DR. LENKEI WEB STORE
1. Delivery and Warranty Terms for Products
Parties note that the products are shipped and guaranteed in accordance with Act V of Ptk (Ptk=the Civil Code) of 2013 and Government Decree 45/2014, February 26, providing a detailed regulation of the contract between customer and enterprise.
Supplier states that in his web store, books, “Dr. Lenkei”-branded food supplements, packaged food, and cosmetics of the Biola and Naturissimo brands are collectively referred to as:
Products.
- Essential properties of products under contract.
- Supplier distributes Products. Click on the respective product name to learn about their significant features.
2. Supplier / Operator contact details
Distributor of the products: Vitamin Zászlóshajó Kft
Headquarters: 8, József krt, Budapest, 1085
Office: 8, József krt, Budapest, 1085
Tax identification number: # 14368666-2-42
Trade register: # 01-09-900822
Mail order branch registration number: C/003521
Chamber ID: BKIK14368666
Phone: +3620 555 3181
E-mail address: [email protected]
3. Prices
Product prices can be accessed by clicking on the product.
4. Terms of performance
- When ordering with a credit card on the webshop’s online ordering interface, redirected to the official website of SimplePay.
- Through the Pay Pal payment system.
Supplier sends the invoice along with the product.
Order processing:
On regular business days, orders will be processed and handed over to the courier service within 1-2 business days and then they will deliver it to you according to the time schedule found under terms and condition. No delivery available on weekends and holidays.
Mode of shipment:
Our packages are shipped and delivered by GLS courier service. We hereby inform our customers that the shipping fee indicated on the invoice, contains mediation service.
Confirmation:
Supplier sends an E-mail confirmation after all online orders. This means that after placing the order you will receive an automatic E-mail confirming the receipt of your order.
Please also check your Spam folder! To make a delivery appointment on the phone, call our Mail Delivery service on + 36-20-555-3181 and +36 20 239 6168 or write to the [email protected] e-mail address.
Correction of errors and defects
If, in the web store there were to be an error or defect, Supplier reserves the right of correction. In such a case, after detecting or modifying the error, Supplier will immediately inform you about the new data. You may then confirm the order once more, or any of the parties may cancel the contract.
Correction of data, data entry errors
You have the opportunity to correct data entry errors before pressing the “Place Order” button.
Important information about shopping
Through our web store, you can submit your order with or without registration.
If you would like to shop, simply select the product and enter the quantity you wish to purchase in the “Quantity” section. By pressing the “Buy Now” button, you place a product in the virtual shopping cart.
Click on the “View Shopping Cart” button and you will find the products you’ve placed in the shopping cart, the total cost, and the optional shipping costs (web store top right corner, shopping cart icon). You can review your order here, including the prices and quantities. You can modify the quantities as needed. The shopping cart automatically calculates the total cost of the order.
If you are satisfied with the number of items in your basket, have checked the total cost, and have decided to purchase them, simply click on the “Go to Checkout” button. Enter your billing and shipping information, select the shipping option you wish to use, and then select your desired payment option.
Finally, click on the “Submit Order” button.
If you sign in when starting the purchase, the billing information you previously entered will be automatically displayed. If you would like the goods delivered to another shipping address, it is possible to enter the shipping address on the same page, under the billing information. Then proceed as described above.
Please, read the General Terms and Conditions at the bottom of the page, under the payment method, clicking on the “General Terms and Conditions” underlined in orange. If you agree, check the box. Then click on the “Submit Order” button. We will send you a confirmation E-mail to the E-mail address you provided.
In case of payment by credit card, by accepting the General Terms and Conditions and initiating the payment by credit card, you accept the following data transfer statement:
I acknowledge the following personal data stored in the user account of Vitamin Zászlóshajó Ltd. (Registered office: 1085 Budapest, József körút 8. 3/5) member of joint data controller of Dr. Lenkei Healthculture in the user database of www.drlenkei.com will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following: name, e-mail address, telephone number, billing address data, delivery address.
The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found at the following link:
http://simplepay.hu/vasarlo-aff
Exit
After the purchase is completed, please click on the “Exit” button and exit the web store. You may need to do this when you use the internet in a public place where others may use the same computer. By clicking on the Exit button, you can prevent others from submitting orders in your name.
Modification of data, billing and delivery addresses
If you need to change your registered data, you can do so (after login) by clicking on the “Addresses” button. You can change your billing or shipping address here by clicking the “Edit” button.
If you move residences, please, do not forget to inform us of your new address.
Add a new shipping address
After your registration, your default shipping address is your billing address. If you wish to list another shipping address, click “Addresses” after logging in, then click “Edit Delivery Address.”
Due to the changed EU VAT rules that came into force from 1 July 2021 we cannot afford to choose a different country of billing and delivery in our webshop.
The country of shipment must be the same as the country of billing.
Forgotten password
Click on the button “Forgotten password?” Enter your email address, and then click on the “Request new password” button. We will then send a verification code to your specified E-mail address, which will allow you to enter a new password. Passwords are encrypted and stored automatically in the web store. They are unknown to any of our colleagues.
Wait until you receive the confirmation
[highlight]Whenever confirming the orders placed in the web store, the Buyer also confirms the acceptance of the applicable Terms and Conditions.[/highlight]
Registration
You can make a purchase without registration.
The advantage of registration is that it is not necessary to fill in the invoicing data each time you make a purchase. You only need to do this for the first time.
Click on the “Register” button in the upper right corner of the screen and enter the required information in the page that opens. Our webshop will automatically send you a confirmation e-mail about your registration.
Sign in
After registering, you will only need to enter your E-mail address and password after you press “Login”.
5. Complaint handling methods
Supplier will receive complaints by mail and E-mail at the addresses indicated in point #2. During business days Supplier will answer the complaints within 48 hours.
In case of a dispute, Consumer may contact the Conciliation Panel.
The address of the Conciliation Panel of the area where Supplier is headquartered: Budapest Conciliation Panel, 99, Krisztina krt, 3/10, Budapest 1016. Mailing address: 1253 Bp., Pf: 10.
6. Withdrawal
Supplier informs Customer that he may exercise, without justification, the right to cancel the purchase of the product; or the last one supplied, if more than one product is delivered at different times; or the last supplied item; or piece, in the case that the product consists of more than one items or pieces; or the first service if, within a certain period, the product must regularly be supplied; or within 14 (fourteen) days of Customer or a third party, other than Courier, receiving the delivery, as set out by law.
Important Warning!
In case of dietary supplements or packaged foods, Consumer may not exercise the right of withdrawal, as per §29 (1) (e) of Government Decree 45/2014 (II.26).
Consumer may exercise the right of withdrawal or termination using Attachment 1 of the form that opens when clicking here (notice of withdrawal / termination). You can send the statement to the postal address or E-mail address indicated in point #2. We inform you that Consumer is considered to be exercising their right of withdrawal / termination when sending the statement before the expiry of above deadline. The above does not interfere with Consumer’s right of exercising his right of withdrawal between the date of setting up the contract and the date of receiving the products, as defined in this paragraph.
By clicking here, in the case listed in Attachment 2 , Consumer cannot exercise the right of withdrawal / termination.
If Consumer withdraws from the contract, he or she must readily return the product to Supplier or to an empowered person, within 14 days of the notification of the withdrawal.
Returns will be deemed to be within deadline if Consumer returns the product before the expiry of the deadline.
Important Warning!
Supplier accepts returned products in their original condition, quantity, and quality.
To avoid disputes, Supplier may take pictures of the open packet containing the returned goods. The cost of returning the product is borne by the consumer.
Consumer shall only be liable for depreciation resulting from use beyond the necessary measures required to establish the nature, properties, and operation of the product.
6.1 Refund in the event of withdrawing
If a consumer withdraws from the contract, Supplier shall refund all Consumer’s consideration (need clarification- amount paid/costs?) no later than 14 days after receipt of the consumer’s withdrawal declaration, including shipping costs (except for additional costs incurred by Consumer, when choosing a different mode of shipping than the cheapest one, offered by Supplier). Supplier will use a payment method identical to the one used in the original transaction, unless the consumer expressly agrees to use a different payment method; no additional cost is borne by Customer because of the use of this method of reimbursement.
7. Warranty on latent defects, guarantee
Supplier shall provide this information through the Model described in 45/2014 (II.26.) of Government Decree, as follows:
7.1. Warranty on latent defects
When can you enforce the right of warranty on latent defects?
In the event of defective performance of the products sold by Supplier (a warranty breach), you may submit a warranty claim against Business, in accordance with the Civil Code.
What are your rights regarding your warranty claim?
You may, by choice, enforce the following warranty claims for latent defects:
You may request repair or replacement, unless your choice is impossible to perform or if it would incur a disproportionate additional cost to Supplier’s business, compared to other claims.
If you did not or could not request repair or replacement, you may request a proportional reduction of the consideration (need clarification- amount paid?), or you may fix or have the defect fixed at the expense of the business or, as a last resort, withdraw from the contract.
You will be able to switch from one eligible warranty right to another, but you will bear the cost of the change, unless it was justified, or Supplier gave reason to do it.
What is the deadline for enforcing your warranty?
You are required to report the defect immediately after discovery, but no later than two months after its discovery. However, please remember that after the two-year limitation deadline of the contract, you will no longer be able to enforce your warranty rights.
From whom can you claim the warranty?
You can enforce your warranty against the Supplier’s business.
What other conditions need to be met to enforce your warranty rights?
Within six months of delivery, there is no other condition to enforce your warranty claim beyond stating the defect and certifying that the product or service was provided by Supplier. However, after six months of the date of delivery, you are required to prove that the defect you have detected was already present at the time of delivery.
7.2. Product warranty
When can you enforce your product warranty?
In the event of a product defect, you may enforce your warranty right outlined in Section 7.1 by choice, or claim product warranty.
What rights do you have under your product warranty claim?
Under the product warranty claim, you may only request the repair or replacement of the defective product.
In what cases is the product considered to be defective?
The product is defective if it does not meet the quality requirements in force when placed on the market, or if it does not have the features specified by the manufacturer.
What is the deadline for enforcing your product warranty claims?
You may validate your product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
From whom and on what other conditions can you enforce your product warranty claim?
You may only claim your product warranty against the manufacturer or distributor of the movable product. You must prove the defect of the product when claiming the product warranty.
In what case is the manufacturer (distributor) exempt from his product warranty obligation?
The manufacturer (distributor) is only exempted from his product liability obligation if he can prove that:
- the product has been manufactured or placed on the market as a non – business activity or
- the defect was not recognizable at the time of placing the product on the market, due to the state of science and technology or
- the product defect stems from the application of statutory or mandatory regulatory requirement.
The manufacturer (distributor) only needs to prove one of the above to qualify for exemption.
Please, remember that you cannot enforce the warranty on latent defects and product warranty claims simultaneously. However, in the event of a successful enforcement of your product warranty claim, you may still enforce the warranty claim on latent defects on the replaced product or on the part repaired.
7.3. Guarantee
When do you have the right to enforce the warranty on latent defects?
In the event of a breach of warranty, Supplier is required to provide a guarantee.
What rights and what deadline do you have on a guarantee basis?
The warranty claim may be enforced within the warranty period. If, within a reasonable time limit and having been called on by the holder, the guarantor does not honor his obligation towards the holder, the warranty claim may be enforced in court within three months of the expiry of the time limit set in the call, even if the warranty period has elapsed. Failure to comply with this deadline will result in a loss of rights.
In order to enforce a guarantee claim, the rules of warranty on latent defects (point 7.1) must be properly applied.
When is Business exempt from guarantor obligations?
Business is exempt from guarantor obligations only if it can prove that the cause of the defect occurred after the delivery.
Supplier reminds you that you may not enforce warranty and guarantee claims regarding the same defect, nor product warranty and guarantee claims concurrently. However, Customer is entitled to guarantee claims, independent of the rights outlined in Section 7.1. and 7.2. of this Article.
8. Information on the Terms and Conditions of the Contract
The language of the contract is English. The order is considered a written contract. Supplier sends a copy of the General Terms and Conditions along with the confirmation E-mail for every order. It can be downloaded in PDF format, with the help of a link.
9. Processing and Use of Personal Data
The protection of your personal data is of paramount importance for Vitamin Zászlóshajó Kft and its partners. The collection and processing of personal data, suitable for identification, occurring during the use of our web store complies with applicable Hungarian data protection regulations (Act CXII of 2011).
10. Cookies
The web store uses “Cookies” to improve user experience. Its details are contained in the Privacy Policy.
11. Privacy Policy
The web shop’s privacy policy can be accessed at the following link: Privacy Policy
12. Consumer Protection
If you perceive a violation of your consumer’s rights, you are entitled to file a complaint at the Consumer Protection Authority of your place of residence. After considering the complaint, the authority decides whether to open a consumer protection procedure. Consumer protection of first instance is performed by the county offices of the consumer’s domicile, listed here: http://jarasinfo.gov.hu/
The General Terms and Conditions will enter into force on April 18, 2017
Budapest, April 18, 2017
Operator
Statement of withdrawal / termination letter templates
(Please, only fill in and return this form, if you wish to cancel / terminate the contract)
Attn:
I/We, the undersigned, declare that I/we am/are exercising / my/our right of withdrawal / termination / right for the purchase of the following products or for the provision of the following service:
Date of contract / date of receipt:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only if the notice is sent on paper)
Date
Exceptions from the right of withdrawal
Member States shall not provide for the right of withdrawal set out in Articles 9 to 15 in respect of distance and off-premises contracts as regards the following:
- a) service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- c) the supply of goods made to the consumer’s specifications or clearly personalised;
- d) the supply of goods which are liable to deteriorate or expire rapidly;
- e) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- f) the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- h) contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
- i) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- j) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- k) contracts concluded at a public auction;
- l) the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- m) the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
In the case referred to in (h) above, the right of withdrawal/termination shall cover services or products, offered beyond the services, the maintenance or the replacement parts used for repairs and the ones requested by Consumer.
