also have the right of withdrawal during the period prior to the delivery of the goods.

6.3. If the customer wishes to exercise the right of withdrawal, they must send a clear statement of the intention to withdraw (by post or by electronic mail) to the supplier at the contact details indicated in clause 6.14 of these gtc during the period of withdrawal. A model declaration for the exercise of the right of withdrawal is set out in clause 6.16 of these gtc.

6.4. The customer shall bear the burden of proving that they have exercised the right of withdrawal in accordance with the provisions set out in clause 6.3 and in accordance with the applicable legal provisions. If the customer fails to send the declaration of withdrawal by the deadline indicated, in a manner that can be justified beyond reasonable doubt, they have not fulfilled the conditions required for exercising the right of withdrawal, and the contract with the supplier will therefore not be terminated and the contract between the parties will remain in force.

6.5. If the right of withdrawal is exercised by the customer, it shall be deemed to have been exercised within the time limit if the customer sends a written declaration to this effect to the supplier during the withdrawal period (up to the 30th calendar day).

6.6. In the case of communication by post, the date of posting, in the case of communication by e-mail, the date of sending the e-mail shall be taken into account by the supplier for the purpose of calculating the time limit. The customer must post the letter of withdrawal by registered mail in order to provide credible evidence of the date of dispatch.

6.7. In the event of withdrawal, the customer must return the ordered product without delay, but no later than 14 (fourteen) days from the date of the communication of their withdrawal, with the courier sent by the supplier. Return by courier is only available in the countries listed in clause 2.2, if the customer wishes to exercise the right of withdrawal from a country not listed in clause 2.2, they may do so by returning the product in accordance with the general rules.

6.8. The cost of returning the product shall be borne by the supplier (except in the case detailed in clause 6.6 above). After making an arrangement with the supplier’s customer service, the supplier will send a courier to collect the product at the address indicated by the customer. The customer may return the product to the supplier only in this manner. When the right of withdrawal is exercised, the product shall be deemed to have been returned in full when the customer has handed over all the accessories of the product to the courier. If the above condition is not fulfilled, the supplier shall be entitled to exercise its right of retention under clause 6.13 until such time as the customer has ensured, at their own expense that the product is returned to the supplier in full. The supplier shall not be entitled to take delivery of the product returned to it by cash on delivery.

6.9. If the right of withdrawal is exercised, the customer shall not be charged any costs in connection with the return of the product, except in the case listed in clause 6.7. If the customer wishes to exercise the right of withdrawal, they shall limit the use of the product to the extent necessary to determine the nature, characteristics and functioning of the product. If the customer withdraws from the contract for the purchase of the product by unilateral declaration, but has used the product affected by the withdrawal beyond the extent necessary to determine its nature, characteristics and functioning, they shall be liable for any depreciation in the value of the product. The supplier shall apply the amount proportional to this depreciation when refunding the purchase price of the product affected by the right of withdrawal, i.e. Deduct that amount from the purchase price to be refunded. The amount of the depreciation shall be determined on the basis of the nature and value (purchase price) of the product affected by the withdrawal and the degree of wear and tear resulting from the use of the product as described above. In addition, the service provider may also claim compensation for material damage resulting from improper use of the product.

The supplier informs the customer that once the pro-shield foil has been applied to the phone, the protective foil cannot be removed without significant deterioration of its condition, therefore, if the customer has already applied the protective foil to the phone, they cannot exercise the right of withdrawal with respect to the pro-shield foil.

In the event of cancellation by the customer, the supplier shall also return any other accessories (in particular in the case of the nano glass product) that were provided as a gift with the products, and the customer shall return them to the supplier by courier together with the products.

6.10. The customer shall not have the right of withdrawal in the case of products which are not prefabricated and have been produced on the customer’s instructions or at the customer’s express request, or in the case of a product which is clearly personalised for the customer.

6.11. In accordance with the above-mentioned legislation, the supplier shall refund the amount paid by the customer including the delivery charge, immediately upon receipt of the returned product but no later than 14 (fourteen) days after the return of the product.

6.12. The supplier shall use the same payment method as the one used in the original transaction for the refund, unless the customer expressly consents to use a different payment method. The customer shall not incur any additional costs as a result of the use of the refund method.

6.13. In the case of cancellation, the customer shall be obliged to hand over the products, packed and ready for dispatch, to the courier sent by the supplier at the agreed time.

6.14. The refund may be withheld by the supplier until the product has been handed over to the courier for return or the customer has confirmed or provided proof beyond reasonable doubt that the product has been returned (whichever is the earlier).

6.15. The customer may contact the supplier with any enquiries or other complaints or requests relating to the right of withdrawal at the following contact details:

Contact information:

E-mail: info@gastrohobbi.hu

Correspondence address: H4025, Debrecen, Simonffy utca 4-6., fszt 41.

6.16. Pursuant to section 8:1.4 of the civil code, the right of withdrawal does not apply to a business, i.e. A person acting in the course of their profession, self-employment or business activity.

6.17. The customer may exercise its right of withdrawal / cancellation by means of the model declaration indicated in this paragraph or by means of an express declaration to that effect.

Template of withdrawal.

I/we the undersigned hereby declare that i/we am/are exercising my/our right in relation to the contract for the sale of the following product(s) or supply of the following service:

Date of contract / acceptance:

Name of the customer(s):

Address of the customer(s):

Date

6.18. In the case of written withdrawal, it is sufficient to send the withdrawal notice to the supplier within 30 (thirty) days to one of the contact details suitable for receiving written withdrawals.

7. Miscellaneous provisions

7.1. The supplier may use an intermediary to fulfil its obligations. The supplier shall be fully liable for any unlawful conduct of the supplier, as if the supplier had committed the unlawful conduct itself.

7.2. If any part of these gtc becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.

7.3. If the supplier does not exercise any of the right arising from the gtc, it shall not be deemed to be the waiver of such right. The waiver of any right is valid only with an expressed written declaration in that regard. The fact that the supplier does not strictly adhere to a material term or condition of the gtc on one occasion does not imply a waiver of the right to insist on strict adherence to that term or condition in the future.

7.4. The supplier and the customer shall attempt to settle any disputes between them amicably.

7.5. The information on the website is provided in good faith, but is for information purposes only and the supplier shall not be liable for the accuracy or completeness of the information.

7.6. The customer may use the website solely at its own risk and accepts that the supplier shall not be liable for any material or non-material damage arising from the use of the website.

7.7. The supplier excludes all liability for the conduct of the users of the website. The customer shall be fully and exclusively responsible for its own conduct, in which case the supplier shall cooperate fully with the competent authorities in order to detect any infringements.

7.8. The website of the GastroHobbi webshop may contain connection points (links) to the websites of other service providers. The supplier is not responsible for the data protection practices and other activities of these service providers.

7.9. Due to the global nature of the internet, the customer agrees to act in compliance with the provisions of applicable national laws when using the website. If any activity related to the use of the website is not permitted under the laws of the customer’s country, the customer shall be solely responsible for such use.

7.10. If the customer discovers any objectionable content on the website, it shall immediately notify the supplier. If the supplier, acting in good faith, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay.

7.11. The website is protected by copyright. The supplier is the copyright owner or the authorised user of all content displayed on the website and in the provision of the services available through the website: any copyright works or other intellectual works (including, but not limited to, all graphics and other materials, the layout, design, editing, software and other solutions, ideas and implementations used).

7.12 The saving or printing of the contents of the website and parts thereof on physical or other media is permitted for private use or with the prior written consent of the supplier. Any use other than for private purposes, such as storage in a database, transmission, publication or downloading, commercialisation, etc., Is only possible with the prior written consent of the supplier.

7.13. In addition to the rights expressly provided for in these gtc, the use of the website or any provision of these gtc does not grant the customer any right to use or exploit in any way any trade name or trademark displayed on the website. These intellectual works may not be used or exploited in any form other than for the display, temporary reproduction and private copying necessary for the normal use of the website without the prior written consent of the supplier.

8. Complaint Handling

8.1. The supplier aims to fulfil all orders to the customer’s full satisfaction and to a satisfactory standard. If the customer nevertheless has a complaint about the contract or its performance, the customer may communicate its complaint to the supplier at the e-mail or postal address stated in section 6.14 above.

8.2. The supplier shall reply to the written complaint in writing within 30 (thirty) days. The supplier shall state the reasons for its rejection of the complaint. A copy of the reply shall be kept for 3 years and presented to the supervisory authorities upon request.

8.3. If any consumer dispute between the supplier and the customer is not settled in negotiations with the supplier, the following means of remedy are available to the customer.

8.4. Complaining to the consumer protection authorities

If the customer perceives a violation of its consumer rights, it has the right to lodge a complaint with the consumer protection authority in its place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings. A list of the competent government authorities is available at https://www.kormanyhivatal.hu.

8.5. Arbitration board

For the out-of-court and amicable settlement of consumer disputes concerning the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the customer may initiate proceedings before the arbitration board competent for the place of residence or stay or may apply to the arbitration board attached to the professional chamber competent for the place where the supplier is established. For the purposes of the rules on the arbitration board, the term consumer also includes a civil organisation, church, condominium, housing association, micro, small and medium-sized enterprise, as defined in a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.

Contact information of the arbitration board at the registered office of the supplier:

Arbitration board attached to the HAJDÚ-BIHAR VÁRMEGYEI BÉKÉLTETŐ TESTÜLET

The customer may apply to the arbitration boards available at the following link for the settlement of consumer disputes based on the place of residence of the customer. The supplier is obliged to participate in the proceedings of the arbitration boards. For the purposes of this section, sending a reply shall also constitute cooperation.

8.6. Cross-border disputes

In case of a cross-border consumer dispute related to an online sales contract, consumers can settle their cross-border disputes related to online purchases electronically by submitting an electronic complaint through the online platform available at the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?EVENT=main.home2.SHOW&lng=hu

For this, the customer simply registers on the online platform available at the link above, fills in a complete application form and submits it electronically to the arbitration board via the platform. In Hungary, the Arbitration Board of Budapest has the right to act in cross-border disputes between consumers and traders related to online sales or service contracts.

8.7. Court procedure

The customer is entitled to enforce its claim arising from the consumer dispute before a court in civil proceedings under act v of 2013 on the civil code and act cxxx of 2016 on the code of civil procedure.