Terms of service

GENERAL TERMS AND CONDITIONS

Download the General Terms and Conditions

Welcome to the www.cellvital.hu website!

Our online store deals with the distribution of Safe Laser devices, Safe Laser accessories, Dietary supplements, Frequency generators.

Please read our terms and conditions before submitting your order.

By using the website, you, as a user of the website, acknowledge and accept the rules contained in these General Terms and Conditions.www. By submitting your order for the products on the cellvital.hu website, you declare that you are familiar with and consider the General Terms and Conditions binding on you. According to the conditions contained in this contract, you as a buyer andCell-Vitál Limited Liability Company as a seller- at www. With the acceptance of your offer, a contract is created between the operator of the cellvital.hu website, and you acknowledge that your ordercomes with an obligation to pay.

Contracts covered by these GTC are not written contracts, we do not file them, they are written in Hungarian and do not refer to the code of conduct according to the Act on the Prohibition of Unfair Commercial Practices against Consumers.

Orders placed in the online store are considered legal declarations made by implied conduct.The scope of these GTC covers legal relationships on our website.

These General Terms and Conditions are continuously available on the following website: 

https://www.cellvital.hu/ASZF

If you have any questions about these General Terms and Conditions, the use of the online store, the products, the purchase or delivery process, please contact us via our contact details!

Website operator:

Cell-Vitál Limited Liability Company

registered office: 8143 Sárszentmihály, Kossuth utca 56.

Company registration number: Cg. 07-09-030071

Registering authority: Company Court of Székesfehérvár Tribunal

Tax number:  26755085-2-07

Email: cellvital@cellvital.hu

contact:  Doma Róbert

Phone number: 06-70-426-9818

Postal address/complaint handling: 8143 Sárszentmihály, Kossuth utca 56.

Website: https://cellvital.hu

Customer service: cellvital@cellvital.hu 

Hosting provider of the website:

Name: Shopify International Limited

Registered Office: 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Company registration number / Registration number: 560279

Contact (E-mail): assistance@shopify.com or privacy@shopify.com

Website: www.shopify.comThe General Terms and Conditions contain the rights and obligations of you and our online store, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.

In the event that you do not agree with the content of these Terms and Conditions, you are not entitled to view the contents of the online store and place an order.

Our online store does not enter into contracts with minors. By accepting the General Terms and Conditions, you, as a Buyer, declare that you are of legal age.

USE OF WEB STORE

Products

The subject of the contract is the products in the online store, which are also listed by product group:

  • Safe Laser devices

  • Safe Laser accessories

  • Food supplements

  • Frequency generators

  • Other therapeutic products

The exact description of the products can be found on the product page. The prices indicated next to the product are gross prices, in forints and include sales tax in accordance with the current legislation.

Prices

The purchase price of the products is the gross price indicated next to the selected product, which includes VAT and applies to one product or other product unit determined in another way. Such a product unit can be: pair / set / package. Prices do not include shipping costs.The amount of the shipping cost can be found before finalizing the order, as well as in the General Terms and Conditions - Shipping costs.

If a promotional price is introduced, in this case we will provide full information about the promotion and its exact duration - the sale price and unit price of the products, as well as the detailed rules for indicating the price of services. (I. 30.) in accordance with the rules of the NFGM-SZMM joint decree.

Procedure in case of incorrect price

It may happen that the product is listed at an incorrect price in the online store. We are unable to accept and deliver the order at the wrong price. If the product is ordered at the wrong price, no contract is created between the seller and the buyer. Our system can send an automatic confirmation e-mail even when ordering at the wrong price, but this cannot be considered as acceptance of the order. In such a case, we will immediately inform the Customer of the new data after the error has been detected or modified. The Buyer can then confirm the order once more, or it is possible for either party to withdraw from the contract.In the case of an incorrect price, there is a noticeable disparity in value between the real and indicated price of the product/service, which an average consumer needs to notice immediately. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations arise. Based on this, an order confirmed at an incorrect/wrong price is considered a void contract.

In the case of some products, there may be a discrepancy between the given image and the product description due to a data entry error. In this case, the rules regarding the incorrect price apply, and we will inform you of the error immediately after the error is detected.

 

 

 

 

Select the product

You can find our products in the product categories under the shopping menu on the main page. After selecting the item category, the products are displayed directly with the product name, gross price and unit price.

You can find out the characteristics of the product you want to buy from the description on the main page of the given product category or next to the image of the given product.If you have any further questions about the products, you can get detailed information at the e-mail address cellvital@cellvital.hu.

Add product to cart

The Customer can add the selected product to the cart by clicking the "add to cart" button, or collect them. You can add any number of products to the cart.  There are two ways to enter the amount: You enter the desired amount, or you can change the amount with + and - signs. It is possible to modify or delete the contents of the Basket before placing the order.

View Cart Contents

You can view the product or products in the cart in the Cart menu by clicking on the shopping cart icon.

Here you have the opportunity to improve or modify the quantity of products or, where applicable, to delete the product or products from the basket.

To change the quantity of a product, click on the product quantity field and enter the new quantity, or use the - and + signs to change the quantity.

If you want to remove a product from the cart, click the delete - trash can button. 

Enter data

You can proceed from the basket by clicking the "checkout" button.

To make a purchase, you must enter the billing information: First name, last name, country, city, street, zip code, phone number, email address.Furthermore, if you request delivery to a different address than the billing address, after ticking the "delivery to another address" checkbox, you must enter: First name, last name, country, street, house number, city, zip code.

If you do not check this checkbox, we assume that you are requesting our shipment to be mailed to the same address as the billing address.

During the purchase, you must provide your own, real data. If you provide untrue or real data that can be linked to another person, the contract between the Seller and the Buyer is null and void. We are not responsible for contractual damages, delivery delays or other damages attributable to untrue, inaccurate or incorrect data.

Total

According to the contents of the basket, we summarize your order during the order process, by separately indicating the product, the price of the product, and the shipping cost - and determining the total amount.

Order Summary

Depending on the amount of the order in the basket, the cost of shipping the order is automatically calculated and added to the price of the product.

When summarizing the order, you must specify how you wish to pay for the ordered product and what delivery method you choose. Aggregation takes into account the cost of these selected methods.

The summary of the Order also includes the cost of delivery - displayed separately from the price of the product.PAYMENT TERMS:

You can pay for the products in the following ways:

-Cash on delivery:

If you want to pay the value of the ordered product upon receipt of the product, select the COD payment method. In the case of a cash on delivery order, the full amount of the purchase price of the order is paid to the employee of the delivery courier service. You can pay in cash or by credit card.

For orders exceeding HUF 500,000, cash on delivery is not possible. In such cases, only bank transfer or online card payment can be selected.

-By bank transfer

In case of payment by bank transfer, please transfer the value of the order to the bank account number provided in the email, and the email will also contain the identifier that must be entered in the notification column during the transfer. The delivery of the product will not begin until the transfer is finalized.

In case of advance payment, after receipt of the order, we will send you a copy of the bank transfer invoice by e-mail, on the basis of which the bank transfer can be made. You will receive the original invoice upon receipt of your order.

If the purchase price is not paid by the deadline for payment of the invoice (8 days from the date of sending the invoice), the order will be cancelled.

 

-**Online bank card payment (TEYA)**Bank card payments are processed by Teya Hungary Zrt..

-**Full name:**Teya Hungary Private Limited Company
-**Headquarters:**1024 Budapest, Lövőház utca 39.
-**Tax number:**24722137-2-41
-**Company registration number:**01-10-047882

By using the card, you acknowledge that the following personal data stored in the user database of Cell-Vitál Kft., which operates the website, will be transferred to Teya Hungary Zrt. Scope of transmitted data: name, email address, receipt address data.

The transferred data is handled in accordance with the Data Management Information of Teya Hungary Zrt. Information is available: https://www.teya.com/hu/legal/general-terms

When paying by bank card, you will be redirected to the payment page of Teya and the payment will be made on a page operating according to the rules and security regulations of the international card companies.

Our company and website do not have any information, number or expiration date of your card or the account behind it, and cannot gain insight into it.

To pay with a bank card, you will need the following information, please prepare your card:- Card number: 13-19 digit number printed or embossed on the front of the card

  • Expiration date: number in mm/yy format embossed or printed on the front of the card

  • Validation code: the last three digits of the number line on the signature panel on the back of the card (CVV2 or CVC2) If your card does not have such a code, please leave the relevant field on the payment page empty.

 

SHIPPING TERMS:

With courier service

The products are delivered by the courier service GLS.

GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. (Headquarters: 2351 Alsónémedi, GLS Európa utca 2., Cg. 13-09-111755, tax number: 12369410-2-44);

You can find out about delivery costs here:

https://gls-group.com/HU/hu/altalanos-uzleti-feltetelek/

 

With personal collection

8143 Sárszentmihály, Kossuth utca 56, you can pick up the ordered products in person 

CHECK YOUR ORDER

Before sending the order, you can check the contents of the basket, as well as the delivery and billing information. If you notice an error, you can correct it and change the contents of the basket.

Finalize the order

You can finalize your order only after accepting the General Terms and Conditions and the Data Management Information by clicking on the "order" button.Place the order only if you understand that sending the order entails a payment obligation.

When placing an order in our online store, you, as a Buyer, can be considered as an offerer, so the conclusion of a contract between the Buyer and the Seller is established when the Seller accepts the offer made through the online store. The automatic order confirmation email sent by the online store cannot be considered as acceptance of the offer.

You expressly acknowledge that your offer must be considered as made, and that your statement - in the event of confirmation by the Seller in accordance with these GTC - entails a payment obligation. The Seller is obliged to confirm the arrival of the order to the Buyer electronically without delay. If this confirmation is not received by the Buyer within the expected time frame, depending on the nature of the service, but no later than 48 hours after the Buyer's order has been sent, the Buyer is released from the binding offer or contractual obligation.

Possibility to correct data entry errorsDuring the order, the Customer has the opportunity to correct or delete the entered data at any time. If you have already moved on to the data sheet you want to correct, but have not yet finalized your order, in that case it is advisable to check the steps again by pressing the blue "Change" label, where you can already make the change. If you want to make changes to the given data after the order has been sent, you can indicate your intention to change by using one of the contact details provided above. By finalizing the order, you acknowledge that the Seller cannot be held responsible for any damage to the Buyer resulting from the Buyer's incorrect data entry or inaccurately provided data. An inaccurately entered email address during the order or the saturation of the mailbox's storage space may cause the lack of confirmation, which may prevent the conclusion of the contract.

Our online store assumes the knowledge and acceptance of the possibilities and limitations of the Internet on the part of the customer, with particular regard to technical performances and errors that may arise. The online store is not responsible in any way for the consequences of communication lines, improper operation of software, program errors, or technical errors in the purchase device due to a network error in the Internet network.

Order ConfirmationBy purchasing on the website, as described in these General Terms and Conditions, the Buyer makes a purchase offer with the order - the purchase contract is created by confirming the order.

If the data recorded in a separate e-mail sent do not correspond to the order placed, please notify our company in the form of an e-mail within one day.

If the confirmation is not received within 48 hours of sending the order at the latest, you are released from the binding offer or contractual obligation, i.e. you are not obliged to accept or buy the product. The confirmation e-mail contains the data related to the order. You are entitled to withdraw your purchase offer until the confirmation e-mail has been sent.

We will immediately send a confirmation e-mail about the acceptance of the order. This email informs you of the receipt of the order and the acceptance of the order, in which we inform you of the expected delivery time and the conditions of delivery. Please note that the contract between our online store and you is established based on the confirmation in accordance with the terms and conditions contained in the General Terms and Conditions.

Our online store reserves the right to clarify the content of the order by email.

Delivery, receipt, paymentThe delivery of the ordered products is carried out by GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. (Headquarters: 2351 Alsónémedi, GLS Európa utca 2., Cg. 13-09-111755, tax number: 12369410-2-44).

Responsibility for delivery

After ordering, delivery takes 2-5 working days, depending on the ordered goods. If the order arrives on the weekend (Saturday, Sunday) or on Friday afternoon, this may prolong the process. due to incorrect or incomplete data.

The order is delivered on working days.

Please be sure to enter a delivery address where you can receive the ordered package.

Please be sure to check the integrity and contents of the package when receiving it. In the absence of this, we cannot make a complaint to the courier company due to possible damage during transport!

All products are packed in carefully checked packaging, if they contain fragile goods, they will be indicated on the package delivered by the delivery company.

The failure of the delivery, and thus the non-fulfillment of the order, cannot be blamed on the sender in the event that1. the delivery address provided by the Customer cannot be reached by any of the vehicles used by the courier,
2. the Buyer provided the wrong delivery address and telephone contact information for the Sender (Seller),
3. the Buyer does not accept the shipment due to other errors or problems of his own.

Product Check

Upon receipt, you as a customer are obliged to check the integrity of the product. If the inspection takes place in the presence of the courier and the product is damaged, do not accept the product, have a report prepared. Complaints can be fully accepted if a video recording is made of the opening of the package, which clearly shows that the package was unopened when the recording started and the recording records the entire contents of the package uncut.

After-purchase customer service

After placing the order, you can contact our customer service via the following contact details regarding cancellation or other matters regarding the order or the ordered product: cellvital@cellvital.hu

EXERCISE THE RIGHT OF WITHDRAWAL

-Safe Laser devices
-Safe Laser accessories
-Dietary supplements
-Other therapeutic products

When purchasing products belonging to the**product group, you can only exercise your right of withdrawal for products with unopened packaging. If the packaging of the product is not intact or undamaged, it is not possible to cancel without justification for reasons of health protection. **The right of withdrawal cannot be exercised pursuant to § 29 of Government Decree 45/2014 (II.26.). According to point (1) e): 

e) with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;

When purchasing products belonging to the frequency generators product group, you, as a consumer, are subject to the 45/2014. (II. 26.) According to § 20 of the Government Decree, you have the right to cancel without giving reasons, the deadline for which is the 14th day from the date of receipt.

If you exercise your right of withdrawal, you are not obliged to give reasons for your withdrawal, you must communicate your withdrawal to our online store within 14 days of delivery. The right of withdrawal must be considered valid if you send your statement within the deadline.

When buying and selling several products, if the individual products are delivered at different times, the customer can exercise the right of withdrawal within 14 days from the date of receipt of the last delivered product or product consisting of several items or pieces.

Seller's obligation to refundIf you are a consumer pursuant to 45/2014 (II. 26.) In accordance with § 22 of the Government Decree, withdraw from the contract, our online store will refund the full amount paid as compensation, including the costs incurred in connection with the performance, including the delivery fee, no later than fourteen days from the day of learning about the withdrawal. Regarding the delivery, we have a refund obligation up to the indicated general delivery charges. 

Method of the Seller's refund obligation

45/2014. (II. 26.) In the event of withdrawal or termination in accordance with § 22 of the Government Decree, the refund amount will be refunded in the same way as the payment method used by the consumer. Based on your express consent, we may use another payment method for the refund, but you may not be charged any additional fees as a result. We are not responsible for delays due to incorrect and/or inaccurate bank account numbers or postal addresses provided by you.

Right of Withholding

Please note that we may withhold the refund until you have returned the product or proven beyond doubt that you have returned it; of the two, the earlier date must be taken into account. We are unable to accept items sent by cash on delivery or by post. 

Return of the GoodsIf you, as a consumer, according to the 45/2014. (II. 26.) In accordance with § 22 of the Government Decree, he withdraws from the contract, he is obliged to return the product immediately, but no later than within fourteen days from the notification of withdrawal. The return is considered completed within the deadline if you send the product before the deadline.

If you wish to exercise your right of withdrawal, you can make a clear statement of your intention to withdraw using the downloadable withdrawal statement template published by us as follows:

1.BY POST

send your statement by post to the following address:

Cell-Vitál Limited Liability Company

address: 8143 Sárszentmihály, Kossuth utca 56.

Sample declaration of withdrawal:

I, the undersigned, declare that I exercise my right of withdrawal regarding the contract for the sale of the following product/s:

Name:

email address:

Product name:

Product article number:

Order number:

Date of receipt:

Issued invoice number:

Signature of the consumer: ………………………………………………………………

(only in the case of a paper declaration)

Dated: ...................................

You can also directly download the declaration of withdrawal sample in PDF format on our website.

 

1.VIA EMAILYou send your declaration by email to the email address cellvital@cellvital.hu, in which email you send either the form of the cancellation declaration sample downloaded and signed by you, or you enter the data included in the cancellation declaration sample:

Name of product/s, order number, date of conclusion of contract, date of receipt, name and email address.

1.ON THE WEBSITE, ON THE WITHDRAWAL FORM

On the cellvital.hu website, it can be accessed via the "Cancellation from the contract" link. The consumer can send the online declaration of withdrawal to the Seller using the confirmation function with the text "Confirm withdrawal".

In this form, you declare that you withdraw from the contract, enter your name, order number and email address, to which you request the withdrawal confirmation.

Upon learning of the cancellation, the Seller sends the consumer an acknowledgment of receipt on a durable data medium without undue delay, which contains the content of the cancellation, as well as the date and time of sending.

Legal effects of withdrawal/terminationIf you withdraw from this contract, we will immediately, but no later than within 14 days from the date of receipt of your withdrawal notice, refund all the consideration you have paid, including the cost of transport, except for the additional costs incurred due to the fact that you have chosen a transport method other than the cheapest standard transport method offered by us.

During the refund, we use the same payment method as the one used during the original transaction, unless you specifically give your consent to use another payment method; you will not incur any additional costs due to the application of this refund method. We can withhold the refund until we have received the product back or you have not proven that you have returned it: the earlier of the two dates must be taken into account.

You are obliged to return or hand over the product to us without undue delay, but at the latest within 14 days from the date of communication of your statement of withdrawal. The deadline is considered met if you send the product before the 14-day deadline and we bear the cost of returning the product.You can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product.

We would like to inform you that you are responsible for proving that the right of withdrawal, according to the above, is provided for in Article 45/2014. (II. 26.) Exercises as defined in § 20 of the Government Decree.The right of withdrawal cannot be exercised pursuant to § 29 of Government Decree 45/2014 (II.26.). In the cases included in paragraph (1):
a) in the case of a contract for the provision of a service, after the performance of the service as a whole, if the company started the performance with the express, prior consent of the consumer, and the consumer acknowledged that he loses his right to cancel after the performance of the service as a whole;
b) with regard to a product or service whose price or fee depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the period specified for the exercise of the right of withdrawal;
c) in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;
d) with respect to a perishable product or a product that retains its quality for a short time;
e) with regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene;
f) with regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
g) with regard to an alcoholic beverage, the actual value of which depends on market fluctuations beyond the control of the company, and the price of which was agreed upon by the parties when the sales contract was concluded, but the performance of the contract only takes place after the thirtieth day from the conclusion of the contract;
h) in the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
i) regarding the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
j) with regard to periodicals of newspapers and periodicals, with the exception of subscription contracts;
k) in the case of contracts concluded at a public auction;
l) with the exception of housing services, in the case of a contract for the provision of accommodation, transport, car rental, catering or service related to leisure activities, if a deadline or deadline for performance specified in the contract has been agreed;
m) with regard to digital data content provided on a non-material data carrier, if the business has started performance with the express, prior consent of the consumer, and has simultaneously declared with the consumer's consent that it will lose its right of withdrawal after the start of performance.If you withdraw from the contract by complying with the above rules, we will immediately, but no later than fourteen days after learning about the withdrawal, refund the amount you paid as compensation, including the costs incurred in connection with the performance.

**The right of withdrawal applies only to Users who qualify as Consumers according to the Civil Code.  **

Faulty performance of the contract for the sale of goods

The Seller performs incorrectly if the defect in the goods results from improper installation, provided that  

a) commissioning is part of the sales contract and was carried out by the Seller or was carried out under the Seller's responsibility; you are

b) the commissioning had to be carried out by the consumer, and the unprofessional commissioning is the result of deficiencies in the commissioning instructions provided by the Seller - or in the case of goods containing digital elements - by the digital content or digital service provider.

If, according to the sales contract, the goods are put into operation by the Seller, or if the putting into operation takes place under the responsibility of the Seller, the performance must be considered completed by the Seller when the putting into operation is completed.If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services over a specified period of time, the Seller is liable for a defect in the goods related to the digital content, if the defect is within two years of the delivery of the goods in the case of continuous service of a duration not exceeding two years; or in the case of continuous service lasting more than two years, it occurs or becomes recognizable during the entire duration of continuous service.

In the contract between the consumer and the company, the stipulation that deviates from the provisions of this chapter on accessory warranty and warranty to the disadvantage of the consumer is null and void.

Multiple warranty rights are only available to Users who qualify as consumers according to the Civil Code.

User who is a business: a person who acts in the scope of his profession, independent occupation or business activity.

Accessory warranty, product warranty, warranty

Regarding the item sold under the contract between you and our company, you are entitled to the right of accessory warranty and product warranty, about which we provide information on the basis of the authorization of Section 9 (3) of Government Decree 45/2014 (II.26.) as follows:

Accessory Warranty

**In what cases can you exercise your accessory warranty right?**In the event of faulty performance of the online store, you can assert a warranty claim against the company in accordance with the rules of the Civil Code.

What rights do you have based on your accessory warranty claim?

You can - at your choice - use the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request you have chosen is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation, or you can repair the defect at the company's expense, or you can have it repaired by someone else, or - in the last case - you can also withdraw from the contract.

You can transfer from your chosen accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the company gave a reason for it.

What is the deadline for asserting your warranty claim?

You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, I would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract. 

**Who can you assert your warranty claim against?**You can assert your warranty claim against the company.

What other conditions are there for asserting your accessory warranty rights?

Within six months from the date of delivery, there is no other condition for validating your warranty claim, apart from reporting the error, if you prove that the product or service was provided by the company that operates the website. However, after six months from the date of performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.

Customers who do not qualify as consumers

Information on the product warranty, accessories warranty and warranty for the guarantee of the conformity of the goods for non-consumer Customers

General rules of warranty rights

A Customer who is not considered a consumer may - at his or her choice - use the following accessory warranty claims:

You can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation, or the Buyer can repair the defect at the Seller's expense, or have it repaired by someone else or - as a last resort - withdraw from the contract.You can transfer from your selected accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the Seller gave a reason for it.

In the case of buyers who are not considered consumers, the deadline for enforcing the warranty right is 1 year, which starts on the day of performance (handover).

Accessory warranty for SMEs

What is the deadline for asserting your warranty claim?

You are obliged to report the error immediately after discovering it. An error reported within two months from the discovery of the error shall be considered an error reported without delay. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.

Who can you assert your warranty claim against?

You can enforce your accessory warranty claim against the Seller.

What rights do you have based on your accessory warranty claim?

You can – according to your choice – make use of the following accessory warranty claims can request a repair or replacement, unless the fulfillment of the request you choose is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of another request. If you did not, or could not, request the repair or replacement, you can request a proportional reduction of the compensation or, as a last resort, you can also withdraw from the contract.

Within 6 months from the date of delivery, there is no other condition for validating your accessory warranty claim, apart from reporting the defect, if you prove that the Goods were provided by the Seller. However, after 6 months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.

Product warranty

In what cases can you use your product warranty right?

In the event of a defect in a movable thing (product), you can - according to your choice - assert your accessory warranty right or product warranty claim.

What rights do you have based on your product warranty claim?

As a product warranty claim, you can only request the repair or replacement of the defective product.

In which case is the product considered defective?

The product is defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the properties described by the manufacturer.What is the deadline for asserting your product warranty claim?

You can assert 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.

Who can you assert your product warranty claim against and under what other conditions?

You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.

In what cases is the manufacturer (distributor) exempt from product warranty obligations?

The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:

- the product was not manufactured or marketed as part of its business activities, or

- the defect was unrecognizable according to the state of science and technology at the time of placing it on the market or

- the defect of the product results from the application of legislation or mandatory official regulations.

It is sufficient for the manufacturer (distributor) to prove one reason for exemption.We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.

Product warranty for SMEs

In what cases can you use your product warranty right?

In the event of a defect in a movable thing (Goods), you may - at your choice - assert a warranty claim for accessories or a claim for product warranty in accordance with the rules of the Civil Code.

What rights do you have based on your product warranty claim?

As a product warranty claim, you can request the repair or replacement of defective Goods.

What is the deadline for asserting your product warranty claim?

You can assert 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.

Who can you assert your product warranty claim against?

You can exercise your product warranty rights against the manufacturer or distributor of the product (hereafter: manufacturer).

In what cases is the manufacturer exempt from product warranty obligations?

The manufacturer is released from its product warranty obligation if it can prove that or marketed the Goods outside of its business activities, or

the defect was not detectable according to the state of science and technology at the time of placing it on the market or

the defect in the Goods results from the application of legislation or mandatory official regulations.

It is sufficient for the manufacturer to prove a reason for exemption.

Warranty

In what cases can you use the right of warranty?

In the event of faulty performance, the Seller shall comply with Act No. 151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Obliged to provide a guarantee based on a government decree.

Who is entitled to a warranty?

  • you are a consumer according to the Civil Code, who is a natural person acting outside the scope of his profession, independent occupation or business activity

  • a micro, small and medium-sized enterprise acting outside the scope of its profession, independent occupation or business activity

The warranty obligation must be applied to new consumer durables listed in the ministerial decree on naming the product groups of consumer durables subject to a mandatory warranty, sold under a contract between a consumer and a business.The micro, small and medium-sized enterprise acts outside the scope of its profession, independent occupation or business activity if it purchases the consumer goods in the context of retail activities according to the Act on Trade, regardless of the accounting of the consumer goods in the scope of economic activity.

Fulfilling the warranty obligation is the responsibility of the company that is obliged by the contract with the consumer to provide the service that is the subject of the contract.

If the manufacturer applies the consumer product to the 151/2003. (IX. 22.) undertakes more favorable warranty conditions than those contained in the government decree, based on the guarantee, the rights of the company are transferred to the consumer at the time of the performance of the contract between the consumer and the company. In the contract between the consumer and the company, the stipulation that deviates from the provisions of the decree to the consumer's disadvantage is null and void. The invalid agreement will be replaced by the provisions of the regulation.

Warranty duration:

a) two years in the case of a sale price of HUF 10,000 but not exceeding HUF 250,000,

**b) Three years above the sales price of HUF 250,000.**The warranty period begins on the day the consumer product is handed over to the consumer, or if the company or its representative performs the commissioning. If the consumer puts the consumer product into operation more than six months from the date of handover, the start date of the warranty period is the day the consumer product was handed over.

In case of repair of the consumer product, the warranty period is extended from the date of delivery for repair by the time during which the consumer could not use the consumer product as intended due to the defect.

The electronically transferred invoice can be accepted as a warranty card if its content also meets the requirements of this regulation for the warranty card. The company is obliged to hand over the warranty card electronically no later than the day after the delivery or commissioning of the consumer product. If the company does not hand over the warranty card as an electronic document by sending it directly, but makes it available to the customer in the form of a download address, then the downloadability of the electronic warranty card cannot be canceled until the end of the warranty period, it must ensure the availability of the download address.The company is not obliged to issue or hand over a warranty card if the selling price of the consumer product does not exceed HUF 50,000. In this case, the rights arising from the warranty can be asserted with a receipt confirming the payment of the consideration.

The rights arising from the guarantee – can be asserted with the guarantee ticket, which cannot be made conditional on the return of the opened packaging of the consumer product by the consumer.

Irregular issuance of the warranty card or failure to provide the warranty card does not affect the validity of the warranty. In the event that the warranty certificate is not provided to the consumer, the conclusion of the contract shall be considered proven if the consumer presents the receipt confirming the payment of the consideration. In this case, the rights arising from the warranty can be asserted with a receipt confirming the payment of the consideration.

According to the buyer's choice, the claim for warranty can be reported directly at the company's headquarters, any location, branch, or the repair service indicated by the company on the warranty card.

When fulfilling a request for replacement, the company must indicate the fact and date of the replacement on the warranty card.If, during the first repair of the consumer product during the warranty period, the company determines that the consumer product cannot be repaired, the company is obliged to replace the consumer product within eight days, unless theconsumer/SME buyer orders otherwise. If it is not possible to exchange the consumer product, the company is obliged to refund the purchase price to the consumer within eight days, indicated on the warranty card or, in the absence of this, on the proof of payment of the consideration for the consumer product presented by the consumer/SME buyer - on the invoice or receipt issued on the basis of the General Sales Tax Act.

If, during the warranty period, the consumer product fails again after being repaired three times, unless otherwise specified, the company is obliged to replace the consumer product within eight days. If it is not possible to exchange the consumer product, the company is obliged to refund the purchase price indicated on the warranty card or, in the absence of this, on the proof of payment of the consideration for the consumer product presented by the consumer/SME buyer - on the invoice or receipt issued on the basis of the General Sales Tax Act - within eight days.If the consumer item is not repaired within the thirtieth day from the notification of the repair request to the company, - unless otherwise specified - the company is obliged to replace the consumer product within eight days after the ineffective expiration of the thirty-day deadline. If it is not possible to exchange the consumer product, the company is obliged to refund the purchase price indicated on the warranty card or, failing that, on the receipt proving the payment of the consideration for the consumer product presented by the consumer - on the invoice or receipt issued on the basis of the General Sales Tax Act - within eight days after the ineffective expiry of the thirty-day correction period.

The company is exempted from warranty obligations only if it proves that the cause of the defect arose after performance. The customer may not assert an accessory warranty and warranty claim, or a product warranty and warranty claim at the same time, parallel to each other, due to the same defect, but otherwise the rights arising from the warranty shall be entitled independently of the warranty entitlements.If our company is unable to make a statement on the fulfillment of the warranty or guarantee claim of the consumer/SME customer when it is reported, we are obliged to notify the consumer in a verifiable manner within five working days of our position, - in the case of rejection of the claim, the reason for the rejection and the possibility of turning to the conciliation body.

 

Complaint handling

If you have any complaints regarding the contract concluded with our online store or its fulfillment, you can report your complaint to the following address:

Cell-Vitál Limited Liability Company

registered office: 8143 Sárszentmihály, Kossuth utca 56.

Email: cellvital@cellvital.hu

contact:  Doma Róbert

Phone number: 06-70-426-9818

Postal address/complaint handling: 8143 Sárszentmihály, Kossuth utca 56.

Website: https://cellvital.hu

Customer Service: cellvital@cellvital.hu 

You can communicate your complaint orally or in writing. The verbal complaint will be investigated immediately and remedied as necessary. If you do not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, we will immediately record the complaint and our position on it, and a copy of it

a) in the case of a personally communicated oral complaint, we will hand it over to you on the spot,b) in the case of a verbal complaint communicated by phone or using other electronic communication services, we will send it to you at the same time as the substantive response to the complaint.

We assign a unique identification number to your verbal complaint made by telephone or using an electronic communication service.

The record of the complaint shall include your name, address, place, time, and method of submitting the complaint, a detailed description of your complaint, and a list of documents, documents and other evidence presented.

We will state our position on the complaint in the minutes, if it is possible to investigate the complaint immediately.

The protocol also contains the signature of the person recording the protocol and - with the exception of verbal complaints communicated by telephone or other electronic communication services - the signature of you as a consumer, the place and time of taking the minutes, and in the case of oral complaints communicated by telephone or other electronic communication services, the unique identification number of the complaint.

We will examine your written complaint on its merits within thirty days after its receipt, and we will respond in writing and take measures to communicate it. In any case, we will justify our possible rejection of the complaint.We keep the record of the complaint and a copy of the response for five years, and present it to the inspection authorities upon request.

If the complaint is rejected, we will inform you in writing about which authority or conciliation body you can initiate the procedure with your complaint - according to its nature. The information must also include the headquarters, telephone and internet contact details, and mailing address of the competent authority and the conciliation body based on the consumer's place of residence or residence. The information must also cover whether we use the conciliation board procedure in order to settle the consumer dispute.

The verbal complaint will be investigated immediately and remedied as necessary.

If you do not agree with the handling of the complaint, or the immediate investigation of the complaint is not possible, we will immediately record the complaint and our position on it, and provide a copy of it.

The written complaint will be answered in writing within 30 days. We justify our rejection of the complaint. The record of the complaint and a copy of the response will be kept for five years and presented to the inspection authorities upon request

Conciliation BoardIf we reject your complaint, you have the right to appeal to the competent authority of your place of residence, place of residence or headquarters, or to the Conciliation Board indicated by you in the application. The condition for initiating the procedure of the conciliation body is that the consumer directly attempts to settle the dispute with the concerned business.

The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision in the case in order to ensure the simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body provides advice on the rights and obligations of the consumer.

In the event of a cross-border consumer dispute related to an online sales or online service contract, the conciliation body operating under the Budapest Chamber of Commerce and Industry is solely responsible for the procedure.The service provider has an obligation to cooperate in the conciliation board procedure. As part of this, you must send your response to the conciliation board and ensure the participation of the person authorized to establish a settlement at the hearing. If the company's seat or location is not registered in the county of the chamber that operates the territorially competent conciliation board, the company's obligation to cooperate extends to offering the possibility of concluding a written agreement that meets the consumer's needs.

The procedure of the conciliation board starts at the consumer's request. The condition for applying to a consumer conciliation body is that the consumer attempts to settle the dispute directly with the business. Direct dispute resolution can be done in person at the service provider's customer service, by phone, or by e-mail. Another requirement is that the application for the board's procedure, which must be submitted to the board's president, contains the following:- a fogyasztó neve, lakóhelye, tartózkodási helye;

  • annak a vállalkozásnak neve és székhelye, vagy telephelye mellyel a fogyasztó vitában áll;

  • if the consumer wishes to submit his application to the body whose competence is aligned with the place of performance of the contract, the consumer must indicate the place of performance of the contract;

  • the consumer's position on the ongoing dispute, as well as the facts and evidence that support his own position;

  • a fogyasztó azon nyilatkozatát, ami igazolja azt, hogy a vitát megkísérelte rendezni közvetlenül a vállalkozással;

  • the consumer must also declare that he has not initiated proceedings in the case of the dispute at another conciliation body, nor has he initiated mediation proceedings or civil litigation proceedings;

  • tartalmaznia kell azt, hogy mit kér, milyen döntés meghozatalát várja a testülettől.

  • the consumer's signature

  • In addition to all of this, all documents that the consumer refers to as evidence must be attached to the application, as well as documents that prove that the consumer tried to settle the dispute with the company, but it was unsuccessful.The conciliation board - unless the consumer requests a personal hearing - will hold the hearing online without personal presence and via an electronic device that provides simultaneous audio and video transmission (hereinafter: online hearing).

The company has an obligation to cooperate in the conciliation board procedure, within the framework of which we are obliged to send our response to the conciliation board's invitation within the deadline. With the exception of the application of Regulation 524/2013/EU of the European Parliament and of the Council of May 21, 2013 on the online settlement of consumer disputes and the amendment of Regulation (EC) 2006/2004 and Directive 2009/22/EC, the company is obliged to ensure the participation of the person authorized to establish a settlement at the hearing. In the online hearing, the representative of the company authorized to create a settlement must participate online. If the consumer requests a personal hearing, the company's representative authorized to create a settlement must at least participate in the hearing online.

The Seller did not make a general declaration of submission to the conciliation body.

More information about Conciliation Boards is available here: https://www.bekeltetes.hu

Contact details of each territorially competent Conciliation Board:

| |
| - |Budapest Conciliation Board
Headquarters: Budapest
Jurisdiction: Budapest

Availability:
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
Mailing address: 1253 Budapest, Pf.:10.
Phone number: 06-1-488-2131
Email: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu

Baranya County Conciliation Board
Headquarters: Pécs
Jurisdiction: Baranya County, Somogy County, Tolna County

Availability:
Address: 7625 Pécs, Majorossy I. u. 36.
Phone number: 06-72-507-154
Email: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu

Borsod-Abaúj-Zemplén County Conciliation Board
Headquarters: Miskolc
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County

Availability:
Address: 3525 Miskolc, Szentpáli u. 1.
Phone number: 06-46-501-091
Email: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu

Csongrád-Csanád County Conciliation Board
Headquarters: Szeged
Jurisdiction: Békés county, Bács-Kiskun county, Csongrád-Csanád county

Availability:
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: 06-62/549-392
Email: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu

| |
| - |Fejér County Conciliation Board
Headquarters: Székesfehérvár
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County

Availability:
Address: 8000 Székesfehérvár, Hosszúsétátér 4-6.
Phone number: 06-22-510-310
Email: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu

Győr-Moson-Sopron County Conciliation Board
Headquarters: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County

Availability:
Address: Szent István út 10/a, 9022 Győr.
Phone number: 06-96-520-217
Email: bekelteto.testulet@gymsmkik.hu
Website: bekeltetesgyor.hu

Hajdú-Bihar County Conciliation Board
Headquarters: Debrecen
Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County

Availability:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: 06-52-500-710, +36 52 500 745
Email: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu

Pest County Conciliation Board
Headquarters: Budapest
Jurisdiction: Pest County

Availability:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone number: 06-1-792-7881
Email: pmbekelteto@pmkik.hu
Website:panaszrendezes.hu

Conciliation Board procedure for persons who are not considered consumersBased on the Act on Consumer Protection, the following are considered consumers in terms of the Conciliation Board procedure:

  • a non-governmental organization, church legal entity, apartment building, housing association acting for purposes outside of its independent occupation and scope of economic activity, according to a separate law, which buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers related to the goods; furthermore

  • micro-, small- and medium-sized enterprises (hereafter referred to as SMEs) that use public services or purchase, use, use products in the framework of retail activities according to the Act on Trade, or are recipients of product-related commercial communications or offers;

  • of 28 February 2018 (EU) on taking action against unjustified territorial content restrictions and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market, as well as amending Regulation 2006/2004/EC and (EU) 2017/2394, as well as Directive 2009/22/EC For the purposes of Regulation 2018/302 of the European Parliament and of the Council [hereinafter: Regulation (EU) 2018/302], an enterprise that qualifies as a customer according to Regulation (EU) 2018/302.The Conciliation Board is entitled to check and investigate the existence of consumer quality. The rules of the procedure are governed by the rules written under the Conciliation Board.

The Consumer can file a complaint with the consumer protection authority:

If the consumer detects a violation of his consumer rights, he is entitled to file a complaint with the competent consumer protection authority according to his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by the competent capital and county government offices according to the consumer's place of residence.

387/2016 on the appointment of the consumer protection authority. (XII. 2.) According to government decree, the Government Office acts as the general consumer protection authority in administrative authority cases - http://www.kormanyhivatal.hu/hu/elerhetosegek

Court proceedings

If the consumer does not turn to a conciliation body, or if the procedure does not lead to a result, the consumer has the opportunity to go to court in order to settle the legal dispute.- The lawsuit must be initiated with a statement of claim, in which the following information must be stated:  

  • the trial court;

  • the name, place of residence and legal position of the parties and the representatives of the parties;

  • presenting the right to be asserted, the facts on which it is based and their evidence;

  • the data from which the jurisdiction and competence of the court can be established;

  • a definite request for a court decision (claim request).
    The document or a copy of the document whose content is referred to as evidence must be attached to the statement of claim.

In matters not regulated in these General Terms and Conditions, the provisions of the current legislation shall govern, in particular:- Act V of 2013 on the Civil Code ("Ptk.")

  • and CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. (Electoral TV) Act,

  • 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) Government decree

  • 151/2003. (IX.22.) government decree on the mandatory warranty for consumer durables

  • 19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for items sold under a contract between a consumer and a business

  • 1997. year LXXVI law on copyright

  • 2011. year CXX. Act on the right to self-determination of information and freedom of information

  • REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (February 28, 2018) on action against unjustified territory-based content restrictions and other forms of discrimination based on the customer's nationality, residence or place of establishment within the internal market, as well as 2006/2004/EC and (EU) 2017/2394 regulation, as well as amending Directive 2009/22/EC

  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC (General Data Protection Regulation)Explanation of terms used in the General Terms and Conditions:- Parties: Seller and Buyer together

  • Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity

  • Consumer contract: a contract, one of whose subjects is considered a consumer

  • Website: this website, which serves to conclude the contract

  • Contract: A sales contract created between the Seller and the Buyer using the Website and electronic correspondence

  • A device enabling communication between absent parties: a device that is suitable for making a contract statement in the absence of the parties - in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a telefax and a device providing Internet access.

  • Absentee contract: a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of the product or service in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only

  • Product: all movable movable things that can be taken into possession and are intended for sale on the Website, which are the subject of the Contract 

  • Business: a person acting in the scope of his profession, independent occupation or business activity

  • Buyer/You: person entering into a contract making a purchase offer through the Website
    Warranty: In the case of contracts concluded between the consumer and the company (hereinafter: consumer contract), the warranty undertaken for the performance of the contract according to the Civil Code, which the company undertakes voluntarily for the proper performance of the contract in addition to or in the absence of its legal obligation, as well as the mandatory warranty based on the lawThe cellvital.hu web store reserves the right to amend these General Terms and Conditions by publishing the amendment on that website.