GTC

The contract concluded based on this document will not be registered (not accessible afterwards, the conclusion of the contract is evidenced by the order data), it is established by a declaration of intent made by implied conduct, it is not considered a written contract, it is written in Hungarian, and does not refer to a code of conduct. For any questions regarding the operation of the webshop, its ordering and delivery process, we are available at our provided contact details.

The scope of these GTC (General Terms and Conditions) extends to legal relationships occurring on the Service Provider's website (https://www.bearings.hu) and its subdomains. These GTC are continuously available (and downloadable, printable at any time) from the following website: https://www.bearings.hu//aszf.

Definitions:

User: Any natural or legal person or organization who uses the Service Provider's services or enters into a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of their profession, independent occupation, or business activity.

Enterprise: A person acting within the scope of their profession, independent occupation, or business activity.

Service Provider: A natural or legal person or an organization without legal personality providing information society services, who provides services to the User and enters into a contract with the User.

1. SERVICE PROVIDER DETAILS

Service Provider's Name: Bearings Kft.Service Provider's Registered Office (and place of complaint handling): 1105 Budapest, X., Gergely utca 3-9Service Provider's Contact Information, regularly used electronic mail address for communication with users: info@bearings.hu  Service Provider's Company Registration Number/Registration Number: 0109197917Service Provider's Tax Number: 10888636-2-42Name of the registering authority / licensing authority and license number (if any): Company Registry Court of DebrecenService Provider's Phone Number: +36 1 2620508Language of the contract: HungarianName, address, email address of the hosting service provider:

ShopRenter.hu Kft.Address: 4028 Debrecen, Kassai út 129.Phone Number: 06704102535 06-1/234-5011Email: info@shoprenter.huWebsite: www.shoprenter.hu

2. FUNDAMENTAL PROVISIONS

2.1.    For matters not regulated by these GTC, as well as for the interpretation of these GTC, Hungarian law shall apply, with particular regard to Act V of 2013 on the Civil Code (hereinafter referred to as "Ptk.") and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter referred to as "Elker. tv."), as well as Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. For specialized products, the relevant sectoral legal provisions shall apply. The mandatory provisions of the relevant laws shall apply to the parties without any special stipulation.

2.2.    These GTC are effective from August 27, 2020, and shall remain in force until revoked. The Service Provider publishes amendments to these GTC on the website and notifies registered or previous Users of the changes via email. The amendments do not affect contracts concluded previously, meaning the amendments have no retroactive effect.

2.3.    The Service Provider reserves all rights regarding the website, any of its details, the content appearing on it, and the distribution of the website. It is prohibited to download, electronically store, process, or sell any content appearing on the website or any part thereof without the Service Provider's written consent (except for this document and the data processing policy). 

2.4.    The Service Provider is not responsible for the sale and purchase of products published on other websites not associated with or operated by the Service Provider. 

3. REGISTRATION / PURCHASE

3.1.   In the event of false data or data attributable to another person provided during the use/ordering/subscription of the service, the electronic contract formed may be challenged in court by the entitled party. As a result of a successful challenge (winning the lawsuit), the contract becomes invalid from the date of its conclusion, or if it conceals another contract, the rights and obligations of the parties shall be judged based on the concealed contract.

3.2.    The Service Provider shall not be liable for any delivery delays or other problems/errors attributable to incorrectly and/or inaccurately provided data by the User. However, the Service Provider informs Users that after consultation and clear identification with the User, incorrectly entered data can be corrected in the order to avoid obstacles in invoicing and delivery.  

3.3.    The Service Provider shall not be liable for damages resulting from the User forgetting their password or it becoming accessible to unauthorized persons for any reason not attributable to the Service Provider (if there is registration on the site).

4. SCOPE OF PRODUCTS, SERVICES AND PRICES AVAILABLE FOR PURCHASE

4.1.    The displayed products can be ordered online (in some cases by phone) from the webshop. The prices shown for the products are in Hungarian Forints (HUF) and are gross prices (i.e., they include the legally mandated VAT, or if the Service Provider invoices without VAT, the prices are the amounts payable), but they do not include delivery and payment related fees. A separate packaging cost will not be charged, unless the User requests special or gift packaging.

4.2.    In the webshop, the Service Provider specifies the product name, description, and displays a photo of the products (if possible). 

4.3.    If a promotional price is introduced, the Service Provider fully informs Users about the promotion and its exact duration. The Service Provider acts lawfully when determining promotional prices, complying with the rules of Joint Decree 4/2009. (I. 30.) NFGM-SZMM on the detailed rules for displaying the selling price and unit price of products, as well as service fees.

4.4. In case of an incorrect price display, the Service Provider is not obliged to confirm the order at that price, but has the right to refuse the offer and propose confirmation at the correct, actual price, in which case the User has the right to

According to Act V of 2013 on the Civil Code (Ptk.), a contract is formed by the mutual and concordant expression of the parties' will. If the parties cannot agree on the contractual terms, i.e., there is no declaration mutually and concordantly expressing the parties' will, then a validly concluded contract from which rights and obligations would arise cannot be spoken of.

An incorrect price is considered to be

5. ORDER PROCESS

5.1.    After registration, the User logs into the webshop / or can start shopping without registration.

5.2.    The User sets the quantity of the product(s) they wish to purchase.

5.3.    The User adds the selected products to the cart. The User can view the contents of the cart at any time by clicking on the "cart" icon.

5.4.    If they do not wish to purchase further products, the User checks the quantity of the product(s) to be purchased. The contents of the cart can be deleted by clicking on the "delete - X" icon. To finalize the quantity, the User clicks on the "-,+" icon.

5.5.    The User provides the shipping address, then selects the shipping/payment method, which types are as follows:

5.5.1.    Payment Methods:

Personal pickup: Cash payment at the Service Provider's premises or at another location designated by the Service Provider upon collection: If payment upon receipt of goods is chosen, the User pays the purchase price of the product in cash or by bank card at the Service Provider's premises or at another location designated by the Service Provider. Cash payments are only possible in Hungarian Forints (HUF).

Payment on delivery: If the ordered product is delivered by courier service or to a parcel locker, the User has the option to pay the total amount of the order to the courier or at the parcel locker in cash or by bank card upon receipt of the ordered product(s).

By bank transfer: The User is obliged to transfer the value of the ordered products to the bank account specified in the confirmation email within 3 days. After the amount is credited to the Service Provider's bank account, the User is entitled to receive the product(s) in the manner specified by them. Contracted partner Users have the option to pay later.

By online bank card: The User has the option to pay the total value of the order online by bank card through the secure payment system of the financial service provider utilized by the Service Provider. 

5.5.2.    Shipping cost (gross amounts):

Detailed rules for shipping costs can be found on the following page: 

https://www.bearings.hu/hazhozszallitas

5.6.    Should an error or omission occur in the webshop regarding products or prices, we reserve the right to make corrections. In such a case, after identifying or modifying the error, we will immediately inform the buyer of the new data. The User may then reconfirm the order or withdraw from the contract.

5.7.    The final amount payable, based on the order summary and confirmation email, includes all costs. According to Section 6:127 of the Ptk., the User is obliged to examine the package without delay, preferably in front of the courier upon delivery, and in case of any damage observed on the products or packaging, must request a report to be drawn up; in case of damage, they are not obliged to accept the package. If the User fails to examine the package, they commit a breach of contract and bear the consequences thereof (difficulty in proving the condition of the product). The product(s) are delivered on weekdays between 8 AM and 5 PM. 

5.8.    After providing the data, the User can submit their order by clicking the "order" button, but before that, they can re-check the entered data, and can also send a comment with their order, or indicate any other order-related wishes via email.

5.9.    By placing the order, the User acknowledges that a payment obligation arises.

5.10.    Correction of data entry errors: Before completing the order process, the User can always go back to the previous phase to correct the entered data. In detail: During the order, it is possible to view and modify the contents of the cart; if the cart does not contain the desired quantity, the User can enter the desired quantity in the input field in the quantity column. If the User wishes to delete products from the cart, they click the "X" "delete" button. During the order, the User continuously has the opportunity to correct/delete the entered data. 

5.11.    The User will receive an email confirmation after sending the order. If this confirmation does not arrive to the User within the expected timeframe, depending on the nature of the service, but at the latest within 48 hours from sending the User's order, the User is released from the offer's binding nature or contractual obligation. The order and its confirmation are deemed to have arrived to the Service Provider or the User when they become accessible to them. The Service Provider disclaims responsibility for confirmation if the confirmation does not arrive on time because the User provided an incorrect email address during registration or cannot receive messages due to the mailbox associated with their account being full.

5.12.    The User acknowledges that the confirmation mentioned in the previous point is merely an automatic confirmation and does not create a contract. The contract is formed when the Service Provider, following the automatic confirmation mentioned in the previous point, notifies the User via a new email about the details of the order and its expected fulfillment. 

6. ORDER PROCESSING AND FULFILLMENT

6.1.  Orders are processed on business days during working hours, in the order of their arrival. It is possible to place an order outside the designated order processing times; if an order is placed after working hours, it will be processed on the next business day. The Service Provider's customer service will always confirm electronically when your order can be fulfilled. 

6.2.  General fulfillment deadline: within 1-2 business days from the conclusion of the contract. 

6.3.  Based on the sales contract, the Service Provider is obliged to transfer ownership of the goods, and the User is obliged to pay the purchase price and take delivery of the goods.

6.4.  If the seller is an enterprise and the buyer is a consumer, and the seller undertakes to deliver the goods to the buyer, the risk of loss transfers to the buyer when the buyer or a third party designated by them takes possession of the goods. The risk of loss transfers to the buyer upon delivery to the carrier if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.

6.5.  The obligor is in default if they fail to perform the service when due. If the obligor is in default, the entitled party may demand performance, or if their interest in the performance of the contract has ceased due to the delay, they may withdraw from the contract. In the event of the Service Provider's delay, the User is entitled to set an additional deadline. If the seller fails to perform within the additional deadline, the buyer is entitled to withdraw from the contract.

6.6.  The User is entitled to withdraw from the contract without setting an additional deadline ifa) the Service Provider refused to perform the contract; orb) the contract should have been performed at the specified time – and not at any other time – according to the agreement of the parties or due to the recognizable purpose of the service.

If the Service Provider is in default, the User may demand performance, or if their interest in the performance of the contract has ceased due to the delay, they may withdraw from the contract.The User does not need to prove that their interest in performance has ceased ifa) the contract should have been performed at the specified time – and not at any other time – according to the agreement of the parties or due to the recognizable purpose of the service; orb) the entitled party set an appropriate additional deadline for subsequent performance, and the additional deadline expired without result.6.7.  If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available, it is obliged to inform the User immediately, and to promptly refund the amount paid by the User, and furthermore, the Service Provider is obliged to ensure that the User exercises other rights guaranteed by law in case of faulty performance.

6.8.   The Service Provider draws the Users' attention to the fact that if the User fails to take delivery of the ordered product(s) (regardless of payment method) that have been duly performed under the contract, they commit a breach of contract, specifically falling into default according to Section 6:156 (1) of the Ptk.

This means that the Service Provider, based on the rules of management without mandate – if the Consumer does not indicate their intention to withdraw (and does not declare whether they wish to take delivery of the ordered product(s)) – will also enforce against the Users the usual costs of storage related to the product(s) and the shipping costs (including cash on delivery fee, if any) (round trip).

The Service Provider calls the Users' attention to the fact that to enforce its legal claims arising in this manner, it will use the assistance of its lawyers, and thus other (legal) costs arising from the breach of contract (including the fees of payment order proceedings) will also be borne by the User.

7. RIGHT OF WITHDRAWAL

7.1.    In accordance with Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer has the right of withdrawal without justification.

 The consumer can exercise their right of withdrawal or termination

a) in the case of a contract for the sale of goods

aa) for the product,

ab) in the case of the sale of multiple products, if the delivery of the individual products occurs at different times, for the last delivered product,

ac) in the case of a product consisting of multiple lots or pieces, for the last delivered lot or piece,

ad) if the product is to be supplied regularly over a specified period, for the first supply,

the consumer or a third party designated by them, other than the carrier, may exercise this right within fourteen days from the date of receipt.

If the Service Provider provides services, the consumer may exercise their right of withdrawal or termination in the case of a contract for the provision of services within fourteen days from the date of conclusion of the contract.

 If the Service Provider fails to comply with this information, the 14-day withdrawal period shall be extended by twelve months. If the Service Provider provides the information after the expiry of 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the deadline for withdrawal is 14 days from the communication of this information.

7.2.    The Consumer may exercise their right of withdrawal by an unambiguous statement to that effect, or by using the declaration sample specified in Annex 2 of Government Decree 45/2014. (II.26.).

7.3.    The period for exercising the right of withdrawal expires 14 days after the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the product.

7.4.    The Consumer may exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.5.    The direct cost of returning the product shall be borne by the Consumer; the Service Provider has not undertaken to bear this cost.

7.6.    When exercising the right of withdrawal, the Consumer shall not bear any costs other than the cost of returning the product.

7.7.    The Consumer does not have the right of withdrawal in the case of non-prefabricated goods produced according to the Consumer's instructions or explicit request, or in the case of products clearly customized for the consumer.

7.8.    The Consumer also cannot exercise their right of withdrawal (full list of exceptions based on the decree, Section 29 (1)):

a) in the case of a contract for the provision of services, after the complete performance of the service, however, if the contract generates a payment obligation for the consumer, only if the performance began with the consumer's explicit prior consent and acknowledgment by the consumer that they will lose their right of withdrawal once the enterprise has completely performed the contract;b)  with regard to goods or services whose price or fee depends on fluctuations in the financial market beyond the control of the enterprise, which may occur even within the deadline specified in Section 20 (2);c) in the case of non-prefabricated goods produced according to the consumer's instructions or explicit request, or goods clearly customized for the consumer;d) with regard to perishable goods or goods whose quality deteriorates rapidly;e) with regard to sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer after delivery;f) with regard to goods which are, by their nature, inseparably mixed with other goods after delivery;g) with regard to alcoholic beverages whose actual value is dependent on fluctuations in the market beyond the control of the enterprise, and whose price was agreed upon by the parties at the time of concluding the sales contract, but the performance of the contract takes place only after the thirtieth day following the conclusion;h) in the case of a service contract where the enterprise visits the consumer at the consumer's explicit request to carry out urgent repair or maintenance work;i) with regard to the sale of sealed audio or video recordings and computer software, if the consumer has unsealed the packaging after delivery;j) with regard to newspapers, periodicals, and magazines, with the exception of subscription contracts;k) in the case of contracts concluded at a public auction;l) in the case of a contract for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, if a specific date or period of performance is provided for in the contract;m) with regard to the supply of digital content which is not supplied on a tangible medium, if the enterprise began performance with the consumer's explicit, prior consent and the consumer, at the same time as giving this consent, declared that they acknowledged that they would lose their right of withdrawal/termination under Section 20 after the start of performance, and the enterprise sent a confirmation to the consumer in accordance with Section 12 (2) or Section 18.

7.9.    The Service Provider shall refund the total amount paid by the consumer as consideration, including costs incurred in connection with the performance, without delay, but no later than fourteen days from becoming aware of the withdrawal from the distance contract. At the same time, the Service Provider has a right of retention.

7.10.    During the refund, the Service Provider shall use the same payment method as was used during the original transaction, unless the Consumer explicitly consents to the use of another payment method; the Consumer shall not incur any additional costs as a result of using this refund method.

7.11.    The Consumer must return or hand over the goods to the Service Provider without undue delay, and in no event later than 14 days from the date on which they notified the Service Provider of their withdrawal from the contract. If the enterprise also sells goods in a physical store and the consumer exercises their right of withdrawal in person at the enterprise's physical store, they are entitled to return the goods to the enterprise at the same time.

7.12.    In case of written withdrawal, it is sufficient for the Consumer to send the declaration of withdrawal within 14 days.

7.13.    The Consumer complies with the deadline if they return or hand over the product(s) before the expiration of the 14-day period. The return is considered to be completed within the deadline if the Consumer sends the product before the deadline expires.

7.14.    The consumer shall bear only the direct cost of returning the product. 

7.15.    The Service Provider is not obliged to reimburse the Consumer for additional costs arising from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider.

7.16.    The Service Provider may withhold the refund until it has received the goods back, or the Consumer has supplied evidence of having sent them back: the earlier of the two dates shall be taken into account.

7.17.    If the Consumer wishes to exercise their right of withdrawal, they can indicate this through any of the Service Provider's contact channels in writing (even with the help of the attached declaration), by phone, or even in person. In the case of written notification, the time of mailing / handing over to courier / sending email is taken into account, and in the case of phone notification, the time of the phone call. 

7.18.    The Consumer is only liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the product. 

7.19.    Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses (hereinafter: R) is available here .

7.20.    Directive 2011/83/EU of the European Parliament and of the Council is available here .

7.21.    The Consumer may also contact the Service Provider with other complaints using the contact details provided in these Regulations.

7.22.    The right of withdrawal is only available to Users who qualify as Consumers under the Civil Code.

7.23.    The right of withdrawal does not apply to an enterprise, i.e., a person acting within the scope of their profession, independent occupation, or business activity.

7.24.  (Applicable only if the Service Provider also provides services in addition to sales.) 

If the Consumer terminates a distance contract after the start of performance, they are obliged to pay the enterprise a fee proportionate to the service performed until the time the termination was communicated to the enterprise. The amount to be paid proportionally by the Consumer must be determined based on the total amount of consideration, including tax, stipulated in the contract. If the Consumer proves that the total amount determined in this way is excessively high, the proportionate amount must be calculated based on the market value of the services performed until the termination of the contract. When determining the market value, the consideration for identical services provided by enterprises performing identical activities at the time of concluding the contract must be taken into account.When exercising the right of withdrawal/termination, the consumer does not bear the following costs:a) the full or partial costs of performing a service contract ifaa) the enterprise failed to comply with its information obligation prescribed in Section 11 (1) i) or k) of Regulation R, orab) the consumer did not request the commencement of the service performance before the expiry of the deadline specified in Section 20 (2) of Regulation R, according to Sections 13 and 19 of Regulation R;b)  the full or partial costs of providing digital content not supplied on a tangible medium ifba) the consumer did not give their explicit, prior consent for the performance to begin before the expiry of the deadline specified in Section 20 (2) of Regulation R,bb) the consumer, at the same time as giving their consent under point ba), did not declare their acknowledgment that by giving their consent they lose their right under Section 20 of Regulation R, orbc) the enterprise failed to provide the confirmation prescribed in Section 12 (2) or Section 18 of Regulation R.7.25.    Procedure for exercising the right of withdrawal:

7.25.1.    If the Consumer wishes to exercise the right of withdrawal, they are obliged to notify the Service Provider of their intention to withdraw via the Service Provider's contact details.

7.25.2. The Consumer exercises their right of withdrawal within the deadline if they send their declaration of withdrawal before the expiration of the 14th day from the receipt of the product. In the case of written withdrawal, it is sufficient to send the declaration of withdrawal within 14 days.

7.25.3. In case of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than within 14 days from the communication of their declaration of withdrawal, or hand it over to the service provider. The deadline is considered met if the product is dispatched before the 14-day period expires (i.e., it does not have to arrive within 14 days). The customer bears the direct costs associated with the return of the goods due to the exercise of the right of withdrawal. If the business also sells the goods in a physical store, and the consumer exercises their right of withdrawal in person at the business's premises, they are entitled to return the goods to the business at the same time.

7.25.4. The Consumer may also exercise their right of withdrawal in the period between the date of concluding the contract and the date of receiving the product.

7.25.5. In the case of the sale of multiple products, if the delivery of the individual products occurs at different times, the buyer may exercise the right of withdrawal within 14 days from the receipt of the last delivered product, or, in the case of a product consisting of multiple items or pieces, the last delivered item or piece.

8. WARRANTY, LIABILITY FOR DEFECTS

Defective performance

The Service Provider performs defectively if the service, at the time of performance, does not meet the quality requirements stipulated in the contract or by law. The Service Provider does not perform defectively if the entitled party knew of the defect at the time of concluding the contract, or should have known of the defect at the time of concluding the contract.

In a contract between a consumer and a business, any stipulation that deviates from the provisions of this chapter regarding liability for defects and warranty to the detriment of the Consumer is void.

Multiple rights of liability for defects are only available to Users qualifying as consumers under the Civil Code.

User qualifying as a business: a person acting within the scope of their profession, independent occupation, or business activity.

Liability for defects

8.1. In what cases can the User exercise their right to liability for defects?

In the event of defective performance by the Service Provider, the User may assert a claim for liability for defects against the Service Provider in accordance with the rules of the Civil Code.

8.2. What rights are the User entitled to based on their claim for liability for defects?

The User may – at their discretion – assert the following claims for liability for defects: they may request repair or replacement, unless the fulfillment of the claim chosen by the User is impossible or would incur disproportionate additional costs for the business compared to the fulfillment of another claim. If they have not requested, or could not have requested, repair or replacement, they may demand a proportional reduction of the consideration or – as a last resort – withdraw from the contract. They may switch from one chosen right of liability for defects to another, but the User bears the cost of such a switch, unless it was justified or caused by the business.

The Consumer is also entitled – commensurate with the severity of the breach of contract – to demand a proportional reduction of the consideration or to terminate the sales contract if

a) the business has not carried out the repair or replacement, or has carried it out but has not performed the dismantling and re-installation in part or in whole, or has refused to make the goods conform to the contract;

b) a repeated defect in performance has occurred, despite the business having attempted to make the goods conform to the contract;

c) the defect in performance is so severe that it justifies an immediate price reduction or immediate termination of the sales contract; or

d) the business has not undertaken to make the goods conform to the contract, or it is obvious from the circumstances that the business will not make the goods conform to the contract within a reasonable timeframe or without causing significant detriment to the Consumer.

If the Consumer wishes to terminate the sales contract citing defective performance, the burden of proof that the defect is insignificant rests with the business.

The Consumer is entitled to withhold part or all of the remaining purchase price – commensurate with the severity of the breach of contract – until the business fulfills its obligations regarding the conformity of performance and defective performance.

The reasonable deadline for carrying out the repair or replacement of the goods must be calculated from the moment the Consumer notified the business of the defect.

The consumer must make the goods available to the business for the purpose of carrying out the repair or replacement.

In the case of a contract between a consumer and a business, the business must ensure the return of the replaced goods at its own expense. If the repair or replacement necessitates the removal of goods that were installed in accordance with the nature and purpose of the goods – before the defect became apparent – then the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement or repaired goods, or bearing the costs of removal and installation.

The reduction of the consideration is proportional if its amount equals the difference between the value of the goods due to the Consumer in case of conforming performance and the value of the goods actually received by the Consumer.

The Consumer's right to terminate a sales contract based on liability for defects may be exercised by a legal declaration expressing the decision to terminate, addressed to the business.

If the defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate the contract exist with respect to those, the Consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired with them, if it cannot reasonably be expected of the Consumer to retain only the goods conforming to the contract.

If the Consumer terminates the sales contract in its entirety or with respect to a part of the goods supplied under the sales contract, then

a) the Consumer must return the affected goods to the business at the business's expense; and

b) the business must immediately refund the purchase price paid by the Consumer for the affected goods, as soon as it has received the goods or proof of their return.

8.3. Within what deadline can the User assert their claim for liability for defects?

The User (if qualifying as a consumer) is obliged to notify the defect immediately after its discovery, but no later than two months from the discovery of the defect. At the same time, we draw your attention to the fact that beyond the two-year (1 year in the case of businesses or used products) limitation period calculated from the performance of the contract, you can no longer assert your rights of liability for defects. (For products with an expiry date, liability for defects can be asserted until the end of the expiry period).

In the case of goods containing digital elements, where the sales contract provides for the continuous provision of digital content or digital service for a specified period, the business is liable for defects related to the digital content or digital service of the goods if the defect

a) in the case of continuous service for a period not exceeding two years, within two years from the performance of the goods; or

b) in the case of continuous service for a period exceeding two years, during the entire period of continuous service

occurs or becomes apparent.

8.4. Against whom can the User assert their claim for liability for defects?

The User may assert their claim for liability for defects against the Service Provider.

8.5. What other conditions are there for asserting rights of liability for defects (if the User qualifies as a consumer)?

Within 1 year from the performance, there are no other conditions for asserting a claim for liability for defects beyond notifying the defect, if the User proves that the product or service was provided by the business operating the webshop. However, after 1 year from the performance, the User is obliged to prove that the defect identified by the User already existed at the time of performance.

Product Liability

8.6. In what cases can the Consumer exercise their right of product liability and what rights are the Consumer entitled to based on their product liability claim?

In the event of a defect in a movable asset, the Consumer may – at their discretion – exercise their right of liability for defects or assert a product liability claim in accordance with the rules of the Civil Code.

As a product liability claim, the Consumer may request the repair or replacement of the defective product.

8.7. Against whom can the Consumer assert their product liability claim?

You may exercise your product liability rights against the producer or distributor of the product (hereinafter collectively: the manufacturer).

8.8. In what cases is a product considered defective?

A product is defective if it does not meet the quality requirements in force at the time of its placing on the market, or if it does not possess the characteristics described by the manufacturer.

8.9. Within what deadline can the Consumer assert their product liability claim?

The Consumer may assert their product liability claim within two years from the product being placed on the market by the manufacturer. After this deadline, this right is lost.

8.10. What rule of proof applies when asserting a product liability claim?

When asserting a product liability claim, you must prove that the product defect existed at the time it was placed on the market by the manufacturer.

8.11. In what cases is the manufacturer exempt from its product liability obligation?

The manufacturer is exempt from its product liability obligation if it can prove that

- the product was not manufactured or placed on the market within the scope of its business activity, or

- the defect was not discernible at the time of its placing on the market according to the state of scientific and technical knowledge, or

- the product defect resulted from the application of a legal regulation or a mandatory official order.

The manufacturer only needs to prove one reason to be exempt.

Please note that the Consumer may assert both a claim for liability for defects against the business and a product liability claim against the manufacturer simultaneously, for the same defect. If the Consumer successfully asserts their product liability claim, they can only assert their claim for liability for defects concerning the replaced product, or the part of the product affected by repair, against the manufacturer thereafter.

Warranty (for new durable consumer goods)

8.12. In what cases can the Consumer exercise their warranty right?

In the event of defective performance, the Service Provider is obligated to provide a warranty for certain durable consumer goods in accordance with Government Decree 151/2003. (IX. 22.) on mandatory warranty for certain durable consumer goods, if the user qualifies as a Consumer.

8.13. What rights are the Consumer entitled to under the warranty and within what deadline?

The warranty period:

a) two years for a sales price reaching 10,000 Forints but not exceeding 250,000 Forints,

b) three years for a sales price above 250,000 Forints.

Failure to observe these deadlines results in forfeiture of rights.

The warranty period begins on the day the consumer good is handed over to the Consumer, or if the installation is carried out by the Service Provider or its authorized representative, on the day of installation.

If the Consumer has the consumer good installed more than six months after its handover, the warranty period begins on the date of handover of the consumer good.

The Consumer may notify their claim for repair directly, at their discretion, at the Service Provider's registered office, any of its premises, branch offices, and at the repair service indicated by the business on the warranty certificate.

Based on their warranty claim, the entitled party may, at their discretion,

Withdrawal is not permissible due to an insignificant defect.

Efforts to adhere to the 15-day period

Pursuant to Section 5 of NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling claims for liability for defects and warranties concerning goods sold under a contract between a consumer and a business, the Service Provider must endeavor to carry out the repair or replacement within 15 days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the Consumer about the expected duration of the repair or replacement. This information shall be provided electronically or by other means suitable for verifying the consumer's receipt, with the Consumer's prior consent.

If it turns out that the product cannot be repaired

If, during the first repair of the consumer good within the warranty period, the Service Provider determines that the consumer good cannot be repaired, then in the absence of a different stipulation by the Consumer, the Service Provider is obliged to replace the consumer good within 8 days. If replacement of the consumer good is not possible, the Service Provider is obliged to refund the purchase price to the Consumer within 8 days.

If the product breaks down for the fourth time

If, during the warranty period, the consumer good breaks down again after being repaired three times, the business is obliged – in the absence of a different stipulation by the consumer – to replace the consumer good within eight days. If replacement of the consumer good is not possible, the business is obliged to refund the purchase price indicated on the warranty certificate, or in its absence, on the document presented by the consumer proving payment for the consumer good – such as an invoice or receipt issued under the Value Added Tax Act – to the consumer within 8 days.

If repair is not successful within 30 days

If the consumer good is not repaired by the 30th day from the communication of the repair request to the business, the business is obliged – in the absence of a different stipulation by the consumer – to replace the consumer good within 8 days following the unsuccessful expiration of the thirty-day deadline. If replacement of the consumer good is not possible, the business is obliged to refund the purchase price indicated on the warranty certificate, or in its absence, on the document presented by the consumer proving payment for the consumer good – such as an invoice or receipt issued under the Value Added Tax Act – to the consumer within 8 days following the unsuccessful expiration of the 30-day repair deadline.

The provisions of the above three exemptions do not apply to electric bicycles, electric scooters, quads, motorcycles, mopeds, passenger cars, motorhomes, caravans, trailer caravans, trailers, and motorized watercraft.8.14. When is the business exempt from its warranty obligation?

The Service Provider is only exempt from its warranty obligation if it proves that the cause of the defect arose after performance. Please note that the Consumer may assert both a claim for liability for defects and a warranty claim, as well as a product liability claim and a warranty claim, simultaneously and in parallel for the same defect. However, if the Consumer has successfully asserted a claim arising from defective performance for a specific defect (for example, the business replaced the product), they can no longer claim on a different legal basis for the same defect.

8.15. The Service Provider is not liable under warranty beyond the warranty period (professionally expected lifespan) for damages resulting from natural wear and tear/depreciation.

8.16. Furthermore, the Service Provider is not liable under liability for defects or warranty for damages arising from faulty or negligent handling, excessive use, or exposures other than those specified, or other improper use of the products, after the transfer of risk.

8.17. If the Consumer asserts a replacement claim due to a defect in the consumer good within three working days from the purchase (or installation), the Service Provider is obliged to replace the consumer good, provided that the defect prevents its intended use.

8.18. What further requirements can be imposed as a condition for exercising warranty rights?

Special requirements (e.g., periodic inspections) may be imposed on the consumer for the proper installation or maintenance of a consumer good, provided that proper installation or maintenance cannot be ensured otherwise, and fulfilling the requirement does not impose a disproportionate burden on the consumer.

8.19. The list of consumer goods subject to mandatory warranty can be found here: Decree 10/2024. (VI. 28.) IM on the determination of the scope of durable consumer goods subject to mandatory warranty

9. PROCEDURE IN CASE OF A CLAIM FOR LIABILITY FOR DEFECTS

(FOR USERS QUALIFYING AS CONSUMERS)

9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling claims for liability for defects and warranties concerning goods sold under a contract between a consumer and a business, to the detriment of the consumer.

9.2. The Consumer's obligation is to prove the conclusion of the contract (with an invoice, or even just a receipt).

9.3. Costs related to the fulfillment of the liability for defects obligation are borne by the Service Provider (Civil Code Section 6:166).

9.4. The Service Provider is obliged to draw up a report on the Consumer's claim for liability for defects or warranty claim reported to it.

9.5. A copy of the report must be provided to the Consumer without delay, in a verifiable manner.

9.6. If the Service Provider cannot make a statement regarding the feasibility of the Consumer's claim for liability for defects or warranty claim at the time of its notification, it is obliged to inform the Consumer of its position – including the reason for rejection in case of rejection of the claim and the possibility of recourse to the conciliation body – within five working days, in a verifiable manner.

9.7. The Service Provider is obliged to retain the report for three years from the date of its creation and to present it upon request by the supervisory authority.

9.8.    The Service Provider must endeavor to carry out the repair or replacement within a maximum of fifteen days. If the duration of the repair or replacement exceeds 15 days, the Service Provider is obliged to inform the Consumer about the expected duration of the repair or replacement. This information shall be provided electronically with the Consumer's prior consent, or by other means suitable for verifying receipt by the Consumer.

10. MISCELLANEOUS PROVISIONS

10.1.    The Service Provider is entitled to use an auxiliary person for the fulfillment of its obligations. The Service Provider shall bear full responsibility for the unlawful conduct of such person, as if it had committed the unlawful conduct itself.

10.2.    If any part of these Regulations becomes invalid, unlawful, or unenforceable, it shall not affect the validity, legality, and enforceability of the remaining parts. 

10.3.    Should the Service Provider fail to exercise a right granted to it under these Regulations, such failure to exercise a right shall not be deemed a waiver of that right. Any waiver of a right shall only be valid if made in an explicit written statement to that effect. The fact that the Service Provider does not strictly adhere to any essential condition or stipulation of these Regulations on one occasion does not mean that it waives its right to strictly adhere to that condition or stipulation in the future.

10.4.    The Service Provider and the User shall endeavor to settle their disputes amicably. 

10.5.    The Parties acknowledge that the Service Provider's webshop operates in Hungary, and its maintenance is also performed here. Since the site can be visited from other countries, users expressly acknowledge that Hungarian law shall be the governing law in the relationship between the user and the Service Provider. If the user is a consumer, then, pursuant to Section 26 (1) of the Code of Civil Procedure, the court having jurisdiction over the defendant's (Consumer's) domestic place of residence shall have exclusive jurisdiction in disputes arising from this contract against the Consumer. 

10.6.    The Service Provider does not apply different general access conditions regarding access to products found in the webshop based on the User's nationality, place of residence, or place of establishment.

10.7.    The Service Provider – in respect of the payment methods accepted by it – does not apply different conditions for payment transactions due to reasons related to the User's nationality, place of residence or establishment, the place where the payment account is held, the place of establishment of the payment service provider, or the place of issuance of the cash-substitute payment instrument within the European Union.

10.8.    The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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.

11. COMPLAINT HANDLING PROCEDURE

(FOR USERS QUALIFYING AS CONSUMERS)

11.1. The Service Provider's objective is to fulfill all orders with appropriate quality and to the complete satisfaction of the customer. 

11.2. Consumers may submit their complaints to the business orally or in writing.

11.3. The business shall immediately investigate oral complaints and remedy them as necessary.

11.4. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business shall promptly draw up a report on the complaint and its position regarding it, and proceed according to the rules for written complaints.

11.5. The business shall provide a copy of the report to the consumer

a) hand it over on the spot in the case of an oral complaint made in person,

b) send it at the latest simultaneously with the substantive response in the case of an oral complaint made by telephone or using other electronic communication services – unless the consumer has not provided all necessary data for handling the complaint, as per point 11.8.

11.6. The business is obliged to provide an unique identification number for oral complaints made by telephone or using electronic communication services.

11.7. The report drawn up regarding the complaint must contain the following:

a) the consumer's name, address, or email address,

b) the place, time, and method of submitting the complaint,

c) a detailed description of the consumer's complaint, a list of documents, papers, and other evidence presented by the consumer,

d) the business's statement regarding its position on the consumer's complaint, if an immediate investigation of the complaint is possible,

e) the signature of the person drawing up the report and – with the exception of oral complaints made by telephone or other electronic communication services – the consumer's signature,

f) the place and time of drawing up the report,

g) in the case of an oral complaint made by telephone or using other electronic communication services, the unique identification number of the complaint, and

h) a warning regarding the provisions of paragraph 11.8.

11.8. If, during the drawing up of the report, the consumer fails to provide the data specified in points 11.7. a) and c), or refuses to sign the report as per point 11.7. e), the business shall omit the application of the provisions in point 11.9. when handling the oral complaint.

11.9. The business is obliged to provide a substantive written response to a written complaint in a verifiable manner within thirty days of its receipt, and to arrange for its communication – unless a directly applicable legal act of the European Union stipulates otherwise. A shorter deadline may be set by law, a longer one by an act. The business must provide reasons for its position if it rejects the complaint.

11.10. If the business provides an electronic interface or form for submitting written complaints, it is obliged to immediately acknowledge receipt of the written complaint at the email address provided by the consumer.

11.11. The business is obliged to retain the report drawn up on the oral complaint or the written complaint, as well as a copy of its substantive response to the complaint, for three years, and to present it upon request by the controlling authority.

11.12. In case of rejecting a complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body's procedure they may initiate, depending on the nature of the complaint. The information must also include the seat, telephone and internet contact details, and postal address of the competent authority or the conciliation body according to the consumer's domicile, place of residence, or registered office. The information must also cover whether the business has made a general declaration of submission.

11.13. The business may waive the investigation of a repeated complaint made by the same consumer, identical in content to a previously substantively answered complaint, containing no new information, as well as a consumer complaint made by an unidentifiable person.

11.14. We inform you that in case your complaint is rejected, you may initiate proceedings with an authority or a conciliation body, as follows (the Service Provider has not made a general declaration of submission):

11.15. The Consumer may turn to the consumer protection authority with a complaint:

Pursuant to paragraphs (1)-(3) of Section 45/A of the Fgytv. and Government Decree 326/2024. (XI. 14.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok

11.16. In case of a complaint, the Consumer has the option to turn to a conciliation body, the contact details of which can be found here:

11.17.  The conciliation body is competent to settle consumer disputes out of court. The task of the conciliation body is to attempt to reach an agreement between the parties to settle the consumer dispute, and in case of unsuccessfulness, to make a decision in the matter to ensure the simple, quick, effective, and cost-efficient enforcement of consumer rights. Upon request of the consumer or the Service Provider, the conciliation body provides advice regarding the rights and obligations of the Consumer.

In conciliation body proceedings, in the absence of an agreement, the panel shall decide on the merits of the case

a)  issue a binding decision if

aa) the claim is well-founded, and the business – in its general declaration of submission under Section 36/C, registered with the conciliation body or the chamber, or communicated in its commercial communication – acknowledged the decision of the conciliation body as binding upon itself at the start of the proceedings or at the latest by the time the decision is rendered, or

ab) the business has not made a declaration of submission, but the claim is well-founded and the consumer's intended claim – neither in the application nor at the time of issuing the binding decision – does not exceed two hundred and fifty thousand forints, or

b) makes a recommendation if the claim is well-founded, but the business declared at the beginning of the proceedings that it does not recognize the panel's decision as binding, or if it made no declaration at all regarding the recognition of the panel's decision.

11.18. In the case of a cross-border consumer dispute related to an online sales or online service contract, the conciliation body operated by the chamber designated by decree of the minister responsible for consumer protection shall be competent. 11.19.  The business has an obligation to cooperate in the conciliation body proceedings and, within this framework, is obliged to send its statement of defense to the conciliation body with the content specified in the Fgytv. and within the deadline mentioned therein. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the business is obliged to ensure the participation of a person authorized to reach a settlement at the hearing. In the online hearing, the business's representative authorized to reach a settlement is obliged to participate online. If the consumer requests a personal hearing, the business's representative authorized to reach a settlement is obliged to participate at least online in the hearing.

11.20.  If the Consumer does not turn to a conciliation body, or if the procedure does not lead to a resolution, the Consumer has the option to turn to a court to settle the dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:•    the court conducting the proceedings;•    the names, residences, and procedural status of the parties and their representatives;•    the right sought to be enforced, with the presentation of the facts on which it is based and their evidence;•    the data from which the court's jurisdiction and competence can be determined;•    a definite request for a court decision. The statement of claim must be accompanied by the document, or a copy thereof, to whose content it refers as evidence.

12. COPYRIGHTS

12.1.    As https://www.bearings.hu, as a website, qualifies as a copyrighted work, it is prohibited to download (reproduce), re-transmit to the public, use in any other way, electronically store, process, and sell any content or any part thereof appearing on the https://www.bearings.hu website without the written consent of the Service Provider - with the exception of legal documents, as the User may download the GTC and the data protection information without any conditions or restrictions, and store them in any form.

12.2.    Any information, image or text display, content element, or the appearance and character of the website from https://www.bearings.hu and its database may only be adopted, even with written consent, by referencing the specific website.

12.3..    The Service Provider reserves all rights to all elements of its service, its domain names, secondary domain names formed with them, and its internet advertising spaces.

12.4.    It is prohibited to adapt or reverse engineer the content of the https://www.bearings.hu website or any part thereof; to create user IDs and passwords in an unfair manner; to use any application that can modify or index the https://www.bearings.hu website or any part thereof.

12.5.    The name https://www.bearings.hu enjoys copyright protection, and its use, except for referencing, is only possible with the Service Provider's written consent.

12.6.   The User acknowledges that in case of unauthorized use, the Service Provider is entitled to a penalty. The amount of the penalty is gross HUF 60,000 per image, gross HUF 20,000 per word, and HUF 40,000/day. In case of copyright infringement, the Service Provider will apply a notarial fact certification, the cost of which will also be charged to the infringing user.  

13. DATA PROTECTION

The website's data protection information is available on the following page: https://www.bearings.hu//adatvedelem

Budapest, X., August 27, 2020.

13.1. DATA TRANSFER DECLARATION

The data controller does not transfer data to third parties, except for: 

Payment is processed through OTP SimplePay's secure online payment system. SimplePay acts as an independent data controller in accordance with its own data protection policy during the payment process. Bearings Kft. does not handle or store payment data (e.g., credit card details). 

I acknowledge that the following personal data stored in the user database of www.bearings.hu by Bearings Kft. (1105 Budapest, X., Gergely utca 3-9, tax number:  10888636-2-42, company registration number: 0109197917.) as data controller, will be transferred to SimplePay Zrt. as data processor. 

The scope of data transmitted by the data controller is as follows: 

The nature and purpose of data processing activities performed by the data processor can be viewed in the SimplePay Data Management Information, at the following link: https://simplepay.hu/vasarlo-aff

Sample Withdrawal Form

(to be completed and returned only if you wish to withdraw from the contract)

To: Bearings Kft. , 1105 Budapest, X., Gergely utca 3-9, info@bearings.hu , +36 1 2620508

I, the undersigned, declare that I exercise my right of withdrawal/termination for the purchase of the following product(s):

Date of order / Date of receipt:

Name(s) of consumer(s):

Address(es) of consumer(s):

Signature(s) of consumer(s) (only in case of written notification):

Date:   

Special Provisions

General Terms and Conditions

1. Scope of the Contract

These General Terms and Conditions apply to offers, order confirmations, invoices, and all other sales-related documents issued by Bearings Kereskedelmi és Szolgáltató Kft.

Any deviation from these GTC can only be agreed upon in writing with the signatures of both parties.

2. Drawings and Documents

Technical drawings, samples, and descriptions provided to the buyer and business partners in connection with the sale – with the exception of the user manual and product information typically accompanying the product – remain the property of BEARINGS Kft and must be returned to Bearings Kft after delivery of the product.

Their copying – even in excerpts – and their forwarding to third parties are only permitted with the prior written consent of Bearings Kft.

3. Prices

The prices in our offers are valid for 8 days from the date of issue, unless a different binding period is specified in the offer.

Prices stated in foreign currency in our offers are calculated and invoiced at the MNB (Hungarian National Bank) mid-exchange rate valid on the invoice date. 

Prices indicated in our offers are understood on a Bearings Kft warehouse parity basis. (EXW Budapest or Debrecen or Zalaegerszeg or Kecskemét  INCOTERMS 1990) Our offer prices do not include VAT.

4-1. Payment Terms

Our payment terms are communicated in our offers and invoices. Payment terms may vary individually per transaction and per customer.

For purchases made in the WEBSHOP, the following payment methods are available: - For personal pickup, payment by credit card at the time of order, or cash or credit card payment upon personal pickup. - For delivery by courier service, payment by credit card at the time of order or cash on delivery to the courier. - Payment by bank transfer is only available to our customers with a corresponding contract.  In case of a customer's request for deferred payment (bank transfer), Bearings Kft. will pre-qualify the customer through its internal procedure. Depending on the outcome of this qualification, deferred payment may be approved by the management of Bearings Kft. The details will be individually laid down in a separate written agreement with the customer.

Changes to payment terms are fundamentally influenced by the customer's prior payment discipline, which is examined for each purchase. Thus, Bearings Kft. reserves the right to unilaterally change payment terms until the moment of invoice issuance.

Based on individual assessment, Bearings Kft. reserves the right to make the fulfillment of certain  orders conditional on the full or partial advance payment of the agreed offer price, which we will explicitly state in our offer.

An invoice is considered settled when its full gross value has appeared on Bearings Kft's bank account or has been paid in cash into Bearings Kft's petty cash.

The rate of late payment interest is 30% (thirty percent) per annum, calculated on the gross total amount of the overdue supplier invoice, and its accounting is based on Section 6:48 of Act V of 2013 on the Civil Code. 

4-2. Right of Withdrawal / Return Guarantee

The rules of the right of withdrawal are governed by point 7 of the general part of the GTC.

5. Binding Offer

Our offer is valid for 8 days from its date of issue, or a different deadline will be explicitly indicated therein. After this deadline, our offer is considered invalid, and its contents are not binding on Bearings Kft.

A contract is concluded between Bearings Kft. and the Buyer if the Buyer places an order in accordance with the terms of Bearings Kft.'s offer during the binding period of the offer, and Bearings Kft. has sent a written order confirmation thereof.

Business managers, their deputies, and managing directors are authorized to sign offers issued by Bearings Kft. Only offers and contracts signed by the aforementioned persons are binding on Bearings Kft.

6. Delivery Deadline

The specified delivery period is understood from the receipt of the order, or in case of advance or prepayment, from the receipt of the full amount. 

If the delivery deadline indicated in the order confirmation differs from that stated in our offer, then the deadline in the order confirmation shall be the contractual delivery deadline.

Bearings Kft. will, of course, make every effort to meet the delivery deadline requested by the customer.

Should circumstances attributable to the Buyer cause a delay in delivery, the delivery deadline will be extended accordingly.

If the buyer anticipates being unable to accept the goods at the agreed time, they must inform Bearings Kft. in writing, specifying the new acceptance deadline.

The Buyer is obliged to fulfill their payment obligations even if they fail to accept, transport, or arrange for the transport of the goods within 3 business days following the expiry of the delivery deadline indicated in the order confirmation.  In this case, the payment deadline shall be understood as expiring from the contractual delivery deadline and will be indicated accordingly on the invoice at the time of its issuance.

Furthermore, the Buyer shall bear the costs of further storage and the risk of damage as if they had accepted the contractual product within the deadline. Bearings Kft. is also entitled to claim any damages potentially arising from delays due to circumstances attributable to the Buyer.

7. Terms of Performance

Unless otherwise agreed, quantitative fulfillment takes place at the Bearings Kft. premises where the contract was concluded with the Buyer.

Unless otherwise agreed, quality acceptance  takes place at the Buyer's premises. Unless otherwise agreed, quantitative acceptance  takes place at the Buyer's premises. The buyer undertakes to accept the goods delivered for their order, or handed over to them at the Bearings Kft. premises, item by item, and to ensure their complete quantity and integrity. By signing the delivery note or invoice accompanying the goods, the buyer acknowledges receipt of the goods in a complete state regarding quantity and an impeccable state regarding integrity. The buyer  acknowledges that after the handover and acceptance of the goods, they cannot raise objections regarding quantity or quality related to the integrity of the goods. If the buyer is unable to verify the quality or quantity of the delivered goods for any reason at the time of acceptance, they must refuse acceptance and prepare a report detailing the reasons for the impossibility of acceptance. This report must also be signed by Bearings Kft.'s representative present on site or by the authorized person entrusted with the handover by the delivery service. If the buyer does not proceed as stated above, or if they neglect the detailed quality and quantitative  acceptance for any reason, or if they do not ascertain the integrity of the goods or refuse it, they cannot subsequently make a complaint regarding discrepancies arising therefrom, and by their implied conduct, they waive the right to quantitative complaints.

Bearings Kft. does not assume responsibility for quality defects arising from improper transport, storage, installation, or operating conditions after the handover of the goods.

8. Retention of Title

We retain title to all products delivered to the Buyer until full payment of the purchase price and all incidental costs,  and until the buyer has fulfilled all their obligations arising from our business relationship. Resale, pledging, or transfer of title as security for these products to a third party is invalid without our prior written consent.

9. Order (Contract) Termination

If, after receiving the cancellation of an order or contract, we can cancel it with the manufacturer or Bearings Kft.'s supplier, the cancellation will have no consequences.

If, after receiving the cancellation of an order or contract, Bearings Kft. sees an opportunity to sell the canceled product to other Buyer(s) within 30 days following the delivery deadline, the cancellation will have no consequences. If, after receiving the cancellation of an order or contract, we can no longer cancel it with the manufacturer or Bearings Kft.'s supplier, and there is no apparent possibility of selling it to a third Buyer, then in case the Buyer refuses to accept the goods, the Buyer is obliged to pay 100% of the value of the ordered goods as compensation to Bearings Kft. If, before the fulfillment of an order, Bearings Kft. makes the fulfillment conditional on advance payment, issues a proforma invoice thereof, which the Buyer accepts and financially settles, and then subsequently withdraws from or cancels the order, the amount paid on the proforma invoice will be accounted for according to the note also indicated on the proforma invoice: "By fulfilling this proforma invoice, the Buyer acknowledges and irrevocably accepts that in case of withdrawal from the order or cancellation of the order after the fulfillment of the proforma invoice, the full amount of the proforma invoice is due to the Supplier as compensation. Since no delivery is made in such a case, no invoice will be issued. In this case, the proforma invoice qualifies as an accounting document."

Bearings Kft. is entitled to claim any further damages potentially incurred beyond this.

10. Complaints in case of B2B salesQuantitative acceptance can only be accepted exclusively at the time of goods receipt at the relevant premises of Bearings Kft., or in case of delivery, with the colleague performing the delivery.  We do not accept quantitative complaints after the acceptance of the goods.

If a delivered product is found to be faulty before installation, it will be immediately replaced after investigation, or the purchase price will be refunded in justified cases. Bearings Kft. has 30 days by law to investigate the complaint and respond.

If a delivered product is found to be faulty after installation, Bearings Kft. must be immediately informed by filling out our standard complaint form.  We will begin the investigation within 48 hours. During the investigation, our colleague must be provided with the

-         technological description of the installation-         declaration of the employee performing the installation, stating that they complied with the installation technology-         document certifying the qualifications of the employee performing the installation, based on which they are a person with sufficient qualifications for the installation-         The equipment's operating log

If the Buyer does not accept the expert opinion of Bearings Kft.'s specialist, then an expert acceptable to both parties will be commissioned to conduct the investigation, and its outcome will be binding on both parties.

If the delivered product is found to be faulty during the investigation, it will be immediately replaced, or the purchase price will be refunded in justified cases. In this case, Bearings Kft. is obliged to cover the costs of the commissioned expert.

Bearings Kft.'s liability for damages extends to the value of the faulty component.

In the event of an unjustified complaint, the Buyer is obliged to reimburse Bearings Kft. for all costs incurred during the investigation, as well as all costs and fees of any jointly commissioned expert. The Seller is liable if the Buyer suffers damage or loss due to a faulty product, unless the damage is caused by the Buyer's negligence. Consequently, the compensation for the damage caused shall not exceed the net value of the product as stated on the invoice, or in its absence, in the order.

 For any loss, damage, penalty, or liquidated damages incurred by the Buyer due to late delivery to the customer or lack of performance, as well as for other damages, penalties, or refunds arising in connection with the contract between the Buyer and their customer, the Seller's liability is limited to the net value of the goods recorded in the delivery contract between Bearings Kft. and its buyer, or in its absence, in the order.

 11. Return of Sold Goods

The buyer may return the purchased goods in their undamaged factory packaging within 3 business days of purchase, and Bearings Kft. will take them back and provide an opportunity to redeem the value of the returned goods. An exception to the above is any item that Bearings Kft. procured at the specific request of the buyer (custom order). Bearings Kft. cannot take back such items, as their subsequent sale in another direction would be entirely uncertain, thereby causing damage to Bearings Kft.

 12. Force Majeure

Bearings Kft. assumes no responsibility for late deliveries due to force majeure. If the hindrance caused by force majeure lasts longer than 3 months, the parties have the right to withdraw from the contract.

13. Other Terms

In matters not regulated herein, the relevant provisions of the Civil Code shall apply.  In all other cases, the parties shall endeavor to find a mutually acceptable solution.

14. Validity of these General Terms and Conditions

These General Terms and Conditions of Bearings Kft. invalidate previously issued similar documents. For every specific contract conclusion and order, the currently valid GTC shall apply. These GTC are effective from 2011-03-01 and remain valid until the issuance of the next GTC.

                                                                                      Róbert Péter Managing Director                                                                       Bearings Kft. 1105 Budapest Gergely utca 3-9.                                                                           Tax number: 10888636-2-42