GTC

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter: “GTC”) set out the terms and conditions governing the use by Customers of the services provided by Semmelweis Premium Kft. (hereinafter: “Service Provider”) via the website https://www.semmelweisshop.hu/ (hereinafter referred to as the “Website”) by Customers, as well as the rights and obligations of the contracting parties (hereinafter referred to as the “Parties”).

The operator of the online store

The operator of the online store available at https://semmelweisshop.hu/ is:

Semmelweis Premium Medical Services and Consulting Ltd.

Abbreviated name: Semmelweis Premium Kft.
Company registration number: 01-09-879749 – Budapest Metropolitan Court of Registration
Group identification number: 17784234-5-44
Unique tax number: 13916974-4-42
Registered office: 1085 Budapest, Üllői út 26
Email address: info@semmelweisshop.hu

Scope and subjects of the General Terms and Conditions

These terms and conditions apply to the services available on the Website and to the sale and purchase of products that can be ordered from the online store operating on the Website.

Parties to the contract: The Service Provider, Semmelweis Premium Egészségügyi Szolgáltató és Tanácsadó Korlátolt Felelősségű Társaság (Semmelweis Premium Healthcare Service Provider and Consulting Limited Liability Company), is the operator of the Website and the provider of the products (hereinafter: Service Provider).

The Buyer, as the person ordering products from the online store, as well as the person visiting the Website (hereinafter: Buyer). Any natural or legal person with legal capacity, or any business entity without legal personality, including foreign legal entities, may be a Buyer, provided that they accept the contractual terms and conditions set out herein and acknowledge them as binding upon themselves. Acceptance of the GTC in this manner also means that the Buyer undertakes to monitor any changes to these GTC. If the Buyer does not accept these GTC, they are not entitled to use the Website or to purchase products sold on the Website. A contract to be concluded under these terms and conditions may be concluded by a person with limited legal capacity or a person with no legal capacity in accordance with the rules of the Civil Code.

Natural persons under the age of 16 may not make purchases on the Website. By clicking on the “Pay” button and checking the box indicating acceptance of the GTC, the Customer accepts the terms and conditions of the contract for the Service and the provisions of these GTC. By entering into the contract, the Buyer declares that they have read and accepted the terms and conditions set out in these GTC as binding upon them, and that they consent to the processing of their data necessary for the use of the Service within the scope specified in the GTC and the Data Processing Policy.

The terms and conditions of the contract shall be effective from the date of publication on the Website and shall be valid for an indefinite period.

The Service Provider is entitled to unilaterally amend these GTC at any time.

Issues not regulated in this document and the interpretation of this document shall be governed by Hungarian law, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code (hereinafter: Civil Code) and Act CVIII of 2001 on certain issues related to information society services. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.

General information on contracts concluded electronically between absent parties

The Website can be used without registration, but orders can only be placed after registration. By clicking on the “REGISTRATION” button on the website and providing a valid email address, the Buyer is entitled to use all the services of the Website. During registration, the Buyer must provide their billing (name/company name, tax number, address) and delivery details.

Customers can find out about the essential characteristics of the products available in the online store on the pages describing the characteristics of the products in the online store before placing an order.

Orders placed on the Website are considered to be a legal declaration made in the form of implied conduct. The Service Provider is obliged to confirm the receipt of the order electronically without delay. If the confirmation does not reach the Buyer within 48 hours, the Buyer is released from the binding nature of the offer.

The Service Provider has not submitted to a code of conduct, so it is not available.

Before sending the order, the Customer will be informed of the current shipping costs and any shipping restrictions, as well as the possible payment methods, during the order process.

Conclusion of contract

The display of products in the online store – online catalog – does not in itself constitute a legally binding offer on the part of the Service Provider.

The Buyer can find out about the essential characteristics of the products on the pages of the online store containing product information.

The Buyer can order the products using the shopping cart on the Website by clicking on the “ADD TO CART” button on the product data sheet to place the product in the virtual shopping cart.

The offer binding on the Service Provider is created by ordering the product in this way, i.e. by placing it in the shopping cart.

If you have any questions about the product before placing your order, the Service Provider’s customer service team will be happy to assist you.

Pre-orderable, custom products are manufactured based on the information provided by the Customer in accordance with the following rules:

• the logo can be selected (Hungarian, English, and German),
• the color of the embroidery can be selected from the currently available colors,
• custom text can be specified with up to 30 characters, including spaces.

The custom text provided by the Customer may not contain:

• violent, dangerous, or antisocial wording,
• obscene, offensive, vulgar, harassing, sexist, or racist references,
• it may not offend the ethnic, religious or political beliefs of others,
• it may not infringe on the intellectual property rights or personality rights of other persons or companies.

If the text provided on the product contains any of the above, the Customer will be given the opportunity to modify the text and reorder, but if they do not wish to do so, their order will be canceled.

How to order a product, presentation:

You can place the selected product in your shopping cart by clicking on the “Add to Cart” button. By clicking on the shopping cart icon in the upper right corner, you can view the products in your shopping cart, change their quantity, and delete them. The offer binding on the Service Provider only applies to the product(s) placed in the shopping cart.

When you have finished shopping, click on the “Checkout” button; you can place your order after registering and logging in. Registered Customers can access their account by logging in.

After logging in, select the delivery and payment method. Before finalizing your order, you can use the “Order Status” page to check that there are no errors in your order and, if there are, you can correct them.

Finally, click on the “Submit Order” button to place your order for the products in your shopping cart.

Upon receipt of the order, the Customer will immediately receive confirmation of receipt of the order.

The order is considered accepted when the Service Provider sends a confirmation email or, in the absence thereof, ships the ordered product within two days.

In the case of pre-ordered, custom-made products, the product will be manufactured within 15 working days of order confirmation. The Service Provider will notify the Buyer of the receipt of the product by email.

Information on withdrawal

Right of withdrawal

Customers using the service are entitled to withdraw from the order within 14 days without giving any reason, in which case they shall only be obliged to pay the costs specified by law (this provision extends the 14-day withdrawal period specified in Section 20 (2) of Government Decree 45/2014 (II.26.) The deadline shall be deemed to have been met if the Customer sends a statement of intent to withdraw to the Service Provider before the deadline expires.  Exceptions to this are pre-orderable products and products with unique variables, in which case the right of withdrawal cannot be exercised. The right of withdrawal does not apply to the Buyer in the case of non-pre-manufactured products that have been manufactured on the basis of the Buyer’s instructions or at the express request of , or in the case of products that have been clearly tailored to the Buyer.

The withdrawal period begins upon receipt of the product. The right of withdrawal may be exercised by sending a clear written or electronic statement of intent to one of the following contact addresses (in particular by post or by email):

Semmelweis Premium Kft.
address: 1085 Budapest, Üllői út 26.,
e-mail: info@semmelweisshop.hu

Legal effects of withdrawal

Within 14 days of receiving the withdrawal, the Service Provider shall refund all consideration paid, including transportation costs (except for any additional costs incurred because the Customer chose a mode of transport other than that offered by the Service Provider).

The refund shall be made using the same payment method as used in the original transaction, unless the Customer expressly requests a different payment method when exercising their right of withdrawal; the use of a different refund method shall not incur any additional costs.

The Service Provider is entitled to withhold the refund until the ordered and received product has been returned to the Service Provider’s address or at least until the return has been confirmed.

In the event of withdrawal, the Customer is obliged to return or hand over to the Service Provider the ordered product affected by the withdrawal without undue delay, but no later than 14 days from the date of notification of withdrawal.

The costs of returning the product affected by the withdrawal shall be borne by the Customer.
The Customer shall be liable for compensation for any reduction in the value of the products resulting from changes in their nature, characteristics, and functioning.

Exclusion/expiry of the right of withdrawal:

The right of withdrawal related to the contract cannot be exercised in the case of non-prefabricated products that are manufactured on the basis of the instructions or express request of the Customer, or in the case of products that had to be clearly customized for the Customer.

Delivery

The Service Provider undertakes to deliver the ordered products exclusively within the territory of Hungary. Delivery is typically carried out by MPL (Magyar Posta Logisztika). The Service Provider offers the products in its online catalog exclusively in retail quantities and exclusively to end customers. The product is delivered for a fee.

Carrier

Company name: Magyar Posta Zártkörűen Működő Részvénytársaság
Registered office: 1138 Budapest, Dunavirág utca 2-6.
Postal address: Budapest 1540
Phone: +36-1-767-8200
Website: http://www.posta.hu
E-mail: ugyfelszolgalat@posta.hu

Warranty

In the event of visible material or manufacturing defects detected upon receipt of the ordered product, including damage caused during transport, the Customer shall report the defect or damage immediately after its discovery, but no later than within 1 week of receipt. immediately after discovering the defect or damage, but no later than 1 week after receipt, by sending an email to info@semmelweisshop.hu or a letter to the Service Provider’s address.

The warranty cannot be enforced more than one year after receipt of the product.
Based on their warranty rights, the Customer may request repair or replacement at their discretion, unless the chosen warranty right is impossible to fulfill or would result in disproportionate additional costs for the Service Provider compared to fulfilling another warranty claim. If the Customer’s interest in repair or replacement has ceased, or if the Service Provider refuses to repair or replacement, the Customer may request a proportionate reduction in the consideration, or may repair the defect themselves or have it repaired by someone else at the Service Provider’s expense, or – as a last resort – may withdraw from the contract. In the case of an insignificant defect, withdrawal is not possible.

The Customer may switch from one warranty right to another. The Customer shall be obliged to pay the Service Provider for the costs incurred by the switch, unless the Service Provider gave cause for the switch or the switch was otherwise justified.

Within six months of receipt of the product, there are no conditions other than notification of the defect for the enforcement of the warranty claim. After six months, the Customer is obliged to prove that the defect or damage existed at the time of receipt.

In the event of a defect in the product, the Customer may assert a warranty claim against the Service Provider as the distributor of the product.

Under the product warranty, the Customer may demand that the Service Provider repair the defect in the product or, if repair is not possible within a reasonable time without prejudice to the Customer’s interests, replace the product. The product is defective if it does not meet the quality requirements in force at the time of its release by the Service Provider or does not have the characteristics specified in the description provided by the Service Provider.

The defect must be reported to the Service Provider without delay after its discovery. The Customer shall be liable for any damage resulting from a delay in reporting the defect. The product warranty is valid for one year after receipt of the product. This period shall result in the loss of rights.

The Service Provider shall only be exempt from its product warranty obligation if it can prove that:

• the product was not manufactured or marketed in the course of its business activities; or
• the defect was not recognizable at the time of marketing according to the state of science and technology; or
• the defect in the product resulted from the application of legislation or mandatory official regulations

Claims for warranty and product liability cannot be asserted simultaneously and in parallel for the same defect.

Complaint handling

The Service Provider handles any complaints that may arise in accordance with the applicable laws through its customer service department.

Customer service contact details: info@semmelweisshop.hu

The Buyer is advised to include the following in the complaint: information and circumstances related to the subject of the complaint, in particular the nature and date of the irregularities; the Buyer’s claim and the complainant’s contact details – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements specified in the previous sentence are merely recommendations, and the absence of the recommended content of the complaint does not affect the effectiveness of the complaint.

The Service Provider is obliged to respond to the complaint immediately, but no later than 30 days from the date of submission, unless otherwise provided by law or separate regulations. In the case of a complaint submitted by the customer, the 30-day deadline specified in the law cannot be deviated from. The Service Provider shall justify the rejection of the complaint.

If the complaint is rejected, the Service Provider shall inform the customer in writing about which authority or conciliation body may initiate proceedings in relation to the complaint, depending on its nature. The information must also include the location, telephone number, website, and mailing address of the competent authority or the conciliation body in the customer’s place of residence or stay. The information must also indicate whether the Service Provider will use the conciliation body’s procedure to settle the consumer dispute. The Service Provider declares in these terms and conditions that it will always cooperate with conciliation bodies in the case of consumer contracts.

Delivery costs

The Service Provider shall deliver the Customer’s order to their home at a uniform delivery price of HUF 2,190. The Service Provider reserves the right to unilaterally modify the delivery fee.

Method of payment

Payment is made by credit card (MasterCard and Visa).

When paying by credit card, immediate payment is possible by providing credit card details.

The Customer shall pay for the services provided by the Service Provider by credit card. In the case of a one-time payment, the Service Provider shall charge the service fee to the credit card provided by the Customer using the SimplePay service operated by OTP Bank Nyrt. By making a purchase, the Customer agrees to add their credit card to their profile. The Service Provider does not store card details. Card details are stored exclusively by its financial partner, OTP SimplePay, using a secure system.

The additional terms and conditions of online payment are set out in the payment service provider’s terms and conditions, which the Buyer can view prior to payment on the payment service provider’s interface, to which they will be redirected during the ordering process.

Prices, consideration

Prices are in Hungarian forints and include VAT as required by law (gross prices).

The Service Provider strives to ensure that the prices indicated in the online store correspond to the actual consideration. However, in the event of incorrect prices being displayed, the Service Provider does not undertake to fulfill the order, in which case the offer is not binding. In such cases, the Service Provider will offer the product at the correct price upon order, and the Customer is entitled to decide whether to purchase the ordered product at the correct price offered or to cancel the order as specified in these GTC. The price is incorrect if it does not correspond to the actual value of the product and the Service Provider marks it as incorrect for this reason.

The following, in particular, but not exclusively, shall be considered obviously incorrect prices:

Communication related to the order is conducted electronically.

• A price of HUF 0,
• a price reduced by a discount but incorrectly indicating the discount (e.g., a product priced at 1000 Ft offered for 500 Ft with a 20% discount indicated).

In the event of an incorrect price being indicated, the Service Provider offers the option of purchasing the product at its actual price, and with this information, the Customer can decide whether to order the product at its actual price or cancel the order without any adverse legal consequences.

Invoicing

The Buyer will receive a paper invoice for the purchase by e-mail. The e-mail only replaces postal delivery as a method of delivery; the invoice is valid on paper, which the Buyer can print out for themselves. The invoice is authentic without a signature or stamp in accordance with Section 177 of the VAT Act!

Due to the fact that the invoice is stored and printed on paper, the regulations governing e-invoices do not apply to it, including electronic signatures and time stamps.

Retention of title

Until the purchase price of the order has been paid, the product remains the property of the Service Provider.

Penalty

If the Buyer does not take delivery of the ordered, ready-to-deliver product within 15 days, the Service Provider is entitled to a penalty for delay. The amount of the penalty for delay is 1% of the value of the ordered product for each day of delay. If the value of the penalty for delay reaches the value of the ordered product, the Service Provider shall be entitled to offset the penalty for delay against the purchase price paid by the Customer, in which case the contract between the Parties shall be terminated and the Customer shall have no claim against the Service Provider in this regard.

Electronic communication

Communication related to the order shall be conducted in electronic form.

Exclusion of liability for third-party references

The Service Provider reserves the right to use links that refer to other websites. The Service Provider has no influence over these links, expressly distances itself from their content and does not acknowledge them as its own. This disclaimer applies to all links displayed and all content on the pages accessible through these links.

Language of the contract, form of the contract, storage of the order text/applicable laws

The language of the general terms and conditions is Hungarian. The contract does not constitute a written contract between the Parties. We do not store the text of the order, therefore it is no longer available after the order has been fulfilled. However, it is possible for the Customer to print out the text of the order immediately after placing the order. The legal relationship established on the basis of these GTC is governed by Hungarian law.

Photo rights

The Service Provider is the exclusive owner of the photographic rights to all photographs appearing in the online catalog. Any use of these photographs without prior approval is prohibited and will result in the Service Provider asserting its claims.

Possible limitations on the operation of the Web Store.

The Buyer acknowledges that, due to the nature of the Internet, the continuous, uninterrupted operation of the Web Store may be interrupted despite the Service Provider’s prior knowledge and intention. Accordingly, the Service Provider does not guarantee the error-free and uninterrupted operation of the Web Store, nor that access to the Web Store will be continuous or error-free.

The Service Provider is entitled to suspend the operation of the Web Store in whole or in part without prior notice or notification for the purpose of maintenance or for other security reasons.

The Service Provider shall only be liable for damages caused by intentional or grossly negligent errors attributable to it. The extent of liability shall not exceed the value of the purchase transaction.

The Buyer acknowledges that the Service Provider is not liable for any damage or misuse arising during or as a result of payment by credit card.

Legal disputes

In the event of a customer complaint, the Customer may contact the competent Conciliation Board, which can be reached at:

Budapest Conciliation Board

1016 Budapest, Krisztina krt. 99. I. em. 111.
Postal address:
1253 Budapest, Pf.: 10.
Email address: bekelteto.testulet@bkik.hu
Phone: +36 (1) 488-2131

The Contracting Parties declare that they shall act in good faith and fairness, cooperating with each other in the exercise of their rights and the fulfillment of their obligations arising from these contractual terms and conditions.

The Contracting Parties shall cooperate with each other in order to settle any disputes out of court, through negotiation, in the shortest possible time and at the lowest possible cost. If this does not lead to a result, the exclusive jurisdiction of the ordinary court with jurisdiction and competence at the seat of the Service Provider shall be stipulated.

Budapest, August 22, 2024.