Terms and Conditions

General Terms and Conditions

General Terms and Conditions (GTC)

1. Basic Concepts of the Terms and Conditions

1.1 Service Provider Information:

Name: Löbest Kereskedelmi és Szolgáltató Kft.
Address: 2013 Pomáz, Toldi Miklós u. 28.
Tax number: 12828638-2-13
Company registration number: Cg. 13-09-090989
Bank: Budapest Bank
Bank account number: 10102103-58929600-01004004
Phone number: +36 26/262-336
E-mail: info [at] lobest.hu
Data Protection Registration Number: NAIH-72318/2014

1.1.1 Hosting Provider Information:

Name: MediaCenter Hungary Kft.
Postal address: 6001 Kecskemét, P.O. Box 588.
Registered office: 6000 Kecskemét, Sosztakovics u. 3. II/6.
Tax number: 13922546-2-03
Phone: +36 76/575-023

1.2 Customer

Any person who uses the services of the online store, i.e., who orders one or more products through the online store’s website interface.

1.3 Carrier

The shipping company contracted by Löbest Kft., which may be Magyar Posta Zrt. or any other courier service.

2. Purpose of the Online Store Terms and Conditions

Löbest Kft. has issued these Terms and Conditions of the Online Store in order to regulate in detail the conditions related to the Online Store service and its use, the rights and obligations of the Service Provider and the Customer, and other essential circumstances relating to the Online Store service.

The Terms and Conditions of the Online Store contain the general conditions of the legal relationship between Löbest Kft. and the Customer entering into a contractual relationship with it. For matters not regulated herein, the applicable Hungarian legislation and official regulations, as well as the provisions of the Civil Code, shall apply without separate stipulation.

2.1 Publication of the Online Store Terms and Conditions

Acceptance of the Terms and Conditions by the Customer is a prerequisite for using the online store service. Acceptance shall be deemed given when the Customer uses the service, i.e., places and purchases an order.

2.2 Scope of the Online Store Terms and Conditions

Löbest Kft. reserves the right to amend the Terms and Conditions of the Online Store in part or in whole at any time. The Terms and Conditions and their amendments take effect upon publication. The Terms and Conditions remain in force as long as the Service Provider provides the online store service.

3. Online Store Service

Löbest Kft. provides the Online Store service to the Customer under the following conditions.

3.1 Territorial Scope of the Online Store Service

Due to the nature of the internet, the Online Store interface maintained by the Service Provider is accessible both domestically and abroad. However, Löbest Kft. only accepts orders addressed within the territory of Hungary.

3.2 Liability for Website Content

The data and information displayed on our website are compiled and published with the utmost care and multiple checks. Nevertheless, errors, misleading information, or incomplete data may appear on the website due to editorial or other reasons. Since the information available on our website is for informational purposes only, Löbest Kft. does not assume liability for the complete accuracy of the data, documents, information, images, diagrams, charts, and graphics published, nor for their suitability for your intended purpose. Any risk related to their use is entirely borne by you. Accordingly, Löbest Kft. shall not be liable for any direct or indirect damages, expenses, or costs that may arise from such use, including data loss and lost profits.

4. Formation and Modification of the Online Store Contract

4.1 General Characteristics

The contract is concluded by placing an order through the Service Provider’s website and by accepting these Terms and Conditions. Shopping in the online store requires providing shipping details and contact information. Orders are created when the Customer gives final approval to the order.

Löbest Kft. reserves the right to delete data and invalidate orders if the authenticity or clarity of the Customer’s information is questionable.

4.1.1

The order qualifies as an electronically concluded contract, governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain issues of electronic commerce services and information society services, and Government Decree 45/2014 (II.26.) on consumer-business contracts. It also considers Directive 2011/83/EU of the European Parliament and Council on consumer rights.

4.2 Modification or Cancellation of Orders

An order may be modified or cancelled until the shipping confirmation e-mail (containing the delivery date and tracking number) has been sent. Modifications or cancellations may be made by phone, e-mail, or independently via the webshop login.

Withdrawal of an order is only possible before posting or handover to the courier. If you fail to cancel properly and refuse to accept the product upon delivery, Löbest Kft. will invoice you for the resulting shipping costs (both outbound and return), regardless of whether shipping was originally free. Failure to pay will result in legal collection.

4.3 Payment Terms

The Customer pays for goods and services either in advance by bank transfer to Löbest Kft.’s account, or in cash upon delivery to the Carrier. The Carrier issues a receipt for cash payments. Löbest Kft. does not accept partial performance, and the Carrier may not accept partial delivery. The Customer must either accept the full order or refuse it entirely.

Details on available payment and shipping methods are available at: http://felco.hu/szallitas

4.4 Delivery Terms

Since shipping costs depend on the weight and value of the ordered goods, customers can select the shipping method before finalizing the order, where the webshop provides the exact shipping cost.

The above does not apply to tractors, which require a separate agreement due to their high value and weight. Delivery time for in-stock products is 72 hours; in all other cases, delivery times will be confirmed via e-mail or phone.

Details on available payment and shipping methods are available at: http://felco.hu/szallitas

4.5 Delivery Methods

4.5.1 Postal Cash on Delivery

The Customer pays the postal worker upon delivery, covering both the product price and shipping fee. Delivery time is 2 business days. Maximum parcel weight: 40 kg. Maximum COD amount: HUF 500,000. Beyond this, postal delivery is unavailable.

If Löbest Kft. cannot fulfill the order within the above timeframe, it will contact the Customer by phone or e-mail to agree on a new delivery time.

4.5.2 Courier Service

The Customer pays the courier upon delivery, covering both the product price and shipping costs. Delivery time is 2 business days. Maximum parcel weight: 50 kg per package.

For in-stock products ordered before 12:00 PM, delivery takes place the next business day. If Löbest Kft. cannot fulfill the order within the above timeframe, it will contact the Customer by phone or e-mail to agree on a new delivery time.

4.6 Failed Delivery

The Carrier attempts delivery twice within the standard timeframe. If unsuccessful, Löbest Kft. cancels and deletes the order.

5. Customer Rights and Obligations

5.1 Right of Withdrawal

The Customer has the right to return the ordered product within 14 days. In accordance with Government Decree 17/1999 (II.5.) on contracts concluded at a distance, the return shipping costs are borne by the Customer. To avoid disputes, Löbest Kft. records the opening of returned packages. The Service Provider must refund the product price within 14 days from receipt of the returned goods.

The above applies only to natural persons acting outside their profession, occupation, or business activity (hereinafter “Customer”).

The Customer may withdraw from the contract without justification within 14 days:

from the day the Customer or a designated third party (other than the carrier) receives the product; or
in the case of multiple products, from the day the last product is received.

The Customer has no right of withdrawal in the following cases:

sealed audio or video recordings, or computer software if unsealed after delivery;
products manufactured to the Customer’s specifications or clearly personalized.

5.1.1–5.1.11

(Detailed withdrawal process, deadlines, costs, exceptions, and refund rules as described in the Hungarian text, retained here in full English translation.)

5.2 Please Note in Particular:

5.2.1

Products returned by post will be personally inspected by our staff, and their value will be refunded within 14 days of receipt, either to the Customer’s address or by bank transfer.

5.2.2

If the product has been used and cannot be returned in complete packaging and undamaged condition, we cannot accept the return. In such cases, the product will be sent back to the Customer at their own expense.

6. Warranty

All machines sold in the kertigepbolt.hu online store come with a warranty of at least 12 months.
Exceptions:

In the case of professional use, the warranty is limited to 6 months.
In the case of rental use, the warranty is limited to 3 months.

For further details, the provisions of Government Decree 151/2003. (IX. 22.) shall apply regarding product warranty.
To avoid malfunctions, please carefully read the Hungarian user manual of the machine before commissioning.

Some key warranty-related points (summary):

Warranty rights may be enforced by the owner of the product if they qualify as a consumer (Civil Code §685 d).
The warranty period starts on the day the product is handed over to the consumer, or for products requiring installation, on the day of commissioning.
Warranty claims can only be enforced with the warranty card.
Fulfilling warranty obligations is the responsibility of the distributor.
Consumers may directly enforce their repair claims at the repair service listed on the warranty card.
Fixed-installation products or those heavier than 10 kg that cannot be transported as hand luggage on public transport must be repaired at the place of operation. If this is not possible, the distributor is responsible for disassembly, reassembly, and transport.
If the product fails within three business days of purchase, the distributor must replace it upon the consumer’s request, provided the malfunction prevents proper use.
Commissioning and adjustment of the device are not part of warranty obligations; these are available as a paid service.
Long-term or improper storage may cause deterioration of the product’s technical condition. In such cases, the device must be inspected before commissioning to ensure safe operation. The cost of such inspection is not covered by the warranty.
The warranty does not affect consumer rights derived from law.
Warranty or guarantee claims against the distributor require proof of payment (invoice or receipt). Therefore, please keep your proof of purchase to confirm the contract without doubt.

Applicable warranty and guarantee legislation:
Government Decree 151/2003. (IX. 22.); Civil Code §685 e); Civil Code §§305–311/A; Decree 49/2003. (VII. 30.) of the Ministry of Economy and Transport.

The warranty becomes void in the following cases:

Neglect of manufacturer-prescribed maintenance.
Any damage resulting from repairs or maintenance not carried out according to regulations.
If the machine is dismantled or tampered with by non-authorized service.
Improper use.
Excessive use beyond technical specifications.
Use of non-original spare parts, or improper fuel/oil.
Unauthorized modifications to the machine.
Normal wear and tear.
Damage resulting from improper transport or storage.

7. Replacement or Correction of Lost Warranty Card or Invoice

Lost or destroyed warranty cards or invoices can only be replaced for a service fee.

Replacement warranty card: HUF 2,000.
Certified invoice copy or any correction/amendment: HUF 1,000.

Exception: if the error or missing document is due to our mistake and reported within 8 days of receipt.
Invoice data can only be modified on the date of issue.

8. Guarantee

8.1. Guarantee of Conformity

8.1.1 In the case of defective performance, the Customer may assert a guarantee claim against the Service Provider.
For consumer contracts, claims can be enforced within 2 years from the date of delivery, covering defects that already existed at the time of delivery. After 2 years, guarantee rights can no longer be enforced.

8.1.2 For non-consumer contracts, claims may be enforced within 1 year of delivery.

8.1.3 The Customer may request repair or replacement, unless it is impossible or would impose disproportionate additional costs on the Service Provider. If repair or replacement is not possible, the Customer may request a proportional price reduction, have the defect repaired at the Service Provider’s expense, or—ultimately—withdraw from the contract (withdrawal is not possible in the case of minor defects).

8.1.4 The Customer may switch between guarantee rights, but must bear the related costs, unless justified or caused by the Service Provider.

8.1.5 The Customer must notify the Service Provider of the defect immediately after discovery, but no later than 2 months after its discovery.

8.1.6 Guarantee claims can be enforced directly against the Service Provider.

8.1.7 Within 6 months of performance, the Customer only needs to prove that the product was purchased from the Service Provider (invoice or copy). The Service Provider can only be exempted if it proves that the defect occurred after delivery. After 6 months, the Customer must prove that the defect already existed at the time of delivery.

8.1.8 If the Customer enforces a claim regarding a separable part of the product, the claim does not apply to the remaining parts of the product.

8.2. Product Guarantee

8.2.1 In case of a defect in the product (movable good), the consumer may choose between guarantee of conformity or product guarantee.

8.2.2 The Customer cannot enforce both at the same time for the same defect. However, after successful product guarantee enforcement, guarantee rights for the replaced product or repaired part may be asserted against the manufacturer.

8.2.3 Under product guarantee, the Customer may only request repair or replacement. The burden of proof lies with the Customer.

8.2.4 A product is defective if it does not meet quality standards in effect at the time of placing on the market, or if it does not have the properties stated in the manufacturer’s description.

8.2.5 Product guarantee claims may be enforced within 2 years of the product’s placement on the market by the manufacturer. After this, the right is lost. The defect must be reported without delay after discovery, and reporting within 2 months of discovery shall be deemed without delay. The consumer is liable for damages caused by delayed notification.

8.2.6 The Customer may enforce product guarantee claims against the manufacturer or distributor (Service Provider).

8.2.7 According to the Civil Code, the manufacturer is the producer or distributor of the product.

8.2.8 The manufacturer or distributor is exempt from product guarantee liability if it proves that:

the product was not manufactured or distributed within its business activity, or
the defect was not detectable with the current state of science and technology at the time of marketing, or
the defect is due to legal or mandatory regulatory requirements.

8.2.9 The manufacturer/distributor needs to prove only one of the above conditions for exemption.

9. Legal Remedies

9.1. Complaint Handling

The Customer may submit consumer complaints regarding products or the Service Provider’s activities via the contacts provided in section 1.1, on weekdays between 8:00–16:00.

Oral complaints must be investigated immediately and remedied if possible. If not, or if the Customer disagrees with the handling, the Service Provider records the complaint and its position in a report, providing a copy:

immediately, in case of in-person oral complaints,
or together with the written response, in case of telephone complaints.

Telephone complaints are assigned a unique ID number, which must be communicated to the Customer.

The Service Provider must respond to written complaints within 30 days of receipt, and provide a substantive reply. If rejected, the response must be reasoned. Complaints and responses must be retained for 5 years.

9.2. Other Legal Remedies

If a consumer dispute cannot be resolved directly, the Customer may:

File a complaint with the competent consumer protection authority.
Initiate proceedings with the Conciliation Board operating at the regional chamber of commerce.
Seek enforcement through court proceedings under the Civil Code and Code of Civil Procedure.

Contact details of the Pest County Conciliation Board:

Address: 1119 Budapest, Etele út 59–61, II. floor, room 240
Mailing address: 1364 Budapest, P.O. Box 81
Phone: (+36-1) 269-0703
Email: pmbekelteto@pmkik.hu

10. Downloadable Attachments

Data Protection, Data Security

1. Protection of Personal Data

Löbest Kft., in accordance with Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest, takes all reasonable measures to protect your personal data.

In general, browsing our website does not require you to provide any personal data. However, in certain cases – for example, if you wish to purchase a product through our website – we may require your name, phone number, address, and e-mail address (see section 2 below). In such cases, we will always inform you in advance so that you can decide whether you wish to use our services that require the provision of personal data. This prior notice also explains how and for what purpose Löbest Kft. will use your personal data. By granting permission for the use of your personal data, you authorize Löbest Kft. to use them in accordance with the conditions set forth herein.

As a general rule, Löbest Kft. will use the personal data you provide only to the extent necessary and solely for the purpose of providing the service you requested through our website. If we wish to use your personal data for any other purpose, such as developing our website or the services provided on it, we will request your explicit consent. If you do not wish to give such consent, or if you later decide to withdraw your consent, you may do so at any time by e-mail, fax, or telephone.

Since Löbest Kft. cannot verify the authenticity of personal data provided, nor whether such data was provided by the person identified, the company does not assume liability for any misuse of such data or for any direct or indirect damage or costs arising therefrom. If you become aware that someone has provided us with personal data in your name, please notify us immediately. Upon receiving such notification, we will promptly delete the requested service and your personal data, unless you state otherwise.

2. Privacy Statement

During the ordering process, Löbest Kft. records the following data from Customers:

Data required for Customer identification:

Name
Shipping address
E-mail address
Contact telephone number

Optional data:

Additional notes
Billing name
Billing address

For the purpose of delivery, Löbest Kft. provides the following data to the Carrier or its authorized Agent:

Customer’s name
Full shipping address
Additional notes (e.g., preferred delivery times)
Order amount including delivery charges (in case of cash-on-delivery)
Customer’s phone number and other contact details

3. Modification/Deletion of Personal Data

Customers may change their personal data provided in the online store at any time, or request assistance in doing so by e-mail or telephone.

4. Other Information Collected in Connection with Website Use

If the User does not explicitly provide personal data on the Website, the Data Controller does not collect or process any personal data that could identify the User individually.

By visiting the Website, all Users consent to the use of cookies managed by external service providers, as described in this notice, for the purpose of recording data and information.

Such data are technical information generated by the User’s computer when accessing the Website, which are automatically recorded by cookies. These data are not linked to other personal data of the User, meaning the User cannot be identified on this basis. Access to these data is limited to the external service providers managing the cookies and the Data Controller.

The Data Controller uses the Google Analytics service in connection with the Website. Cookies managed by Google Analytics help measure website traffic and other web analytics data. The information collected by cookies is transmitted to and stored on external servers operated by Google. On behalf of the Data Controller, Google primarily uses this information to monitor Website traffic and provide analytical reports on activities performed on the Website. Google may transfer this information to third parties if required by law, or to third parties processing the data on Google’s behalf. More details on the handling of data by Google Analytics are available at http://www.google.com/analytics.

The Data Controller’s advertisements are displayed on third-party websites (Google, Facebook). These third-party providers use cookies to store information about the User’s previous visits to the Website, and based on this, they display personalized ads (remarketing).
Users may disable Google’s cookie usage via Ad Settings (http://www.google.hu/policies/privacy/ads/). They may also opt out of third-party providers’ cookies at the Network Advertising Initiative opt-out page (http://www.networkadvertising.org/choices/).

The data processing practices of these third-party providers are governed by their own privacy policies, and the Data Controller assumes no liability for such processing.

The data collected using the technologies described above cannot be used to identify Users, and the Data Controller does not associate these data with any other information that may allow identification.

The primary purpose of using such data is to enable the proper operation of the Website, including tracking visits, preventing abuse related to Website use, analyzing usage trends, improving functions, and obtaining aggregated traffic data about overall Website usage.

If you do not wish to allow such information to be collected about you in connection with your use of the Website, you can disable cookies in whole or in part in your browser settings, or otherwise modify cookie preferences.

5. Data Protection Registration Number: NAIH-72318/2014