Goods: offered on the Website, intended for sale on the Website:
 

• corporeal thing, including water, gas and electricity put up in a limited quantity or a specified volume in a container, bottle or otherwise, and
• goods with digital elements meaning any tangible movable item that incorporates, or is interconnected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions

Goods with digital elements: a good that includes, or is interlinked with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions

FelekSeller and Buyer together

Consumera natural person acting outside the scope of their profession, independent occupation, or business activity

Consumer contracta contract in which one of the parties qualifies as a consumer

Functionalityfunctionality of goods with digital elements, digital content or digital services to perform their functions in view of their purpose

Manufacturer: the manufacturer of the Goods, in the case of imported Goods, the importer bringing the Goods into the territory of the European Union, and any person who presents themselves as the manufacturer by displaying their name, trademark, or other distinguishing mark on the Goods

Interoperabilityinteroperability, in relation to goods with digital elements, digital content or digital services, means the ability of goods, digital content or digital services to function with hardware or software different from those with which goods, digital content or digital services of the same type are normally used

Compatibilityinteroperability: the ability of goods with digital elements, digital content or digital services to function with hardware or software with which goods, digital content or digital services of the same type are normally used, without the need for conversion

Website: this website, which serves for the conclusion of the contract

ContractSales contract between Seller and Buyer concluded through the use of the Website and electronic mail

Durable medium: any means that enables a consumer or business to store data addressed to them personally in a way that allows future access, for a period appropriate to the purpose of the data, and to display the stored data in an unaltered form

Communication device enabling communication between absent parties: a means suitable for making a contractual declaration in the absence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in press products with an order form, catalogues, telephones, telefax machines, and devices providing internet access

Contract concluded between absent partiesa consumer contract concluded within the framework of a distance sales system organized for the provision of the Goods or services under the contract, without the simultaneous physical presence of the parties, in such a way that the contracting parties use exclusively means of communication at a distance for the purpose of concluding the contract

Business: a person acting in the course of their profession, independent occupation, or business activity

Customer/Youa person concluding a contract who makes a purchase offer through the website

WarrantyIn the case of contracts concluded between a consumer and a business (hereinafter: consumer contract), pursuant to the Civil Code,

1. the warranty for the performance of the contract, which the enterprise voluntarily undertakes for the proper performance of the contract beyond or in the absence of its statutory obligation, and
2. mandatory statutory warranty

Purchase price: the consideration payable for the Goods and the provision of the digital content.

The Contract shall be governed by the laws of Hungary, and in particular by the following legislation:

• Act CLV of 1997 on Consumer Protection
• Act CVIII of 2001 on certain aspects of electronic commerce services and services related to the information society
• Act V of 2013 on the Civil Code
• Government Decree 151/2003. (IX. 22.) on the mandatory warranty for durable goods
• Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses    
• Decree No. 19/2014 (IV. 29.) of the Ministry for National Economy on the procedural rules for handling warranty and guarantee claims relating to items sold under a contract between a consumer and a business
• Act LXXVI of 1999 on Copyright
• Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
• REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
• Government Decree No. 373/2021 (VI. 30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the supply of digital content and digital services

The content of the contract between us—in addition to the provisions of the relevant binding legislation—is determined by these General Terms and Conditions (hereinafter: GTC). Accordingly, these GTC contain the rights and obligations pertaining to you and us, the conditions for the conclusion of the contract, the deadlines for performance, the delivery and payment terms, the liability rules, and the conditions for exercising the right of withdrawal.

Technical information necessary for the use of the Website, which is not contained in these GTC, is provided by other information available on the Website.

Before finalizing your order, you are required to review the provisions of these General Terms and Conditions.

The language of the contracts governed by these General Terms and Conditions is Hungarian.

Contracts under the scope of these General Terms and Conditions shall not qualify as written contracts, and they are not filed by the Seller.

Prices are in Hungarian Forints or Euros depending on the currency setting. The possibility that the Seller may modify the prices for business policy reasons cannot be excluded. The modification of prices does not apply to already concluded contracts. If the Seller has displayed the price incorrectly and an order for the Product has been received, but the parties have not yet concluded a contract, the Seller shall proceed in accordance with the „Procedure in case of incorrect price” section of the GTC.

Our company uses electronic invoicing pursuant to Section 175 of Act CXXVII of 2007 on Value Added Tax. By accepting these General Terms and Conditions, you consent to the use of electronic invoicing.

An obviously incorrectly displayed price is considered to be:

• 0 Ft price,
• a discounted price that incorrectly displays the discount (e.g., offering a good worth 1000 Ft for 500 Ft while incorrectly indicating a 20 % discount).

In the event of an incorrect price being displayed, the Seller shall offer the Buyer the opportunity to purchase the Product at the actual price, upon receipt of which information the Buyer may decide whether to order the Product at the actual price or cancel the order without any adverse legal consequences.

The consumer may submit their complaints regarding the Goods or the Seller's activity at the following contact details:

• Phone: +36209962400
• Website: www.evosim.hu
• E-mail: info@evosim.hu

The consumer You can communicate your complaint to the business either orally or in writing., which relates to the conduct, activity, or omission of the enterprise, or a person acting on behalf or for the benefit of the enterprise, that is directly related to the distribution or sale of goods to consumers.

The business is obliged to investigate the verbal complaint immediately and remedy it as necessary.. If the consumer does not agree with the handling of the complaint, or if the immediate investigation of the complaint is not possible, the business is obliged to immediately draw up a record of the complaint and its position regarding it, and in the case of a verbal complaint communicated in person, to hand over a copy to the consumer on the spot. In the case of a verbal complaint communicated by telephone or by using other electronic communications services, the copy must be sent to the consumer at the latest within 30 days - in accordance with the provisions regarding the response to written complaints - simultaneously with the substantive response. Otherwise, it is obliged to proceed regarding the written complaint as follows. The written complaint to the business - unless otherwise provided by a directly applicable legal act of the European Union - upon its receipt within thirty days, is obliged to respond in writing in a verifiable manner and take action to communicate the same. A shorter deadline may be established by legislation and a longer deadline by an act. The business is obliged to justify its position rejecting the complaint. The business is obliged to provide a verbal complaint communicated over the phone or by means of electronic communications service with a unique identification number. The response must inform the Customer of the possibility of turning to the Conciliation Board.

The minutes taken of the complaint must include the following:

1. the name and address of the consumer,
2. the place, time, and method of submitting the complaint,
3. detailed description of the consumer's complaint, list of documents, papers and other evidence presented by the consumer,
4. the business's statement on its position regarding the consumer's complaint, provided that the immediate investigation of the complaint is possible,
5. the signature of the person taking the minutes and - except for verbal complaints communicated by telephone or by means of other electronic communications services - the signature of the consumer,
6. place and time of taking the minutes,
7. in the case of a verbal complaint communicated via telephone or other electronic communications service, the unique identification number of the complaint.

The business is required to retain the report taken on the complaint and the copy of the response for three years, and to present them to the supervisory authorities upon request.

In the event of the rejection of a complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body's proceedings can be initiated with their complaint, depending on its nature. The information must also include the seat, telephone and internet contact details, and mailing address of the competent authority and the conciliation body competent for the consumer's place of residence or stay. The information must also cover whether the business uses the conciliation body procedure in order to resolve the consumer dispute. If any consumer dispute between the Seller and the consumer is not resolved during the negotiations, the following enforcement options are available to the consumer:

Consumer protection procedure

Complaints can be lodged with the consumer protection authorities. If the consumer detects a violation of their consumer rights, they are entitled to file a complaint with the competent consumer protection authority based on their place of residence. Following the assessment of the complaint, the authority will decide on the initiation of consumer protection proceedings. First-instance consumer protection authority tasks are performed by the metropolitan and county government offices competent according to the consumer's place of residence, a list of which can be found here: http://www.kormanyhivatal.hu/

Court proceeding

The customer is entitled to enforce their claim arising from a consumer dispute before a court within the framework of civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

Conciliation body procedure

We inform you that you may lodge a consumer complaint against us. If your consumer complaint is rejected, you are also entitled to turn to the Conciliation Body competent according to your place of residence or stay: a condition for initiating the procedure of the conciliation body is that the consumer attempts to settle the disputed matter directly with the business concerned. The procedure—based on the consumer's request to this effect—shall fall under the jurisdiction of the conciliation body designated in the consumer's request instead of the competent body.

The business is subject to an obligation to cooperate in the conciliation body procedure.

In this context, businesses are subject to the conciliation body's call to obligation to submit a statement of defense, furthermore, it is recorded as an obligation before the conciliation body publication obligation („ensuring the participation of a person authorized to create a settlement at the hearing”).

If the registered office or branch of the business is not registered in the county corresponding to the chamber operating the territorially competent conciliation body, the business's obligation to cooperate extends to offering the possibility of concluding a written agreement in accordance with the consumer's claim; participation in the conciliation body meeting is not mandatory provided that the document containing the settlement offer is sent in writing.

In the event of a breach of the above cooperation obligation, the consumer protection authority has jurisdiction, based on which, as a result of the legislative amendment, in the event of unlawful conduct by businesses mandatory imposition of a fine to be applied, there is no possibility of waiving the fine. In addition to the Consumer Protection Act, the relevant provision of the Act on Small and Medium-sized Enterprises has also been amended, so the imposition of a fine cannot be omitted in the case of small and medium-sized enterprises either.

For small and medium-sized enterprises, the fine can range from 15,000 forints to 500,000 forints, while for non-small and medium-sized enterprises subject to the Accounting Act with an annual net turnover exceeding 100 million forints, it can range from 15,000 forints up to 5% of the enterprise's annual net turnover, but up to a maximum of 500 million forints. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation boards and ensure the active participation of businesses in the conciliation board procedure.

The conciliation body has jurisdiction for the out-of-court settlement of consumer disputes. The task of the conciliation body is to attempt to create an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it shall make a decision in the case in order to ensure the simple, fast, effective, and cost-efficient enforcement of consumer rights. At the request of the consumer or the enterprise, the conciliation body provides advice regarding the rights due to the consumer and the obligations burdening the consumer.

The procedure of the conciliation board is initiated upon the consumer's request. The request must be submitted in writing to the president of the conciliation board; the requirement of writing may also be fulfilled by means of a letter, telegram, teletypewriter, or telefax, as well as by any other means that enables the recipient to store the data addressed to them for a period of time appropriate to the purpose of the data, and to display the stored data in an unchanged form and content. The application must contain

1. the consumer's name, place of residence or place of stay,
2. the name, registered office, or affected branch office of the business involved in the consumer dispute,
3. if the consumer designates in the application a conciliation body other than the competent one,
4. a brief description of the consumer's position, the facts supporting it, and the evidence thereof,
5. the consumer's declaration that the consumer has attempted to settle the dispute directly with the business concerned
6. the consumer's declaration that no other conciliation body has been petitioned regarding the matter, no mediation procedure has been initiated, and no statement of claim has been filed or application for the issuance of a payment order submitted,
7. the motion for the board's decision,
8. the consumer's signature.

The application must be accompanied by the document, or a copy (extract) thereof, the content of which the consumer relies upon as evidence, in particular the written statement of the business concerning the rejection of the complaint, or in the absence thereof, any other written evidence available to the consumer regarding the attempted mandatory consultation.

If the consumer acts through an authorized representative, the power of attorney must be attached to the request.

More information on the Conciliation Bodies is available here: http://www.bekeltetes.hu
More information on the competent Conciliation Bodies is available here:
https://bekeltetes.hu/index.php?id=testuletek

Based on the Consumer Protection Act, with regard to the Conciliation Board procedure, a consumer also qualifies as a civil organization, ecclesiastical legal entity, condominium, housing cooperative, and micro-, small-, or medium-sized enterprise acting for purposes outside its independent profession and economic activity, according to a separate law on sales contracts, which buys, orders, receives, uses, or utilizes goods, or is the addressee of commercial communications or offers related to the goods.

The Conciliation Board is authorized to inspect and examine the existence of consumer quality. The procedural rules set forth below under Conciliation Board shall apply.

The European Commission has created a website where consumers can register, enabling them to resolve their online shopping-related legal disputes through a filled-out application, thus avoiding court proceedings. This allows consumers to enforce their rights without being hindered by factors such as distance.

If you wish to make a complaint about a good or service purchased online and do not necessarily want to go to court, you can use the online dispute resolution tool.
On the portal, you and the merchant against whom you have filed a complaint can jointly select the dispute resolution body you wish to entrust with handling the complaint.

The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

If any provision of the General Terms and Conditions is legally deficient or invalid, the remaining provisions of the contract shall remain in effect, and the provisions of the applicable laws shall apply in place of the invalid or defective part.

The Seller does not have a code of conduct pursuant to the Act on the Prohibition of Unfair Commercial Practices against Consumers.

The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is regularly backed up, so in the event of a problem, the original data content can be restored. The data displayed on the website is stored in MSSQL and MySQL databases. Sensitive data is stored with appropriately strong encryption, and we use built-in hardware support in the processor for their encoding.

Information on the essential characteristics of the Goods available for purchase on the website is provided in the descriptions for the individual Goods.

During the order process, you have the continuous option to modify the data you have entered before finalizing the order (by clicking the back button in the browser, the previous page opens, allowing you to correct the entered data even if you have already proceeded to the next page). Please note that it is your responsibility to ensure that the information you provide is entered accurately, as the Goods will be invoiced and delivered based on the information you provide. Please note that an incorrectly entered email address or a full inbox for the mailbox may result in the confirmation not being delivered and may prevent the contract from being concluded. If the Customer has finalized their order and discovers an error in the data provided, they must initiate a modification of their order as soon as possible. The Customer may notify the Seller of the modification of an incorrect order by sending an email from the email address provided at the time of the order or by making a phone call. Translated with https://laratranslate.com

Purchases are not subject to registration.

Selection of Goods

You can find the Goods offered by clicking on the “Products” menu on the website. You can use the filter on the “Products” page to narrow down the categories.

For the Goods, you can access the information related to the specific Goods by clicking on the image or the name. Here you can see the price, manufacturing technology, a brief description, size chart, other product details, and images of the product. You can also select the desired color and size here.

Add to cart

After selecting the Goods, you can click on the "Add to Cart" button to place any number of Goods in the cart without incurring any obligation to purchase or pay, as placing them in the cart does not constitute an offer.

We suggest putting items in your cart even if you're not sure you want to buy them, because this way you can easily see at a glance which items you've selected, and view and compare them all on one screen. You can change the contents of your cart freely until you finalize your order by clicking the "Complete Order" button – you can remove items from the cart, add new ones, or change the quantity of any item whenever you like.

When you add the selected item to your cart, a separate window will pop up saying, 'The product has been successfully added to your cart!' If you don't want to select any more items, click on the 'View Cart' button! If you want to look at the selected item again or add another item to your cart, click on the 'Continue Shopping' button!

View Cart

While using the website, you can check the contents of your cart anytime by clicking on the "Cart" icon at the top of the page. Here, you can remove selected items from the cart or change the quantity of the items.

If you don't want to select any more of your items and put them in the cart, you can continue shopping by pressing the 'Checkout' button.

Enter customer details

 After clicking the 'Checkout' button, you'll see the contents of your cart and the total price you'll need to pay if you decide to buy the items you've selected. In the 'Delivery Method' box, you need to indicate whether you want to pick up the items yourself (personal pickup) or have them delivered. If you choose delivery, the system will show the delivery fee, which you'll need to pay when placing your order. 

In the 'Contact Information' box, you can enter your email address, and in the 'Shipping Address' box, you can enter your full name, address, and phone number. If you chose a Package Point on the 'Cart' page, the address of the selected package point will appear here. In the 'Billing Address' box, the system automatically saves the information you provided during the 'Billing Address' step. If you want to give different billing information, you can do so using the 'Enter a different billing address' option. Please note that if you chose package point delivery, make sure to provide your own address in the billing information.

Reviewing the order

After filling in the text boxes above, you can continue the ordering process by clicking the 'Order Summary' button, or you can delete/edit the data you've entered so far by clicking the 'Cart' icon and return to your Cart contents. When you click the 'Order Summary' button, you will be taken to the 'Order Summary' page. Here, you can see a summary of the information you previously provided, including the contents of your Cart, user details, billing and shipping information, and the amount you need to pay. If you notice any mistakes in the provided information, you can correct/edit them by clicking the 'Edit' button next to the relevant data.

If you have confirmed that the contents of your cart match the products you want to order and that your information is correct, you can complete your order by clicking the 'Finalize Order' button. The information on the website does not constitute an offer to conclude a contract from the Seller. For orders subject to these Terms and Conditions, you are considered the offeror. 

By clicking the 'Finalize Order' button, you explicitly acknowledge that your offer will be considered made, and your statement – if confirmed by the Seller according to these Terms and Conditions – will create a payment obligation. Your offer is binding for 48 hours. If the Seller does not confirm your offer within 48 hours according to these general terms and conditions, you will be released from the obligation of the offer.

You can place an order at any time. The Seller will confirm your offer by email no later than the next business day after you send it. The contract is formed when the confirmation email sent by the Seller becomes accessible in your email inbox.

If the Buyer does not take delivery of the ordered goods and also does not notify the Seller of their intention to withdraw within 14 days without giving a reason as allowed by law, they are breaking the contract with the Seller, which means they are obligated to accept the goods and thereby acknowledge that the Seller has fulfilled their part. In this case, the Seller will try to arrange the resale delivery of the Goods, if it can coordinate this with the Buyer, but the repeated delivery may be subject to payment of a delivery fee. If the repeated delivery is unsuccessful, or it cannot be coordinated with the Buyer because the Buyer refuses to cooperate, the Seller is entitled to terminate the contract with the Buyer immediately due to breach of contract and to enforce the costs of the unsuccessful delivery and return as a penalty against the Buyer. The parties agree to use the email address provided by the Buyer at the time of the order as the means of communication for contract termination and acknowledge that the time of notification is the time when the termination letter becomes accessible in the Buyer’s email inbox.

Stripe

In the online store, you can pay using the Stripe payment solution.

More information about Stripe in English here érhető el.

Cash on delivery

If you want to pay for the order when you receive the package, then choose the 'Cash on Delivery' payment method.

Transfer

The user must transfer the payment for the ordered products to the bank account listed in the confirmation email within 3 days. Once the amount is credited to the service provider's account, the user is entitled to receive the product(s) in the manner they choose.

We provide detailed information about the delivery methods and their fees on the Shipping tab.

The general delivery time for the order is a maximum of 21 days from the confirmation of the order. If the Seller is late, the Buyer has the right to set an additional deadline. If the Seller doesn't meet this additional deadline, the Buyer has the right to cancel the contract.

If you previously ordered Goods and didn’t accept them upon delivery (not including cases where you exercised your right of withdrawal), or the Goods were returned to the seller marked as 'unclaimed,' the Seller requires payment of the purchase price and shipping costs in advance before fulfilling the order.

The seller can hold off on handing over the Goods until they are sure that the payment for the Goods has gone through successfully using the electronic payment method (including cases where the Buyer pays by bank transfer in their own currency, and due to conversion and bank fees, the seller doesn’t receive the full amount of the price and shipping fee). If the full price of the Goods hasn’t been paid, the seller can ask the Buyer to make up the difference.

The Seller does not differentiate between Buyers using the Website within Hungary and those within the European Union outside of it. Unless this GTC states otherwise, the Seller provides delivery/pick-up of the ordered Goods within Hungary.

The provisions of this Terms and Conditions also apply to purchases outside Hungary, with the understanding that, under the relevant regulation, for the purposes of this section, a buyer is considered a consumer if they are a citizen of any member state, or have a residence in any member state, or if it is a business that has an establishment in any member state and purchases goods or uses services within the European Union solely for personal use, or acts with that intention. A consumer is defined as a natural person who acts for purposes outside their commercial, industrial, craft, or professional activities.

The language for communication and purchasing is primarily Hungarian; the Seller is not required to communicate with the Buyer in the Buyer's member state language.

The Seller is not obliged to comply with any non-contractual requirements under the national law of the Buyer's member state regarding the Goods, such as labeling or sector-specific requirements, or to inform the Buyer about these requirements.

Unless the Seller says otherwise, Hungarian VAT applies to all Goods.

The Buyer can exercise their legal rights according to these GTC.

When using an electronic payment solution, the payment is made in the currency specified by the Seller,

The Seller can hold off on handing over the Goods until they are sure that the payment for the Goods and the shipping fee has been successfully and fully completed using the electronic payment method (this includes cases where the Buyer pays for the Goods by transfer in their own currency, and due to conversion and bank fees, the Seller doesn’t get the full amount). If the full payment hasn’t been made, the Seller can ask the Buyer to make up the difference.

The Seller provides the delivery options available to Hungarian Buyers to non-Hungarian Buyers as well.

If the Buyer can request the delivery of the Goods to Hungary according to the Terms and Conditions, or to any other European Union member state, a non-Hungarian buyer can also request this using any delivery method specified in the Terms and Conditions.

If the Buyer can choose to pick up the Goods in person from the Seller according to the Terms and Conditions, a Buyer from outside Hungary can also take advantage of this.

Otherwise, the Buyer can request to arrange delivery of the Goods abroad at their own expense. Hungarian Buyers do not have this right.

The Seller will fulfill the order after the shipping fee is paid. If the Buyer doesn't pay the shipping fee to the Seller or doesn't arrange their own shipping by the agreed-upon date, the Seller will cancel the contract and refund the prepaid purchase price to the Buyer.