Terms and Conditions

General Terms and Conditions of Contract and Use

1. Operator of the Web Store

The web store accessible at https://smartnevjegy.com/ is operated by Smartmix Limited Liability Company

Abbreviated name: Smartmix Kft. Company registration number: 01-09-392960 Tax number: 27517183-2-43 Registered office: 1214 Budapest, Festő u. 31/b Place of business activity: 1214 Budapest, Festő u. 31/b Email address: info@smartnevjegy.hu Website: https://smartnevjegy.com/ (hereinafter: Service Provider)

Service Provider's bank account details: Account managing financial institution: MKB Rt. Payment transaction code: 10300002-13296111-00014900 IBAN: HU97103000021329611100014900 SWIFT code: MKKBHUHB

Service Provider's commercial activity was registered by: 01-09-661969 (registered by the Budapest Court as Commercial Court)

2. Customer Service

Users can contact the Service Provider's customer service at the following contact points:

2.1. By Email

Email address: info@smartnevjegy.hu Message: messaging option available under the "Contact" menu item on the website.

The Service Provider responds to emails received through this channel within 2 working days from receipt.

3. Hungarian Law Provision

3.1. The Service Provider operating the website accessible at the above-specified internet address (hereinafter: website) provides its service from Hungary, and the service is directed to Hungary. Hungarian and European law applies to the provision of the service, the Service Provider, and the Users within the framework of this contract, with particular regard to:

1. REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC;
2. Act V of 2013 on the Civil Code (hereinafter: Civil Code);
3. Act CLXIV of 2005 on Commerce;
4. Act CLV of 1997 on Consumer Protection;
5. Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses;
6. Government Decree 373/2021 (VI. 30.) on the detailed rules of contracts between consumers and businesses for the sale of goods and the provision of digital content and digital services;
7. Act CVIII of 2001 on electronic commerce services and certain issues related to information society services;
8. Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers;
9. Act XLVIII of 2008 on the basic conditions and certain restrictions of economic advertising activities;
10. NGM Decree 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims for goods sold under contracts between consumers and businesses.

3.2. The times and time interval designations mentioned in these general terms and conditions of contract and use (hereinafter: contractual terms or GTC) are to be understood according to Central European Time.

3.3. Working days, non-working days, and holidays mentioned in these contractual terms shall be understood as Hungarian working days, non-working days, and holidays.

4. Scope and Parties of General Terms and Conditions of Contract and Use

4.1. These contractual terms apply to the services available on the website, the use of the website, and the sale of products that can be ordered in the web store operating on the website.

4.2. The parties to the contract:

4.2.1. The Service Provider identified above, as the operator of the website and seller of products.

4.2.2. User, as the customer ordering products from the web store and the person visiting the website's web pages. Any legally capable natural or legal person, or economic organization without legal personality, including foreign legal entities, may be a User, provided they accept the contractual terms formulated here and acknowledge them as binding. Contracts under these contractual terms may be concluded by persons with no legal capacity or limited legal capacity according to the rules of the Civil Code.

4.3. The contractual terms are effective from their placement on the website and are valid for an indefinite period.

5. General Information on Distance Contracts Concluded Electronically

5.1. Users can obtain information about the essential properties of products that can be ordered in the web store on the pages describing product properties before placing an order.

5.2. The Service Provider only sells products through the web store interface; there is no possibility to order services.

5.3. The language of the contract is Hungarian.

5.4. Orders placed on the website qualify as legal declarations made in the form of conclusive conduct and entail payment obligations on the User's part.

5.5. The Service Provider is obliged to confirm the receipt of the order electronically without delay. If the confirmation does not reach the User within 48 hours, the User is released from the binding nature of the offer.

5.6. The concluded contract does not qualify as a written contract; the Service Provider does not file it and it will not be accessible in writing later.

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

5.8. Before sending the order, the User receives information during the order steps about the product price, current shipping costs, any additional costs that may arise in connection with order fulfillment, possible shipping restrictions, delivery method, and possible payment methods. If individual consultation is necessary in a specific case regarding the items listed here, the Service Provider will separately contact the User for consultation purposes.

5.9. The User receives the contractual terms and documents necessary for lawful information as documents attached to the email confirmation of their order, with the content current at the time of order receipt. In addition, the User can download and/or print the contractual terms and information notices in a saveable format using the link found under the document titles - "(Download/print document: HERE)" - and they are always available on the website in their current state.

6. Registration

6.1. Registration is free.

6.2. The User can perform registration by clicking on the "Login / Registration" button in the website header, then clicking on the "REGISTRATION" button, filling out the data form that appears, accepting these contractual terms and checking the data processing statement, and finally clicking on the "Registration" button. The User has the option to register during the order process by clicking on the checkbox next to the registration text in the "Checkout" menu.

6.3. For valid registration, the User must provide real data and contact information. If it is established that registration was made with false data, the Service Provider is entitled to delete it. In the latter case, the Service Provider bears no responsibility for possible consequences.

6.4. The Service Provider may also delete valid registration without responsibility for consequences if the deleted User used the website in bad faith or otherwise violated these contractual terms.

6.5. Deletion of registration by the Service Provider for the above reasons does not affect orders already fulfilled by both Parties. In case of deletion for the same reason, if the Service Provider has not yet started fulfillment, it may unilaterally decide whether to fulfill it, provided the reason for deletion does not prevent this. If it does not fulfill the order for the above reasons and the User has already paid, the Service Provider refunds the amount paid by the User. If the User's behavior causing deletion has caused damage to the Service Provider, the latter is entitled to retain the amount of damage from the refund amount.

6.6. The User may request deletion of their registration at any time with an email message sent to the Service Provider, which the Service Provider executes without delay - but within a maximum of 10 days.

6.7. Deletion of registration may be necessitated by the User's request related to data processing that results in deletion of personal data processed for registration purposes or prohibits such use. Users can read more about these in the data processing information notice.

6.8. Deletion of registration upon the User's requests as described above does not affect the fulfillment of orders previously validly placed by them.

7. Outsourced Logistics

7.1. In connection with operating the web store, the Service Provider has outsourced the logistics of distributing products to Users. As a result, another service provider performs the logistics activity, but the Service Provider is the seller of the product to the User, and the User can exercise their rights related to the order against the Service Provider.

7.2. The outsourced logistics service provider performs the following activities:

1. Product storage, inventory management execution
2. Order assembly, product packaging
3. Organization of delivery of ordered products, dispatching products

7.3. Outsourced logistics service provider used by the Service Provider: none

8. Determination of Purchase Price

8.1. Users can obtain information about current product prices on the web store pages presenting product properties.

8.2. The purchase prices shown for products are gross consumer prices, meaning the total amount to be paid including tax is visible for all products.

8.3. The purchase price is always to be understood in forints (HUF).

8.4. Prices do not include shipping costs; the Service Provider does not charge shipping costs for all product orders.

8.5. The Service Provider does not charge packaging costs.

8.6. Order confirmations always include the actually payable gross consumer price and any other costs in their full, payable amounts.

8.7. The Service Provider reserves the right to change the prices of products visible on the web store's web pages. Price changes do not affect the prices of products already ordered and confirmed by the Service Provider with an email accepting the order.

8.8. If an obviously erroneous price due to mistake appears on the website interface (e.g., "0" or "1" HUF price, or a price that differs by orders of magnitude from the obviously apparent price category of the given product for everyone, e.g., 1,000 or 100 HUF order of magnitude price instead of 10,000 HUF), then the Service Provider is not obligated to sell the product at the erroneous price, and in this case, no contract is concluded for the product with the erroneous price. The Service Provider may offer sale at the correct price, with knowledge of which the User affected by the given transaction may order the product at the correct price by placing a new order. The User's electronically placed order constitutes an offer to purchase, which the Service Provider is not yet obligated to fulfill. The first, automatically sent confirmation only certifies the fact of order receipt. Order acceptance always occurs in the second, non-automatically sent confirmation, creating the contract. In case of erroneous price indication, the correct price is agreed upon before sending the second confirmation, thus before accepting the order.

9. Method and Steps of Placing Orders, Contract Formation

9.1. Product Selection

9.1.1. Users can learn about the essential properties of products on the web store pages containing product data.

9.1.2. No sponsored products are prioritized or paid advertisements displayed in the search result list appearing as a result of searching on the website.

9.1.3. On the product data sheet of the product to be ordered - after selecting the appropriate parameters if selectable - the User can place the product in the virtual cart by clicking on the "Add to Cart" button on the page.

9.1.4. If the User wants to order multiple products, they can place multiple products in the cart by following the above procedure.

9.1.5. If questions arise about the product before ordering, the Service Provider's customer service is happy to assist the User (contact information: above under the "Customer Service" heading).

9.2. Placing and Confirming Orders, Contract Formation

9.2.1. Users can place their orders online in the web store as follows.

9.2.2. After selecting products and placing them in the cart, the User can view the cart contents by clicking on the shopping bag icon in the website header. Next to the icon, the number of products to be ordered and their total purchase price are also visible.

9.2.3. On the page showing cart contents, the User can modify the desired quantity by rewriting the number indicating the quantity of selected products, or remove the given product from the cart by clicking on the "Remove" button or the trash can icon.

9.2.4. Then, by clicking on the "Proceed to Checkout" button, it is necessary to provide name, billing and shipping address, phone number, email address, and the User can also select the payment method on this page. ATTENTION! When purchasing as a taxable person with a tax number (e.g., business organization, sole proprietor, primary producer, etc.), providing company name/name, tax number, and billing address is mandatory. The person acting on behalf of the purchasing taxable person is responsible for the accuracy of data and providing real data.

9.2.5. The User also has the option to register on the website by clicking on the checkbox next to the registration text under the "Checkout" menu item, as well as subscribe to the newsletter service by clicking on the checkbox next to the newsletter subscription text. Subscription is voluntary; its omission does not prevent the User from using other services available on the website.

9.2.6. If the User has a coupon entitling them to a discount, they can use their discount by entering the appropriate code in the "Coupon Code" field under the "Cart" menu item, then clicking the "OK" button, or by clicking on "Click here to enter code" under the "Checkout" menu item, then entering the appropriate code in the "Coupon Code" field, and clicking the "Redeem Coupon" button.

9.2.7. Under the "Checkout" menu item, under the "My Order" heading on the summary page, the total summarized consumer price of the entire order is visible, as well as the gross amount of shipping or any other costs to be paid; thus all costs to be paid by the User.

9.2.8. Tools provided for identifying and correcting data entry errors before sending the contractual declaration:

9.2.8.1. When entering incomplete or obviously erroneous data, a warning message appears during the order process.

9.2.8.2. Registered Users can modify their personal data for the order during the order process. Users can modify their registration data on their personal profile page, which appears after logging into the website by clicking on the "My Profile" button, then clicking on "ACCOUNT DATA" or "ADDRESSES" depending on the data to be modified.

9.2.8.3. Cart contents, order data, and parameters can be checked, changed, or even deleted at any time until sending the order, by going back and modifying data, entering new data on the pages appearing during the order process as described in the previous points of this chapter of the GTC. Going back is possible by clicking the browser's back button or by clicking on the named order phases in the process diagram visible at the top of the web store's order step pages.

9.2.9. After checking the above order data and correcting any data entry errors, the User can validly place their order by checking the declaration accepting these GTC and clicking on the "Send Order" button.

9.2.10. By placing the order, the User acknowledges that their order entails payment obligations.

9.2.11. After receiving the order, the Service Provider immediately confirms it via automatic email to the User at the email address provided during their online order. If this confirmation does not reach the User within 48 hours of sending their order, the User is released from the binding nature of the offer. The confirmation is considered to have reached the User when it becomes accessible to them (i.e., upon arrival in their email account). With this order confirmation, the contract for purchasing the product is not yet formed; this confirmation does not yet count as acceptance of the order by the Service Provider.

9.2.12. Order processing takes place every day from 08:00 to 16:00 Central European Time. If the order arrives to the Service Provider outside the above time interval, it should be considered as having arrived at the beginning of the first processing period following receipt - in case of advance payment, at the beginning of the first processing period following the arrival of the payable amount to the Service Provider's bank account - and will be processed within 24 hours from that time.

9.2.13. After starting order processing, the Service Provider - in case of order acceptance - informs the User about order acceptance via email. The contract for purchasing the product is formed upon the Service Provider's email message about this reaching the User.

9.2.14. The Service Provider draws the User's attention to checking the content of the confirmation regarding order receipt and the confirmation regarding order acceptance. If the content of either confirmation differs from the order content, and the ordering User does not object to the difference within 24 hours of receiving the confirmation, or if they make payment after receiving the confirmation, then the confirmation content applies to the contract (not including provisions regarding erroneous price indication). After reporting the different content confirmation to the Service Provider, the Service Provider examines the report and corrects the order if justified.

9.3. Deletion of registration upon the User's request following their order does not affect the fulfillment of orders previously validly placed by them.

9.4. If the User requests deletion of data necessary for order fulfillment before fulfillment, or objects to their use for such purposes, the Service Provider declares the User's intention to withdraw from the order.

10. Subsequent Order Correction

10.1. If the User wants to change their already placed order or provided incorrect data, they must report this as soon as possible at the customer service contact points. It is important to do this without delay so that the Service Provider can correct the order before starting fulfillment.

10.2. In case of order correction, the Service Provider sends a new confirmation about the order with the modified content, according to which the contract for purchase is formed or - in case of an already previously accepted erroneous order - modified according to the modification.

11. Payment Terms

11.1. Possible payment methods:

11.1.1. Advance payment with online payment service: Advance payment with online payment service provider's service selected by the User during the order sending process.

The online payment service is provided by Stripe. Users can pay by bank card when using the service.

The Contracting Parties declare that the payment system related to the Service is operated by a company called Stripe (Stripe Payments Europe Limited C/O A&L Goodbody, Ifsc, North Wall Quay Dublin 1., Dublin 1, Dublin Website: www.stripe.com; Email: info@stripe.com), which qualifies as a performance assistant to the Contracting Parties during contract fulfillment. Stripe's general terms and conditions and privacy statement can be continuously accessed at https://stripe.com/gb/privacy, which the Contracting Parties have reviewed and accepted.

Further conditions of online payment are governed by the payment service provider's contractual terms, which the User can review before payment on the payment service provider's interface, to which they are redirected during the order process.

11.1.2. Online bank card advance payment: Advance payment with online payment service provider's service selected by the User during the order sending process.

The Contracting Parties declare that the payment system related to the Service is operated by a company called Stripe (Stripe Payments Europe Limited C/O A&L Goodbody, Ifsc, North Wall Quay Dublin 1., Dublin 1, Dublin Website: www.stripe.com; Email: info@stripe.com), which qualifies as a performance assistant to the Contracting Parties during contract fulfillment. Stripe's general terms and conditions and privacy statement can be continuously accessed at https://stripe.com/gb/privacy, which the Contracting Parties have reviewed and accepted.

Further conditions of online payment are governed by the payment service provider's contractual terms, which the User can review before payment on the payment service provider's interface, to which they are redirected during the order process.

11.1.3. Cash on delivery for shipping: Payment selected by the User with cash on delivery during the order sending process in case of delivery by shipping. The User can pay in cash or by bank card at the courier service employee upon delivery.

Further conditions of payment at the courier service are governed by Magyar Posta Zrt.'s contractual terms, which the User can review on Magyar Posta Zrt.'s online interface (detailed below).

11.2. If the Service Provider cannot fulfill an already paid order due to reasons arising in its own sphere of interest, it refunds the full amount paid by the User in connection with the order within 14 days from the emergence of the obstacle.

12. Fulfillment Deadline and Shipping Terms

12.1. Fulfillment and Shipping Deadline

12.1.1. The Service Provider ships the ordered product within the deadline specified in the confirmation of order acceptance to the shipping address provided by the User during ordering.

12.1.2. Order processing takes a maximum of 2 working days, after which the ordered product is delivered to the User within 30 days.

12.1.3. If the Service Provider cannot fulfill the order within the above deadline, it immediately notifies the User about the fulfillment obstacle after its emergence.

12.2. Carrier:

12.2.1. Magyar Posta Zártkörűen Működő Részvénytársaság Abbreviated name: Magyar Posta Zrt. Company registration number: 01-10-042463 Tax number: 10901232-2-44 Registered office: 1138 Budapest, Dunavirág utca 2-6. Postal address: 1540 Budapest Phone: +36 1 767 8282 Fax: +36 46 320 136 Email: ugyfelszolgalat@posta.hu Website: https://posta.hu/

The Carrier delivers the ordered product to the User within 1-7 working days from product receipt. Further information about shipping is contained in the "General Terms and Conditions" document available on Magyar Posta Zrt.'s website (https://www.posta.hu/ugyfelszolgalat/aszf).

12.2.2. GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. Registered office: 2351 Alsónémedi, GLS Európa u. 2. Email address: info@gls-hungary.com Company registration number: 13-09-111755 Tax number: 12369410-2-44 Community tax number: HU12369410

Information on online consumer dispute resolution: The EU Commission has created an online dispute resolution platform ("ODR platform"). The platform serves as a contact point for out-of-court resolution of disputes related to contractual obligations, internet sales, and service contracts. The ODR platform is available to consumers at the following link: http://ec.europa.eu/consumers/odr

12.3. Shipping Cost

12.3.1. The User can learn the gross amount of delivery cost to be paid by the User during the order sending process. The Service Provider does not charge shipping costs for all product orders.

12.4. Product Receipt

12.4.1. If the User does not take receipt of their ordered product at the time of delivery without reason - including when the User is not reachable despite the Carrier's multiple delivery attempts - thus delivery fails, the Service Provider is entitled to sell the ordered goods to a third party. In this case, if the product returns to the Service Provider and the User paid for the ordered product in advance, the Service Provider refunds the purchase price - after deducting transaction costs. The shipping cost is not included in the purchase price and is not refunded in such cases - which case does not qualify as exercising the right of withdrawal.

12.4.2. The User checks the quantity, integrity of the ordered product(s) and presence of necessary documents (invoice) at the place and time of delivery, upon receipt, and reports any damage, shortage, or other discrepancy to the Carrier at that time. If the User notices any damage or discrepancy on the delivered product during delivery, the Carrier is obligated, upon the User's request, to hand over the goods itemized and make a record on-site about this and the discrepancies and damages noticed on the product. The Carrier is primarily liable for damages that occur to the product during shipping; however, the Service Provider bears the related risk towards the User until the time of product handover to the User. The User's failure to perform the inspection due upon receipt does not affect the User's warranty rights and right of withdrawal without justification; they can still exercise these as described in point 13.

13. Defective Performance, Warranty, Guarantee, Right of Withdrawal

13.1. Defective Performance

13.1.1. The Service Provider performs defectively if the product does not meet the quality requirements established in the contract or law at the time of performance.

13.1.2. The Service Provider does not perform defectively if the User knew the defect at the time of contract conclusion, or should have known the defect at the time of contract conclusion.

13.1.3. In case of User purchases qualifying as consumer purchases, it is presumed that defects recognized by the User within one year after performance already existed at the time of performance, except if this presumption is incompatible with the nature of the thing or the nature of the defect. In practice, this means that in case of defects recognized within one year, the burden of proof lies with the Service Provider.

13.1.4. In case of User purchases qualifying as consumer purchases, the Service Provider performs defectively if the goods defect results from improper installation, provided that installation was part of the sales contract and was performed by the Service Provider or performed under the Service Provider's liability assumption, or the User had to perform the installation, and the improper installation was a consequence of deficiencies in installation instructions provided by the Service Provider.

13.1.5. In case of User purchases qualifying as consumer purchases, if according to the sales contract the Service Provider installs the goods or installation occurs under the Service Provider's liability assumption, performance is to be considered completed by the Service Provider when installation is completed.

13.2. Quality Warranty

13.2.1. In case of the Service Provider's defective performance, the User may assert quality warranty claims against the Service Provider according to the Civil Code rules, and consumer Users according to the Civil Code and Government Decree 373/2021 (VI. 30.) rules.

13.2.2. The User may exercise the following quality warranty claims - at their choice: They may request repair or replacement, except if the User's chosen claim fulfillment is impossible or would involve disproportionate additional costs for the Service Provider compared to fulfilling their other claim. In case of consumer Users, when determining the existence of disproportionate additional costs, the Service Provider must consider all circumstances, including the value the service would represent in faultless condition and the severity of the contract breach.

If the Service Provider did not undertake repair or replacement, or cannot fulfill this obligation within an appropriate deadline considering the thing's properties and the purpose expected by the User, protecting the User's interests, or if the User's interest in repair or replacement has ceased, then:

1. Consumer Users may demand proportionate reduction of consideration or withdraw from the contract, but may not repair the defect at the Service Provider's expense themselves or have it repaired by others;
2. Non-consumer Users may demand proportionate reduction of consideration, or repair the defect at the Service Provider's expense themselves or have it repaired by others, or withdraw from the contract.

13.2.3. In case of consumer User purchases, the User is also entitled - proportionate to the severity of contract breach - to demand proportionate reduction of consideration or terminate the sales contract if:

1. The Service Provider did not perform or refused repair or replacement, or performed it but did not bear or did not fully bear the costs related to taking back the replaced goods;
2. Repeated performance defect occurred despite the Service Provider's attempt to make the goods contractual;
3. The performance defect is so severe that it justifies immediate price reduction or immediate termination of the sales contract; or
4. The Service Provider did not undertake to make the goods contractual, or it is obvious from circumstances that the Service Provider will not make the goods contractual within a reasonable deadline or without causing significant harm to the User's interests.

13.2.4. In case of consumer User purchases, consideration reduction is proportionate if its amount equals the difference between the value of goods due to the User in case of contractual performance and the value of goods actually received by the User.

13.2.5. In case of consumer User purchases, the User's quality warranty right to terminate the sales contract can be exercised with a legal declaration addressed to the Service Provider expressing the decision to terminate.

13.2.6. In case of consumer User purchases, if defective performance affects only a specific part of goods provided under the sales contract, and termination conditions exist for those, the User may terminate the sales contract only regarding the defective goods, but may also terminate regarding any other goods acquired together with them if the User cannot reasonably be expected to keep only goods conforming to the contract.

13.2.7. In case of consumer User purchases, if the User wants to terminate the sales contract citing defective performance, the Service Provider bears the burden of proving that the defect is insignificant.

13.2.8. In case of consumer User purchases, the User is entitled to retain the remaining part of the purchase price - proportionate to the severity of contract breach - partially or entirely until the Service Provider fulfills its obligations related to contractual performance and defective performance.

13.2.9. The User may switch from their chosen quality warranty right to another; however, the User bears the cost of switching, except if it was justified or the Service Provider gave cause for it.

13.2.10. Consumer Users are obligated to report defects immediately after discovering them, but no later than two months from defect discovery. In consumer and business contracts, defects reported within two months of defect discovery are to be considered reported without delay. The entitled party is liable for damages resulting from reporting delay. However, the Service Provider draws the User's attention that after the two-year limitation period from contract performance, they can no longer assert their quality warranty rights. For used goods, this period is one year.

13.2.11. In case of consumer User purchases, within one year from performance, asserting their quality warranty claim has no other condition beyond reporting the defect if the User proves that the product or service was provided by the Service Provider. After one year from performance, however, the User is obligated to prove that the defect recognized by the User already existed at the time of performance.

13.2.12. The Service Provider must perform goods repair or replacement within a reasonable deadline - determined considering the goods' properties and the purpose expected by the User. The reasonable deadline is to be calculated from when the User reported the defect to the Service Provider.

13.2.13. The User must make the goods available to the Service Provider for repair or replacement fulfillment. Costs related to fulfilling warranty obligations are borne by the Service Provider.

13.2.14. In case of consumer User purchases, the Service Provider must ensure takeback of replaced goods at its own expense. If repair or replacement necessitates removal of goods that were installed according to the goods' nature and purpose - before the defect became recognizable - then the repair or replacement obligation includes removing the non-conforming goods and installing the replacement or repaired goods or bearing the costs of removal or installation.

13.2.15. If the User terminates the sales contract entirely or partially regarding goods provided under the sales contract, the User must send back the affected goods to the Service Provider at the Service Provider's expense, and the Service Provider must immediately refund the purchase price paid for the affected goods as soon as it receives the goods or proof of goods return.

13.3. Product Warranty

13.3.1. In case of movable property (product) defects, consumer Users may assert - at their choice - the above-described quality warranty right or product warranty claim.

13.3.2. As a product warranty claim, the User may only request repair or replacement of the defective product.

13.3.3. A product is defective if it does not meet quality requirements in effect at the time of market launch, or if it does not have the properties described by the manufacturer.

13.3.4. The User may assert their product warranty claim within two years from the product's market launch by the manufacturer. After this deadline expires, they lose this entitlement.

13.3.5. The User may exercise their product warranty claim only against the movable property's manufacturer or distributor. When asserting a product warranty claim, the User must prove the product defect.

13.3.6. The manufacturer or Service Provider is released from product warranty obligation only if they can prove that:

1. The product was not manufactured or launched to market within their business activity, or
2. The defect was not recognizable according to the state of science and technology at the time of market launch, or
3. The product defect results from applying legal regulations or mandatory official requirements.

For exemption, it is sufficient for the manufacturer or Service Provider to prove one reason.

13.3.7. The User cannot assert quality warranty and product warranty claims simultaneously for the same defect. However, in case of successful assertion of product warranty claim, they may assert their quality warranty claim against the manufacturer for the replaced product or repaired part.

13.4. Mandatory Guarantee

13.4.1. Based on Act V of 2013 on the Civil Code, Government Decree 151/2003 (IX. 22.) on mandatory guarantee for certain durable consumer goods, NGM Decree 19/2014 (IV. 29.) on procedural rules for handling warranty and guarantee claims for goods sold under consumer and business contracts (hereinafter: NGM decree), the Service Provider is obligated to provide guarantee for certain product sales in case of defective performance towards consumer Users.

13.4.2. Guarantee period:

1. 1 year for sales prices reaching 10,000 forints but not exceeding 100,000 forints
2. 2 years for sales prices exceeding 100,000 forints but not exceeding 250,000 forints
3. 3 years for sales prices above 250,000 forints

The guarantee period begins on the day of product handover to the User, or if installation is performed by the Service Provider or its agent, on the day of installation.

If the User installs the product beyond six months from handover, then the guarantee period start date is the day of product handover.

In case of consumer goods repair, the guarantee period is extended from the day of repair handover by the time during which the User could not use the consumer goods for its intended purpose due to the defect.

If the purchased product is a new durable consumer good under Government Decree 151/2003 (IX. 22.) and the purchased product malfunctions during the legally prescribed mandatory guarantee period, the User may assert the same claims against the Service Provider as in case of quality warranty. Thus they have the option - in the order described above under the "Quality Warranty" subheading - to request repair, replacement, or price reduction, or withdraw from the contract.

13.4.3. If there is a guarantee for a purchased product, then warranty rights and entitlements arising from guarantee can be asserted in parallel.

13.4.4. The User may assert their repair claim at their choice directly at the Service Provider's registered office, any of its premises, branch offices, and repair services indicated by the Service Provider on the guarantee certificate.

Guarantee claims can be asserted by presenting the guarantee certificate; returning opened packaging is not required.

If the Service Provider fails to hand over the guarantee certificate to the User, the User may exercise their rights by presenting proof of purchase (invoice or receipt).

13.4.5. The Service Provider is released from guarantee obligation only if it proves that the cause of the defect arose after performance.

13.4.6. In the absence of express written commitment, the Service Provider does not guarantee that the goods are suitable for any special purpose the User wishes to achieve. The Service Provider has the right to have the reported defect related to the purchased product examined by a specialist service. If the defect can be traced back to non-intended use, the repair cost is borne by the User. The Service Provider's guarantee obligation does not extend to cases where the product was disassembled by unauthorized persons, its casing was broken or opened, its structural design was changed, and malfunctions that arise from:

1. Incorrect installation
2. Non-intended use
3. Incorrect commissioning
4. Neglect of prescribed maintenance
5. Damage

13.4.7. If the product ordered on the website is a new durable consumer good under Government Decree 151/2003 (IX. 22.), the Service Provider encloses a guarantee certificate with the product or sends an electronically signed electronic guarantee certificate to the User, or ensures its accessibility through download. The Service Provider is obligated to hand over the guarantee certificate electronically no later than the day following product handover or commissioning. When ensuring accessibility through download for the User, the Service Provider ensures that it remains accessible and downloadable in unchanged form until the end of the guarantee period. The list of durable consumer goods is contained in the annex to Government Decree 151/2003 (IX. 22.). For products outside these, there is no mandatory guarantee obligation according to law.

13.4.8. If it is established by the Service Provider during the first repair that the product cannot be repaired, the Service Provider is obligated to replace the product within eight days in the absence of different User instructions. If this is not possible, the Service Provider is obligated to refund the purchase price shown on the receipt presented by the User proving payment of the product's consideration within eight days.

13.4.9. If the product malfunctions again after three repairs within the guarantee period and the User does not request proportionate price reduction, the Service Provider is obligated to replace the product within 8 days or - if replacement is not possible - refund the purchase price to the User.

13.4.10. If repair does not occur by the 30th day following guarantee claim notification, the Service Provider is obligated to replace the product within 8 days from that time, or - if replacement is not possible - refund the purchase price to the User.

13.4.11. If a consumer User asserts a replacement claim within three working days from purchase or, if installation was performed by the Service Provider or its agent, from the installation day due to consumer goods malfunction, then the Service Provider cannot refer to disproportionate additional costs but is obligated to replace the consumer goods, provided the malfunction prevents intended use.

13.4.12. The User cannot assert quality warranty and guarantee claims, or product warranty and guarantee claims simultaneously for the same defect; otherwise, the User's rights arising from guarantee are independent of quality warranty and product warranty entitlements.

13.5. Right of Withdrawal

13.5.1. Consumer Users are entitled to withdraw from this contract within 14 days without justification.

13.5.2. The withdrawal deadline:

a) For contracts for sale of goods: expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes possession of the product;

b) For delivery of multiple products: expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes possession of the last product;

c) For delivery of products consisting of multiple lots or pieces: expires 14 days from the day on which the User or a third party designated by the User, other than the carrier, takes possession of the last lot or piece;

d) In cases a), b), and c), the User may also exercise their right of withdrawal during the period between contract conclusion and product receipt.

13.5.3. If the User wishes to exercise their right of withdrawal, they must communicate a clear statement of their withdrawal intention to one of the Service Provider's contact points. The withdrawal declaration may be made in any manner, either orally or in writing.

The User may use the declaration template downloadable at the following link to exercise their right of withdrawal:

► withdrawal declaration template

Or copy its content from here:

—

Withdrawal Declaration Template

(fill out and return only in case of intention to withdraw from contract)

Addressee: Smartmix Kft. Postal address: 1214 Budapest, Festő u. 31/b Email: info@smartnevjegy.hu

The undersigned …………………………………………………………………… declare that I exercise my right of withdrawal regarding the contract for sale of the following product(s):

Product receipt date: Consumer name: Consumer address: Consumer signature (only for paper declarations): Date:

—

13.5.4. The User exercises their right of withdrawal within the deadline if they send their written withdrawal declaration before the above-mentioned deadline expires, or verbally report it on the last day of the deadline. The consumer bears the burden of proving that they exercised their right of withdrawal in the manner and within the deadline described here.

13.5.5. For products with hygienic packaging, the User cannot exercise their right of withdrawal without justification after removing the product's hygienic packaging. Opening packaging other than hygienic packaging does not prevent exercising the right of withdrawal. For products other than those with hygienic packaging, the right of withdrawal is not excluded by opened packaging and use necessary to determine the product's nature, properties, and operation.

13.5.6. Organizing product return and return costs are borne by the User. Goods return may also occur in person, after prior appointment scheduling with customer service.

13.5.7. After accepting withdrawal and goods return, settlement occurs within a maximum of 14 days from withdrawal acceptance. In case of withdrawal, the Service Provider is obligated to refund the purchase price of the product affected by withdrawal and shipping costs to the User.

13.5.8. The User cannot exercise their right of withdrawal for:

1. Non-prefabricated products manufactured according to User instructions or express request, or products clearly customized to the User's person;
2. Sealed packaged products that cannot be returned after opening following handover for health protection or hygiene reasons.

13.6. Legal Effects of Withdrawal

13.6.1. If the User withdraws from the contract, the Service Provider refunds all consideration paid by the User immediately, but no later than 14 days from receipt of the User's withdrawal declaration, including costs of shipping the product to the User (except additional costs arising because the User chose a shipping method different from the cheapest usual shipping method offered by the Service Provider). During refund, the Service Provider uses the same payment method as used in the original transaction, except if the User expressly gives consent to using another payment method, and no additional costs are incurred by the User from applying this refund method. For product sales contracts, the Service Provider may withhold the refund until it receives the product back or the User proves they sent it back: whichever is earlier.

13.6.2. The User is obligated to send back or hand over the product to the Service Provider without undue delay, but no later than 14 days from their withdrawal declaration receipt. The deadline is considered met if they send the product before the 14-day deadline expires. The User bears the direct costs of product return.

13.6.3. The User can only be held liable for value decrease in the product if it resulted from use exceeding that necessary to determine the product's nature, properties, and operation. This provision is only interpretable for products other than those with hygienic packaging.

14. Liability Exclusion

14.1. The Service Provider is not subject to contractual obligation based on law. It freely decides on accepting or rejecting the User's order. The Service Provider excludes its liability for damages resulting from this.

14.2. The Service Provider does not guarantee that the product meets any purpose planned by the User that the User did not discuss with the Service Provider before contract conclusion, or for which the Service Provider did not confirm suitability during discussion. The product description and manual are authoritative regarding use, but the Service Provider bears no liability due to deviations arising from specific use circumstances.

14.3. The Service Provider assumes no liability for direct and indirect damages arising from malicious use of the website or internet service provider unavailability. The Service Provider cannot be held liable for technical malfunctions, such as electrical or computer network outages. Considering that the Internet is an open network not considered secure, the Service Provider bears no liability for damages arising from destruction, delayed arrival, or other errors of electronically transmitted messages and orders due to causes beyond the Service Provider's control.

14.4. The Service Provider may terminate the possibility of website use for individual Users or all Users at any time without justification by ending website operation. In this case, it fulfills already validly placed orders and other User requests but is not liable for other possible consequences.

14.5. The Service Provider excludes its liability for delays or other problems, errors, and resulting damages traceable to incorrectly and/or inaccurately provided order data by the User.

14.6. Content downloaded by following external links on the website is not under the Service Provider's influence. If requested by the entitled party, the Service Provider deletes or modifies the link. The Service Provider bears no liability regarding content displayed or downloaded using such links.

15. Other Provisions

15.1. The Service Provider also reserves the right regarding Users browsing the website without ordering to legal protection of content found there and rules for website use, their enforcement and modification. Users can access relevant rules and declarations in the legal notice continuously published on the website, in this GTC, and additional information documents.

15.2. The Contracting Parties declare that they act in accordance with good faith and honesty requirements, cooperating mutually during exercise of rights and fulfillment of obligations arising from these contractual terms.

16. Data Processing, Data Protection

Information about data processing conducted by the Service Provider is provided in the "Data Processing Information Notice" and "Information Notice on 'Cookie' Use" documents.

17. Modification of Contractual Terms

17.1. The Service Provider reserves the right to unilaterally modify the contractual terms at any time without prior notice or separate notification.

17.2. Contracts formed based on individual orders are always governed by the contractual terms attached to the final - contract-creating - confirmation of the given order.

18. Applicable Law

18.1. For questions not regulated in these contractual terms, the following legal provisions are authoritative:

1. REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market;
2. Act V of 2013 on the Civil Code;
3. Act CLXIV of 2005 on Commerce;
4. Act CLV of 1997 on Consumer Protection;
5. Government Decree 45/2014 (II. 26.) on detailed rules of contracts between consumers and businesses;
6. Government Decree 373/2021 (VI. 30.) on detailed rules of contracts between consumers and businesses for goods sales and digital content and digital service provision;
7. Act CVIII of 2001 on electronic commerce services and certain issues related to information society services;
8. Act XLVII of 2008 on prohibition of unfair commercial practices against consumers;
9. Act XLVIII of 2008 on basic conditions and certain restrictions of economic advertising activities;
10. NGM Decree 19/2014 (IV. 29.) on procedural rules for handling warranty and guarantee claims for goods sold under consumer and business contracts.

19. Complaints, Legal Enforcement, Supervision over Service Provider

19.1. Complaints

19.1.1. Users may contact the Service Provider with complaints about the Service Provider's service, behavior, activity, or omission of its members, employees, or persons acting in the Service Provider's interest or favor directly related to marketing and selling goods to consumers, and about goods quality, at the following contact points by letter, phone, and email:

Smartmix Kft. Address: 1214 Budapest, Festő u. 31/b Email: info@smartnevjegy.hu

The Service Provider immediately examines oral complaints and remedies them immediately if necessary. If this is not possible, or in case of User disagreement, and for written complaints, the Service Provider responds in writing within thirty days at the latest.

19.1.2. Possibility of turning to conciliation body

Users (consumers) may also request the free procedure of a conciliation body regarding product quality, safety, application of product liability rules, service quality, and contract conclusion and fulfillment between parties.

If the Consumer has a residence or place of stay in Hungary, the conciliation body operated by the county (metropolitan) chambers of commerce and industry according to this residence or place of stay is competent. Contact information for conciliation bodies can be found at https://www.bekeltetes.hu/index.php?id=testuletek.

The consumer may designate another conciliation body different from the above in their request.

Conciliation body competent according to Service Provider's registered office:

Budapest Conciliation Body operated by Budapest Chamber of Commerce and Industry Address: 1016 Budapest, Krisztina krt. 99. I. floor 111. Postal address: 1253 Budapest, P.O. Box 10. Phone: +36 1 488 2131 Email: bekelteto.testulet@bkik.hu Website: https://bekeltet.bkik.hu/

In absence of Consumer's Hungarian residence and place of stay:

In Hungary, the Budapest Conciliation Body operated by the Budapest Chamber of Commerce and Industry is authorized to proceed in cross-border consumer and trader disputes related to online sales or service contracts. Contact information for the Budapest Conciliation Body operated by the Budapest Chamber of Commerce and Industry can be found at https://bekeltet.bkik.hu/, and here:

Budapest Conciliation Body operated by Budapest Chamber of Commerce and Industry Address: 1016 Budapest, Krisztina krt. 99. I. floor 111. Postal address: 1253 Budapest, P.O. Box 10. Phone: +36 1 488 2131 Email: bekelteto.testulet@bkik.hu Website: https://bekeltet.bkik.hu/

The Service Provider is subject to cooperation obligation in conciliation body procedures.

The conciliation body is an independent body operated by county (metropolitan) chambers of commerce and industry. Its scope includes out-of-court resolution of consumer disputes on the above-mentioned topics: attempting to create agreement for this purpose, and in case of unsuccessfulness, making decisions in the matter to ensure simple, fast, effective, and cost-saving enforcement of consumer rights.

The conciliation body provides advice on consumer rights and obligations upon request of the consumer or business.

19.2. Legal Enforcement through Courts

The contracting parties mutually cooperate to resolve possible disputed issues out of court, through negotiation in the shortest time and with the least cost. If this does not lead to results, the User may initiate proceedings at the district court according to their residence or place of stay, or at Kalocsa District Court according to the Service Provider's registered office.

19.2.1. If the User lives in the European Union, they may use the European Commission's online dispute resolution tool regarding complaints about products or services purchased online.

European Commission's Online Dispute Resolution Platform Website: https://webgate.ec.europa.eu/odr

The EU created this internet-based platform for consumers who wish to complain about products or services they purchased online and want to request a neutral third party (dispute resolution body) to handle the complaint.

Further information about the online dispute resolution platform and its use, and dispute resolution methods can be found on the website accessible through the above link.

19.2.2. Users may turn to the competent county government office according to their Hungarian residence as a consumer protection authority with complaints about goods quality, Service Provider (member, employee) or person acting in its interest or favor behavior, activity or omission, service quality, and application of liability rules. Contact information for territorially competent government offices can be found at https://www.kormanyhivatal.hu/hu/elerhetosegek.

Users may also turn to the consumer protection authority according to the Service Provider's registered office with their complaints:

Budapest Consumer Protection Authority Address: 1016 Budapest, Krisztina krt. 99. I. floor 111. Postal address: 1253 Budapest, P.O. Box 10. Phone: +36 1 488 2131 Email: bekelteto.testulet@bkik.hu Website: https://bekeltet.bkik.hu/

19.3. Supervision

19.3.1. Registration number of activity registered by commercial authority and authority name: Under registration.

19.3.2. Supervision related to data processing: Users may exercise their legal enforcement possibilities before courts and may turn to the National Authority for Data Protection and Freedom of Information:

National Authority for Data Protection and Freedom of Information Address: 1055 Budapest, Falk Miksa utca 9-11. Postal address: 1363 Budapest, P.O. Box 9. Phone: +36 1 391 1400 Fax: +36 1 391 1410 Email: ugyfelszolgalat@naih.hu Website: http://www.naih.hu/

When choosing the court route, the lawsuit may also be initiated - at the affected User's choice - before the regional court according to the affected party's residence or place of stay, since lawsuit adjudication falls under regional court jurisdiction.

Effective Date: 2024.01.09.

Smartmix Kft.