G.T.C – (valid:from 02. December 2024, which is the day of publication on the website, too)
The present General Terms and Conditions (hereinafter GTC) contains the Rights and Obligations of PEMÜ Műanyagipari Zrt , Terstyánszky Road 89, 2083 Solymár (Tax-Nr: 12163771-2-13, company registration number 13-10-040367, hereinafter: “Seller”) and the user of electronic commercial services provided by PEMÜ (hereinafter “Buyer”). Seller and Buyer called together hereinafter as “Parties”.
1.1 The scope of the present GTC covers all the electronic commercial services provided in the territory of Hungary which takes place through the electronic marketplace (hereinafter: PEMÜ Webshop) located on the webshop.pemu.hu website (hereinafter: website).
1.2 Purchasing in the PEMÜ Webshop is possible by placing a Purchase Order in an electronic way as determined by the present GTC.
1.3 Those natural and legal persons moreover other organizations without having a legal person status are entitled to use the services of the PEMÜ Webshop who make purchases on this website and recognize the content of GTC as binding to themselves.
1.4 The contract between the Parties is established by clicking the „Order” tab after filling in all the mandatory fields of Order Form and the checking the inscribed data. The contracted – in Hungarian language – created between the Parties that way is considered as a written contract. It will be filed and kept by the Seller for 3 (three) months after its date of creation.
1.5. Customer service: PEMÜ Plastic Processing Co. Ltd., 2083 Solymár, Terstyánszky str. 89.
| Opening hours: | |
| Monday | 7:30 – 15:30 |
| Tuesday | 7:30 – 15:30 |
| Wednesday | 7:30 – 15:30 |
| Thursday | 7:30 – 15:30 |
| Friday | 7:30 – 15:30 |
2.1 The essential properties and characteristics of the purchased Goods as well as the instructions for usage are available on the information page of the specific product or in its User’s Manual.
2.2 The purchase price is always the price indicated next to the product, and it’s a gross price. The purchase prices of products does not include shipping costs.
2.3 The Seller reserves the right to change the prices of products available on the website under the term that any price change comes into force at once when posted on the website. The modification doesn’t affect the prices of the products which have already been ordered. In a case if – despite of due diligence of the Seller – an incorrect price may appear on the webshop’s surface – especially if it’s obviously false, e.g. it differs much from the commonly known or accepted or estimated price of the product or a “0” or “1 Ft price may appear due to a system failure — the Seller is not obliged to deliver the product at the wrong price. As he may offer to deliver it at the correct price, but the Buyer may withdraw his/her purchase intention in view of this price.
2.4 The Seller shall accept order only in the case when Buyer has filled every necessary data field required for the order completely. (If the Buyer fills any data field wrongly or incompletely, it will receive an error message from the Seller). The Seller shall not be liable for delay in delivery or any other problem or failure which can be traced back to order data given wrongly or incorrectly by the Buyer.
2.5 By sending the order the Buyer declares that he /she accepts the General Terms and Conditions and recognizes them as binding.
2.6 After receipt of Buyer’s purchase bid (purchase order) the Seller is obliged to confirm the purchase to the Buyer in an electronic way (by email).
The Buyer acknowledges that the confirmation mentioned in the previous point does not create a contract. The contract is concluded when the Seller notifies the Buyer in another email about the details of the order and its expected fulfilment (conclusion of the contract) following the previous confirmation.
The Buyer acknowledges that, in accordance with Section 15 and other conditions (e.g. Section 20) of Government Decree No. 45/2014 (II. 26.), the Buyer is obliged to pay upon placing the order.
The order and its confirmation shall be deemed to have been received by the Seller or the Buyer when it becomes available to them. The Seller excludes its responsibility for confirmation if the confirmation does not arrive on time because the Buyer has provided an incorrect email address or cannot receive messages due to the storage space belonging to their account being full.
2.7 Orders are processed on working days, their processing takes generally 2 working days. The deadline for fulfilment of the accepted orders is 2-5 days after confirmation for products being on stock. If the product is not on stock it takes 1-2 weeks depending on the product.
3. Delivery and Payment Terms
3.1 The product which has been selected and ordered on the website shall be delivered by Seller to the Buyer at the time specified in Seller’s order confirmation, to the delivery address given by the Buyer in the order. Buyer can take over the ordered product — upon prior indication – in person, too, at the Seller’s premises (PEMÜ Műanyagipari Zrt, Terstyánszky Road 89, 2083 Solymár)
3.2 The Seller delivers the Goods to Buyer’s home at a prior stipulated time, on work days between 08 hrs a.m. and 16 hrs p.m. by using a forwarder company. The Seller is not able to undertake a delivery to be performed at a specified time (o’clock schedule)
3.3 The Seller performs the services ordered on the website on the site stipulated in his order confirmation.
3.4 The online bank card payments are made through the Barion’s system. The bank card data will not reach the merchant. Barion Payment Zrt, which provides the service, is an institute under the supervision of the Hungarian National Bank, its licence number is H-EN-I-1064/2013.
3.5 The fee for home delivery is the same as the forwarder’s tariff. Regarding deliveries to any other place a special negotiation shall be necessary, and therefore our colleagues will contact you after the receipt of your order.
3.6 The Seller draws the Buyer’s attention to the fact that if the Buyer does not take over the ordered product, which has been delivered in accordance with the contract, he commits a breach of contract and is in default according to Section 6:156 (1) of the Civil Code. In this case, based on the rules of non-mandatory transactions, if the Buyer does not indicate his intention to withdraw (and does not make a declaration whether he wishes to receive the ordered product), the Seller will also enforce the usual storage costs and the shipping costs (there and back) related to the product against the Buyer.
3.7 Right of withdrawal
Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree No. 45/2014. (II.26.) on the detailed rules of contracts concluded between consumers and businesses, the Consumer has the right to withdraw without giving any reason.
[According to Section 8:1, Paragraph (1), Point 3 of Act V of 2013 (Civil Code), a consumer is a natural person acting outside the scope of his profession, independent occupation or business activity.]
The consumer exercises his/her right of withdrawal or termination
may be exercised within fourteen days from the date of receipt by the consumer or a third party designated by her, other than the carrier.
If the Seller fails to comply with this information, the 14-day withdrawal period will be extended by twelve months. If the Seller provides the information after the expiry of 14 days from the date of receipt of the product or conclusion of the contract, but within 12 months, the withdrawal period is 14 days from the date of provision of this information.
The consumer may exercise his right of withdrawal by making a clear statement to this effect or by using the model declaration set out in Annex 2 of Government Decree 45/2014. (II.26.).
The period for exercising the right of withdrawal expires 14 days from the day on which the Consumer, or a third party indicated by him, other than the carrier, takes possession of the product.
The Consumer may also exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
The direct cost of returning the product must be borne by the Consumer, the Seller does not undertake to bear this cost.
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.
The Consumer does not have the right of withdrawal in the case of non-prefabricated goods that were produced based on the Consumer’s instructions or at his express request, or in the case of a product that was clearly tailored to the consumer.
The Consumer may also not exercise his right of withdrawal in the cases specified in Section 29 (1) of Decree 45/2014. (II.26.).
In the event of the Consumer’s withdrawal as described above, the Seller shall refund the full amount paid by the Consumer as consideration, including the costs incurred in connection with the performance, no later than fourteen days after becoming aware of the withdrawal. However, the Service Provider has the right of retention until the goods are returned.
The Consumer is obliged to return the goods or hand them over to the Seller without undue delay, but no later than 14 days from the date on which the notice of withdrawal from the contract was sent to the Service Provider. If the consumer exercises his right of withdrawal in person at the Seller’s business premises, he is entitled to simultaneously return the goods to the Seller.
In the event of a consumer withdrawal, it is sufficient to send the withdrawal declaration within 14 days.
Consumer bears only the direct cost of returning the product.
The Seller is not obliged to reimburse the Consumer for additional costs resulting from the choice of a method of delivery other than the cheapest standard method of delivery offered by the Seller.
The Seller may withhold the refund until the goods have been returned or the Consumer has provided evidence that they have been returned, whichever is earlier. The earlier of the two dates should be considered.
If the consumer wishes to exercise his/her right of withdrawal, he/she may do so in writing (either using the attached declaration) or in person at one of the Seller’s contact details. When notifying in writing, we will take into account the time of posting/couriering/emailing.
The Consumer is only liable for any depreciation resulting from use exceeding that necessary to establish the nature, properties and functioning of the product.
Further regulations can be found in Government Decree 45/2014. (II.26.) on the detailed rules of contracts concluded between consumers and businesses and in Directive 2011/83/EU of the European Parliament and of the Council.
The withdrawal information and the withdrawal declaration to be filled out in case of intention to withdraw from the contract can be accessed by clicking here.
4. Guarantee, warranty
4.1 For guarantee and warranty issues the Civil Law Act V. of year 2013 furthermore the Government Decree Nr 151/2003 (IX.22) on obligatory warranty for durable consumer goods are the governing legislations.
Accessory warranty
In the event of defective performance by the Seller, the Buyer may assert an accessory warranty claim against the Seller in accordance with the provisions of the Civil Code. Within this framework, he/she may request repair or replacement, unless the fulfilment of the chosen claim is impossible or would entail disproportionate additional costs for the Seller compared to the fulfilment of another claim. If the Buyer did not or could not request the repair or replacement, he may request a proportional reduction in the consideration or – as a last resort – may withdraw from the contract.
The Buyer may switch from the chosen warranty right to another, but the cost of the switch must be borne by the Buyer, unless it was justified or the Seller gave a reason for it.
The Buyer is obliged to notify the defect immediately after its discovery, but no later than within two months of the discovery of the defect. After a limitation period of two years (one year in the case of a business or used item) from the performance of the contract, the right to a warranty can no longer be enforced.
In the case of a consumer, there is no other condition for asserting a warranty claim within one year from the date of sale of the product than notification of the defect, however, after one year from the date of fulfilment, the consumer is obliged to prove that the defect already existed at the time of fulfilment.
Product Warranty
In the event of a defect in a movable item (goods), the consumer may, at his/her choice, assert an accessory warranty claim or a product warranty claim.
He/She may only request the repair or replacement of the defective product as a product warranty claim.
The product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description provided by the manufacturer.
Product warranty claims can only be asserted against the manufacturer or distributor of the product.
A product warranty claim can be asserted within two years from the date the product was placed on the market by the manufacturer. The expiration of this deadline results in the loss of rights.
In the event of asserting a product warranty claim, the consumer must prove the product’s defect.
The Seller draws attention to the fact that an accessory warranty claim and a product warranty claim cannot be asserted simultaneously and in parallel due to the same defect. However, if the product warranty claim is successfully asserted, the accessory warranty claim for the replaced product or repaired part can be asserted against the manufacturer.
Warranty
In the event of defective performance, the Service Provider is obliged to provide a warranty based on Government Decree 151/2003. (IX. 22.) on the obligatory warranty for durable consumer goods, if the user qualifies as a Consumer.
The warranty period is:
Failure to meet these deadlines will result in loss of rights.
The warranty period begins on the day the goods are delivered?/handed over? to the consumer.
The rights arising from the warranty are also available to the entitled in addition to the assertion of accessory and product warranty rights.
Based on the warranty claim, the beneficiary may choose to:
A termination is not applicable in the case of a minor fault.
Pursuant to Section 5 of Decree 19/2014 (IV. 29.) of the Ministry of National Economy on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business, the Seller must strive to carry out the repair or replacement within a maximum of 15 days. If the duration of the repair or replacement exceeds 15 days, the Seller is obliged to inform the Consumer of the expected duration of the repair or replacement. The information is provided electronically or by another method suitable for confirming receipt by the consumer, with the prior consent of the Consumer. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of Decree 19/2014 (IV. 29.) of the Ministry of National Economy on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business to the detriment of the consumer.
The list of consumer goods subject to mandatory warranty is contained in Decree 10/2024. (VI. 28.) of the Ministry of Justice.
4.2 Consumer complaints related to the purchased product are handled in writing (at the email address info@cloudcomfort.hu) or by phone (+3620-376-2106); as well as in person at the headquarters of the Supplier, on working days between 7:30 a.m. and 3:30 p.m.
The Seller’s webshop operates in Hungary and is also maintained here. Since the site can also be visited from other countries, users expressly acknowledge that the governing law in the relationship between the user and the Seller is Hungarian law. If the user is a consumer, then, pursuant to Section 26 (1) of the Code of Civil Procedure, the court of the defendant’s (Consumer’s) domestic residence shall have exclusive jurisdiction in disputes arising from this contract against the Consumer.
In case of a legal dispute, the competent conciliation body: Pest County Conciliation Body (1055 Budapest, Balassi Bálint str. 25., Fl 4., door 2., Phone: +36-1-792-7881, Email: pmbekelteto@pmkik.hu). You can find out about the possibilities of legal enforcement on the website www.birosagok.hu.
5. Data handling, data protection
5.1 The Seller shall perform its data handling obligations during his business acquisition activities by keeping completely the related conditions written in the Act CXIX of year 1995 and acting within the frames of aforesaid law, with regard to the content of Act LXVI of year 1992, Act CVIII of year 2001, Act XL VIII of year 2008 moreover Act CXII of year 2011. By this Regulation it rules during its activities the creation, handling, extension, restriction, accessibility of its database, furthermore the operation of its data handling system.
5.2 While performing its activities the Seller gets in contact with citizens whose personal data (name, address, email address, phone number) it records and stores in its computer system. The Seller actualizes these data time to time, so it may contact by letter, email, or telephone the persons who are already stored in its database.
5.3 The Seller performs the recording of data by its employees and stores these data on standalone server. The Seller is responsible for the security and handling of the database. The data being stored on the data storage machine are saved by the Seller once a week onto separate data carriers and these data carriers are kept on a place secured for this purpose until a new copy is made.
5.4 The Seller collects the data of those only persons who get in touch with the Seller by their own voluntary actions i.e by inquiring for product or service, or, replying to an advertisement and they provide their personal data (name, address, email address, phone number) to Seller by this contact process
5.5 The Seller collects the data and information (name, address, email address, phone number) for its own purposes in order to better adjust the range of its products and services to demands of its customers or anyone else’s inquiries, so aiming to better serve them.
5.6 The Seller shall not disclose, not sell, not lend and not exchange the collected data of its customers or any other interested parties neither to legal nor private persons. The Seller may only use this data within its business interests and with business partners who really need to have these data in order to fulfil the purchase orders (e.g., courier). Even for these business partners only those data shall be disclosed which are obviously necessary in order to provide the services undertaken.
5.7 The Seller provides on its Internet portal the opportunity for its partners to make their choice whether they want to receive newsletters on actual sales promotions respectively information on new products.
5.8 The Seller provides information for its customers on the Internet as well as when performing its services (at same time when delivering the Goods) how they can make any kind of notification about their data (change in data, etc), respectively how they can send letter to the Company (giving the postal address, or giving the email address)
6. Others
6.1 The purchase on the Internet assumes that the Buyer is aware of technical usage and technical limitations of Internet, so the acceptance of eventual technical failures of the technology.
6.2 The Seller shall not be liable for any damages that may have been caused by connecting to website. It is the Customer’s duty to protect its computer and the data stored on it.
6.3 The Seller stores the data provided to him by its Customers exclusively in order to fulfil the contract and eventual later evidence of contractual conditions. The Seller shall not disclose the data to any third party, except that third party acts as a subcontractor/contributor of the Seller when performing the contract. The Seller shall do the handling of data of its Customers in accordance with the regulations of the Act CXII of year 2011 on the protection of personal data and the disclosure of data of public interest.
6.4 The provisions of these General Terms and Conditions that are exclusively applicable to contracts concluded with individuals classified as consumers (as defined in Section 8:1 (1) point 3 of the Civil Code, or other relevant regulations, such as Government Decree 45/2014 (II. 26.)), shall only apply to contracts with consumers, and the Seller is not obligated to apply them in the case of a Buyer who is not considered a consumer.
6.5 The Seller is entitled to modify the conditions of this GTC at any time. The modifications shall enter in force at once when published on the website and do not affect the Contracts established before its entry into force.