Present Terms and Conditions (hereinafter referred to as: “Terms and Conditions”) defines the terms of use of www.amnesia.hu website (hereinafter referred to as: website) and the relevant terms of service for users of (hereinafter referred to as: User/Customer) services on the website. That technical information necessary to use the website, that is not included in present Terms and Conditions, is provided by the notices available on the website. The User acknowledges and accepts the conditions included in present Terms and Conditions. Please, read the present document carefully prior to use of the website!

Subject of contract

The subject of the contract is the webshop found on www.amnesia.hu website (hereinafter: AMNESIA webshop), through which the Trader sells its products, so the online sale of all – on the website presented – goods (hereinafter: of the Trader. The features and characteristics of the Products are presented on the specific page of the goods. The Trader uploads the data and features of the products based on the information to the best of their knowledge, it shall not take responsibility for minor differences compared to photographs on the website.

The present Terms and Conditions cover every electronic commercial service provided in the area of Hungary, that takes place through the AMNESIA webshop. To purchases taking place in AMNESIA webshop, the Act 108 of 2001 on certain issues of electronic commerce activities and information society services (“Electronic Commerce Act”), furthermore the Government Decree of 45/2014 (26 February) (Government Decree) on detailed rules of contracts between consumers and the enterprise are relevant.

The seller
The seller is BEKK X2 Kft. regarding every Product.
Name of the Trader: Bekk X2 Kft.
Establishment: 1064 Budapest Podmanicky 71.
Branches: 2051 Biatorbágy, Budaörsi út 4. and 4090 Polgár, Hajdú út 52.
Name of Clerk: Zoltán Kun
Mobile phone: +3630 325 70 71
Telephone: +3612692246
Email: webshop@amnesia.hu
Registered by the Registry Court of Tribunal of Budapest Under the company registry number 01-09-861545
Established on 20 May 2003, by a concept of establishment dated on 1 January 2003
Tax number: 13007887-2-42
Membership in chambers: Budapest Chamber of Commerce and Industry
Data of domain service provider: Sigmanet Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság, 1132 Budapest, Victor Hugo utca 18-22.

Registration

Only registered Users may purchase Products in the AMNESIA websop. Registration is available by filling out of the registration sheet or using a Facebook account. For registration, an existing email address, first and last name and password should be required to fill out a registration sheet. In the event of using a Facebook account, an email address and the password used on Facebook are required. By the registration, the User provides access to the trader to profile photo of the User, his or her name and email address used on Facebook, but not his or her password. Following the registration, AMNESIA webshop can provide access to its Users to purchase Products, view of former purchases and modification of the data provided.

The Service Provider shall bear no liability whatsoever for damage due to that, if the User forgets his or her password or it becomes available – not for reasons imputable for the Service Provider. Purchase in AMNESIA webshop is possible by placing an order electronically, in a manner defined in the present Terms and Conditions as follows.

Selection of Products

Users may select the Product and its number of pieces to be ordered on the pages of each Product (the default number of pieces is one). The Service Provider may limit the quantity of order to the Products. Provide the number of pieces to be purchased and click to the button “Add to the cart” to place an order. A window will pop up in the middle of the display afterwards, in which the user may select, whether to view the content of the cart or continue shopping. If the user finished purchase, he or she should log in to the cart either in the abovementioned manner or by clicking to the “cart” icon in the upper right corner of the website. If the user wishes to continue shopping, he or she can step back to the product categories by clicking on the “back to the store” and he or she may place further products to the cart. If the user wishes to purchase the content of the cart, he or she should click to “purchase” button.

Method of shipping

Following the selection of products, the user should provide the place of delivery of the parcel. The user may elect, if he or she wishes his or her parcel to be delivered by a courier service company or he or she dispatches it personally at a GLS ParcelShop. In the event of a delivery by a courier, the user shall provide his or her telephone number, name, if he or she purchases as a legal entity, also company name, billing address and shipping address, if it is not the same as the billing address.

In the event of a delivery at a GLS ParcelShop, the user may select, at which shop he or she wishes to dispatch the parcel. Information is also provided at the selection of the parcel shop, whether payment by bank card is available at the given parcel shop.

Method of payment

Following the steps above, the user may select the method of payment, that may be a payment by cash at the delivery and payment by bank card when the order is placed.

Summary, correction of data recording errors

Following the selection of the method of payment, a summary is sent to the user on his or her order, through the review of which, the user has an opportunity to check out the provided data and to identify the possible data recording errors. In the event of detecting a mistake, the user can correct the data of the order by stepping to a previous page. The Service Provider shall bear no responsibility whatsoever for a shipping delay and other problems leading back to incorrectly or inaccurately provided data even after they are checked out. If the customer detects errors in his or her shipping data following the confirmation the order, modification is possible in a notification via telephone or email within six hours.

If no defect is detected in the data of the order, by clicking the „Order” button, the order is placed. By placing the order, a payment obligation is generated to the Customer. Following the placement of the order, our system sends an automatic confirmation email immediately, but within no later than 48 hours, listing the products placed in the order, the amount of money of the purchase and the shipping costs. In the event of a personal dispatch, please wait for the confirmation of our colleague in every case (WHICH IS NOT THE SAME AS OUR AUTOMATIC SYSTEM MESSAGE SENT FOLLOWING THE PLACEMENT OF THE ORDER!), before You go to dispatch your parcel!

We bring the attention of every customer, by the provisions regarding internet trade, placing an order to goods generates an obligation to purchase and dispatch of the products at the same time. An order placed by the customer shall be qualified as a bid to entering into a contract, that is considered as accepted by the confirmation and the parties enter the contract. The contract shall not be qualified as a written one, the trader shall not record it, it shall not become available later.

Following its automatic confirmation, the trader shall notify the customer on the performance of the order and the date of shipping of the product in another email.

We bring to attention of our customers, that following the placement of the order and its automatic confirmation, the trader reserves the right to refuse the performance of the order and therefore to cancel the entered contract. In the event of this, following the automatic confirmation, the trader shall notify the customer on the refusal of the order and not the expected date of delivery, in this case, no payment obligation is generated to the customer.

The trader may refuse the performance of an order in that case, if the customer did not dispatch ordered products at least twice, or the former delivery of the trader was unsuccessful at least twice at the delivery address marked by the customer. The trader may refuse the order also in that case, if the customer exercised his or her right to withdraw without giving a reason earlier, at least twice and he or she sent the ordered goods back.

Purchase price

The price listed next to the product is the gross offer unit price of the product in HUF. The offer price shall be valid in the given moment and it shall become final only, if the customer executes the steps of the ordering process correctly and approves the order. The final price of the product and the shipping service is the price, that is included next to the name of the product in the event of the approval, then in the confirming email sent on the order as well. The final price is amendable by mutual agreement of the parties only. If orders are amended or merged for any reason, the shipping and payment conditions valid at the time of the amendment apply to the amended order.

Conditions of performance

Conditions of order and performance

By placing orders at www.amnesia.hu webshop, every customer agrees to accept the present terms and conditions and he or she is acknowledging the ordering process. The orders are automatically confirmed by our system. Currently we are not in the position to ship products abroad!

Bekk X2 Kft. ships the purchased products within 5-7 working days at the latest, depending on the stock. Except, if a different delivery time is listed at the given product. Our stock is continuously changing; therefore, it may occur, that the product listed on the website is no longer in stock and its order cannot or only partially can be performed. Naturally, in the event of this You are notified in an email and your amended order is conciliated.

Payment conditions

Bank and credit card payments

Bank and credit cards issued by the following cards are accepted: MASTERCARD, MAESTRO, VISA and VISA Electron.

The online payment system of the webshop is provided by BORGUN Payments. Connection to the online payment system and bank card data processing is executed by BORGUN Payments behind a safe SSL connection. In the event of a payment by a bank card, you are redirected to the payment website of Borgun, therefore the payment takes place on a page operated directly by Borgun, in accordance with the rules and security requirements of international bank card companies and not on the website of the webshop. This way, the data of our customers remain safe and BORGUN sends a notification or a purchase receipt on the transactions to the email address of the user directly.

The purchase technically takes place in a way, that following the option of payment by bank card, the browser of the customer is redirected to the safe website of BORGUN Payments, where the holder of the bank card provides the data of the bank card, therefore they may get into the possession neither of our company nor any other unauthorised person. Server of the bank and Your computer only see the provided data. Following a successful transaction, your browser jumps back to our website, where we confirm the successful purchase.

In the event of a personal dispatch of the ordered goods, the amount of the order can be paid by a bank card as well, if payment by bank card is available at the Parcel Shop.

Cash on Delivery (COD)

The amount of the shall be paid in cash to the courier at the delivery of the ordered goods. (The "Cash on Delivery" payment method is not an option outside the borders of Hungary.)

Shipping conditions in Hungary

The products selected and ordered at the webshop is delivered to you by the GLS Courier Service. Date of delivery is 5-7 working days from placement of the order. GLS courier service delivers on working days from 8 a.m. until 6 p.m. Please, take into account, we are not in the position to precisely inform you in advance, when the couriers distribute in the given area. Usually it is true, that they deliver on the working day following the sending, but unfortunately, we are unable to guarantee a delivery to definite time.

If You or a family member of yours are absent from home, provide an address, where the parcel can be delivered to (e.g. your workplace). You may enter other information in relation to the shipping address (e.g. working hours from the delivery period) and please provide your mobile phone number to the courier by all means. In the event of an unsuccessful delivery it may occur, that your order will be delivered not on the next working day, but at a time agreed with the courier in advance. GLS Customer Service is also available on working days between 7 a.m. and 8 p.m. in relation to shipping of parcels. Telephone: +361 802-0265, E-mail: info@gls-hungary.com, website: http://www.gls-hungary.com.

Our shipping prices in Hungary

HUF 1,500 below HUF 20,000
HUF 0 (FREE OF CHARGE) above HUF 20,000
Our fees include 27% of VAT.

If we are not in the position to delivery an item ordered, the shipping costs are adopted to the amount of the order placed.

Terms of delivery outside Hungary

The products selected and ordered in the store will be delivered to you by courier service. The delivery deadline is 2-10 business days after the order is dispatched. Customers  will be notified automatically of the delivery date on the next business day after the order is confirmed.

Shipping charges may vary from country to country, and the exact amount of charges will be communicated to customers at the time of ordering, after the delivery address, and selection of goods were chosen.

Damaged parcel

Please, be so kind to examine the box before the delivery in front of the courier. If you experience a damage on the box, that refers to the damage of the goods it contains, have minutes recorded and do not accept the parcel. If there is a small dent or scratch on the box itself, it does not refer to the damage of the product in it. In the event of deficiency of minutes, we are not in the position to exchange the parcel free of charge. If you experience a damage, please contact our customer service immediately at the email address of webshop@amnesia.hu or at +36 1 269 22 46 telephone number in the working hours.

Right to withdrawal

You are entitled to withdraw from this contract within 14 days without giving a reason. The date of withdrawal expires in 14 days calculated from that day, on which the product is delivered to You or a third party marked by You, different than the hauler.

If you wish to exercise your right to withdrawal, you shall send your clear consent containing your intention to withdraw to the following address (e.g. via post, telefax or in an email):

Name of the Service Provider: Bekk X2 Kft.
Establishment: 1064 Budapest Podmanicky 71.
Telephone: +3612692246
Email address: webshop@amnesia.hu

You may exercise your withdrawal by filling out the following sample of consent as well.

„Sample of consent to withdrawal"

(Fill out and send it in case of an intention to withdrawal from the contract only.)

Addressee: Bekk X2 Kft., 1064 Budapest Podmanicky 71.

Undersigned, I/we hereby declare to exercise my/our right to withdraw regarding the contract to the sale of the following product(s):

Date of entry into contract/date of delivery:

Name of Consumer(s):

Address of Consumer(s):

Address of Consumer(s): (in the event of a consent made on paper only)

Dated:

You exercise your right to withdraw within the time limit, if you send your declaration of withdrawal prior to the deadline marked above expires.

Legal effects of the withdrawal

If you withdraw from this contract, every compensation performed by you, including the transport costs (except those additional costs, that emerged, because You elected a different method of transport than the cheapest, usual method of transport offered by us) shall be refunded to You immediately, but no later than 14 days of the receipt of your declaration of withdrawal. During the refund, a method of payment equal to the method of payment applied during the original business shall be applied, except, if You give your explicit consent to the use of another method of payment; You shall bear no additional costs whatsoever due to the application of this method of refund. The refund may be reserved until the product is sent back or You have not confirmed, that it has been sent back: the former date of the two shall be taken into consideration.

You shall send back or give over the product to us without any reasonable delay, but no later than 14 days from the announcement of your declaration of withdrawal. The time limit is considered as observed, if the product is sent before the time limit of 14 days is expired. You shall bear the direct costs of sending the product back.

You may be taken responsibility for the value reduction of the product only, if it occurred because of a use exceeding the use necessary to declare the nature, characteristics and functioning of the product.

In which cases are you entitled to exercise your right to express warranty?

In the event of the defected performance of the trader, you may enforce an express warranty in accordance with the rules of Civil Code.

What rights are You entitled to on the basis on Your express warranty right?

You may have the following express warranty of your choice:

You may request a repair or an exchange, except, if the option of your choice is impossible to be fulfilled or it would have inappropriate additional costs to the enterprise compared to the fulfilment of the demand of others. If you did not or could not request a repair or an exchange, you may demand the appropriate delivery of the compensation or You may repair the defect, or you may have it repaired at the cost of the enterprise or – in a final case – you may withdraw from the contract.

You may shift from your elected right to express warranty to another, but You shall bear the cost of the shift, except, if it was reasonable or the enterprise provided a reason to that.

How long are you entitled to enforce Your express warranty right?

You shall announce the defect immediately after it is detected, but no later than two months following the detection of the defect. At the same time, I bring your attention to that beyond the period of limitation of two years from the performance of the contract, you are no longer entitled to enforce your express warranty rights.

Whom are you entitled to enforce your express warranty to?

You are entitled to enforce your express warranty to the enterprise.

What are the other conditions of enforcement of express warranty rights?

Enforcement of your express warranty right has no other condition than announcing the defect within six months from the performance, if You certify, that the enterprise provided the product and service. But in the event of more than six months after the performance, You shall prove, that the defect detected by You existed even at the time of the performance.

In which cases are you entitled to exercise your right to product warranty?

In the event of a defect of a movable tangible property (product), You may enforce your right – of Your choice – defined in Section 1 or a product warranty.

What rights are You entitled to on the basis of Your product warranty right?

As a product warranty right, You are entitled to request the reparation or exchange of the defected product only.

When is the product qualified as defected?

The product is defected, if it does not meet the qualitative requirements in force at the distribution or it does not possess the characteristics included in the description provided by the manufacturer.

How long are you entitled to enforce Your product warranty right?

You may enforce your product warranty right in two years from the distribution of the product by the manufacturer. You lose this right after this deadline expired.

Who are You entitled to enforce your product warranty rights and what are the other conditions of it?

You are entitled to exercise your product warranty right to the manufacturer or distributor of the movable tangible assets only. You shall prove the defect of the product in the event of enforcement of the product warranty right.

What event is the manufacturer (distributor) exempted from its product warranty obligation in?

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

 – the product was not manufactured or distributed in the course of its business, or
 – the defect was not detectable at the time of the distribution in accordance with the state of science or technology or
 – the defect of the product is due to the application of the provision of law or a compulsory authoritative requirement. The manufacturer (distributor) shall prove only one reason to the exemption.

The manufacturer (distributor) shall prove only one reason to the exemption.

I bring your attention to that, you are not entitled to enforce express warrant and product warrant right for the same defect at the same time, parallel to one another. In the event of a successful enforcement of your product warranty right, you are entitled to enforce your express warranty rights regarding to the exchanged product and the repaired part to the manufacturer.

Guarantee

In relation to the legal conformity guarantee, regarding some durable consumer goods, the Government Decree of 151/2003 22 November) on legal conformity guarantee, regarding some durable consumer goods contains requirements. The substantive scope of the Government Decree applies for the products sold in new consumer contracts entered into in the area of Hungary and listed in the Annex of the Decree only. Regarding the consumer goods listed in the Annex of the Government Decree, the legal conformity is one year, whose starting date is the day of the handover of the product to the Consumer, or if the commissioning is performed by the Service Provider or its commissioner, the day of the commissioning.

The enterprise is exempted from its guarantee obligation in that case only, if it proves, that the reason of the defect was generated after the performance. The User is not entitled to enforce an express warrant and a guarantee right and a product warranty and guarantee at the same time or parallel to one another for the same defect, but the User is entitled to the rights of the guarantee, regardless to the rights from express warranty and product warranty.

Anything that is found on the www.amnesia.hu website, including the microsites, is in the possession of the Trader, or it was used with the expressed permission of the owner of the copyright and/or owner of the trademark. Any copy, distribution, mediation, placement, linking or modification of the website or the microsites is strictly forbidden without the permit of the Service Provider. Infringing the present provisions amounts as severe breaching of the copyright, trademarks or other intellectual rights, which may lead to civil or criminal proceedings of the User. The brand name and logo of AMNESIA are in the possession of the Service Provider. The Service Provider reserves every related right. The Service Provider is entitled to modify the present Terms and Conditions in a one-sided manner after the Users have been informed. The amended provisions come into effect to the User at the time of the first use, following their entry into force, regarding to orders placed afterwards.

The Consumer may submit his or her consumer objections in relation to the product or the activity of the Trader to the following contacts:

Name of the Trader: Bekk X2 Kft.
Establishment: 1064 Budapest Podmanicky 71.
Telephone: +3612692246
Email address: webshop@amnesia.hu
Website: https://www.amnesia.hu/

The Trader shall immediately remedy the oral complaint, if there is an opportunity to that. If there is no opportunity to immediate remedy of the oral complaint due to the nature of the complaint, or if the Consumer disagrees with handling of the complaint, the Trader shall record minutes on the complaint and a copy of it shall be handed over to the Consumer.

The minutes shall contain the name and residential address of the consumer, location, method and time of submission of the complaint, detailed description of the complaint, the directory of papers, documents and other proofs presented by the Consumer, the opinion of the Trader in relation to the complaint, if the investigation is immediately possible, furthermore the signatures of the recorder of the minutes and the consumer (except a complaint submitted via telephone or by other telecommunication service) and date and time of recording of the minutes. The minutes recorded on the complaint submitted via telephone or by other telecommunications services shall contain the specific ID of the complaint as well.

The minutes shall be sent to the Consumer with an actual answer to the complaint within 30 days at the latest.

The Trader shall answer the written complaint within 30 days from the receipt in writing in a useful manner. The Trader shall add an explanation to a refusing reply to the complaint. The Trader shall retent the papers of the complaint handling for five years and present them to the controlling authorities.

In the event of a refusal of the complaint, the Consumer shall be informed about that, that a consumer legal debate may be initiated before the conciliation board competent in accordance with the place of residence. Also, the contacts of the Conciliation Board are included in the information (establishment, telephone number and internet contact).

Further information on conciliation boards are available for consumers in the following link:

http://www.fogyasztovedelem.kormany.hu/node/8579

Further information on conciliation boards are available for consumers in the following link:

Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: +36 (1) 488-2131
Telefax number: +36 (1) 488-2186
President: Dr. György Baranovszky
Email address: bekelteto.testulet@bkik.hu

You may submit your complaint in relation to your purchase to an approved debate settling body in the following platform as well.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU

Amendment of Terms and Conditions and prices

The Service Provider is entitled the present Terms and Conditions, the prices and other listed prices of the products listed in the website not with a retrospective force anytime, the amendment enters force after it is published on the website and it shall apply to the transactions following the entry into force only.

Technical limitations

A purchase on the website assumes the acknowledgement and acceptance of the opportunities and limitations of the Internet by User, the technical performances and emerging errors in particular. The Service Provider shall bear no responsibility whatsoever, if any operational error is detectable in the internet network, that prevents the operation of the website and the purchase.