General Terms And Conditions

TERO PERGOLA
Effective: from 01.07.2024 until revoked

The purpose of these General Terms and Conditions (hereinafter referred to as “GTC”) is to define the rights, obligations and other terms and conditions of the Contractor and the private Customer, who is a consumer, including the Customer ordering and using a service, who is interested in a service and requests a quotation (hereinafter referred to as “Interested Party“) (hereinafter referred to as “Customer“) in connection with the services provided by the Contractor (hereinafter referred to as “Contractor“). (the Contractor and the Interested Party/Customer hereinafter collectively referred to as the “Parties“). These GTC shall apply to all services entered into between the Contractor and the Interested Party/Customer and shall, together with the terms and conditions set out in the Specific Terms and Conditions of the Offer made by the Contractor and accepted by the Customer (the “Offer“), constitute the Contract between the Parties.

Details of the Contractor:

Name: Teroline Bt.
Registered office: 3067 Felsőtold, Széchenyi utca 73.
Company registration number: 12 06 006101
Tax number: 20704270-2-12
Phone: +36 20 365 5422
E-mail: detty@tero.hu
Represented by Bernadett Biró, Managing Director

1. Concepts

Price offer: a tailor-made offer made by the Contractor to the Customer following the Customer’s preliminary consultation or, in the case of installation, an on-site survey, which is in accordance with the site parameters, technical conditions and the Customer’s – as the consumer – needs.

GTC: these General Terms and Conditions, which contain all the contractual terms between the Parties that are not included in the Specific Contract.

Products: all equipment ordered by the Customer under the Parties’ Contract and to be installed in case of installation. Prior agreement by the Customer to provide the Contractor with the data necessary for the preparation of the Quotation and the Quotation.

Consumer: a natural person acting outside the scope of his or her profession, self-employment or business activity. Consumer Protection Act: Act CLV of 1997 on Consumer Protection

Website: www.tero.hu

Installation: – according to the individual order – delivery of the equipment and tools necessary for the installation, assembly and ready for use of the pergola on the Customer’s property.

Civil Code: Act V of 2013 on the Civil Code.

Contract: means the individual contract for services, the Offer, concluded between the Customer and the Contractor, and these GTC.

Service: delivery of the ordered products (pergola) to the Customer and, if required, their installation, according to the Customer’s individual order.

2. How to use the Service

The Contractor shall specify the ordering, delivery and installation procedure as follows.

2.1. Request a quote
You can request a quote from a contractor in the following forums:

• using the online form on the Website
• by email to detty@tero.hu
• by phone on +36 20 365 5422
• Facebook Messenger message
• Instagram message.

In all cases, the request is followed up by e-mail.
The Contractor shall reply to written requests within 24 hours.
The Contractor shall handle telephone calls according to capacity, and shall return calls not received by 18:00 h on the given day.

2.2. Preparation of a personalised quotation, Preliminary consultation
The Contractor and the Interested Party shall consult each other on the requirements of the Interested Party by e-mail after contact through the channels set out in point 1. On the basis of the final result of the given specifications and the consultation process, the Contractor shall prepare and send by e-mail within 24 hours, but not more than 48 hours, a quotation detailing the materials, costs and planned processes.

2.3. Follow
Within a few days after the Quotation has been sent, the Contractor will contact the interested party to make sure that the Quotation has been received and that it meets his expectations. If you have any questions or requests for modifications, you can indicate them at this stage, on the basis of which a new quotation will be issued if necessary.
The Offer may be amended within 3 (three) days of its submission.

2.4. On-site survey
If the interested party indicates during the Preliminary Consultation that he/she also requests an Installation, the Offer is subject to an on-site survey.

The on-site survey shall be subject to a fee, which the interested party shall pay to the Contractor prior to the on- site survey on the basis of the invoice issued for this purpose. The Contractor shall inform the interested party of the fee for the on-site survey in the Quotation.

If an order is placed, the amount of the deposit will be reduced by the fee for the on-site survey.

The Interested Party shall provide the Contractor with the invoicing data required for the issue of the advance invoice by e-mail upon the Contractor’s request. Errors due to incorrect invoicing data may be reported and corrected by e- mail until the invoice is paid.

The on-site survey will be carried out at a pre-arranged time.

During the site survey, the Contractor will take accurate measurements at the installation site and assess the specific needs of the installation environment, such as orientation and any necessary additions (e.g. side screening, glass walls).

Based on the results of the survey, the Contractor will send a final Price Offer within 24 hours, but no later than 48 hours.

2.5. Conclusion of an agreement
If you accept the Offer, you must clearly indicate this to the Contractor by e-mail. By accepting the Offer, the Customer also accepts and acknowledges that it is bound by the provisions of the GTC.

The GTC and the Offer are valid together.

The Contractor shall issue an advance invoice upon acceptance of the Offer. The fee on the advance invoice shall be deemed to be an advance payment.

2.6. Custom Production
After payment of the advance invoice, the Contractor shall arrange for the pergola to be ordered according to the individual dimensions and specifications specified in the order. The Contractor shall inform the Customer of the agreed deadlines in the Quotation.

2.7. Notification and scheduling of delivery and installation
After the completion of the custom-made pergola, the Contractor shall invoice the remaining amount of the total fee using the Customer’s previously provided billing details. The Contractor will contact the Customer to arrange an appointment for installation or delivery, depending on the content of the order.

In all cases, delivery or installation will take place after the invoice has been paid.

The Products will be shipped or installed within 2 weeks after the individual Products are received in Hungary.

2.8. Delivery, Installation
The delivery and installation will be carried out at the agreed location, the cost of which is included in the price specified in the Price Quotation.

3. Rights and obligations of the Customer

3.1. In addition to the provisions of the Offer, the Customer shall provide the Contractor with all information and documents necessary for the proper performance of the Contractor’s obligations under this Contract. If the Customer fails to provide the Contractor with the information or documents necessary for the performance of its obligations or is late in doing so, this shall preclude the Contractor’s delay and the consequences thereof.

3.2. The Customer is obliged to pay the advance in order to start the performance. Failing this, the Contractor shall not be obliged to commence performance, but the Contractor shall be entitled to early performance.

3.3. In the case of ordering installation services, both during the preliminary site survey and during installation, the Customer or its agent shall allow the Contractor’s employees and subcontractors to enter at the agreed time and shall provide the Contractor with a work area in a condition suitable for the performance of the activity. The Customer or its authorised representative shall be present on site during the installation of the pergola and shall take such measures as the Contractor may reasonably require in order to carry out the installation.

3.4. The Customer shall be available at the agreed time for the Contractor to carry out the Services (including any warranty/warranty work) or shall ensure, through a third party appointed by the Customer, that the Contractor enters the property and carries out the tasks necessary for the performance of the Contract. The Customer shall deliver the place of work in a condition suitable for work.

3.5. The Customer shall inform the Contractor of any circumstances that may affect the execution of the works or the choice of materials to be procured. The Customer shall also inform the Contractor without delay of any problems or obstacles that may arise in connection with the performance of the work. Any delay resulting from the failure to provide adequate information shall not be counted towards the time limit for performance of the Contract.

3.6. The Customer shall take delivery of the pergola installed in accordance with the Contract and pay the Contractor’s fee and any additional work, or any other amount due to the Contractor for any reason, in due time, provided that there is no defect in quantity or quality.

3.7. The Customer shall be entitled to receive the necessary training and to ask the Contractor any questions concerning the use of the Pergola.

3.8. The Customer is obliged to maintain the Pergola in accordance with the regulations. The Contractor shall not be liable for any deterioration or damage caused by improper maintenance.

3.9. The Customer agrees that the Contractor may use the delivered Pergola and the photographs and videos taken of it in its marketing materials, communicate them to the public and use the completed service as a reference without prejudice to the Customer’s personal data.

4. Rights and obligations of the Contractor

4.1. In case of using the Installation Service, the Contractor shall perform the following necessary Services in accordance with the Offer made by the Client in accordance with the data provided by the Client in the Preliminary Consultation, the site conditions and the Contract:

• to obtain the elements and components to be installed and incorporated,
• carry out the construction and commissioning,
• ensure the handover and the necessary training.

4.2. The Contractor shall be entitled to use intermediaries (subcontractors) for the performance of the Contract. The Contractor shall provide the intermediaries (subcontractors) it uses with the conditions necessary for them to certify to the Client that they are acting on behalf of the Contractor.

4.3. The Contractor shall perform the work in the interests of the Client, in accordance with the applicable legislation.

4.4. In the case of product orders and delivery services only, the Contractor shall arrange delivery at a time agreed in advance with the Customer.

4.5. In case of using the installation service, the Contractor shall be obliged to appear at the place of work at a time agreed in advance with the Client and to start and complete the on-site work within the time limit set in the Contract.

4.6. The Contractor shall provide the Customer with the documents necessary for the exercise of the warranty.

4.7. After taking over the work area from the Customer, the Contractor shall comply with the applicable occupational safety and accident prevention, fire and environmental protection regulations.

4.8. If, during the performance of the Contract, a circumstance arises which prevents the Contractor from performing the Contract on time, the Contractor shall immediately notify the Client of the fact, the reasons and the effects of the delay.

4.9. If the Contractor does not have any data or information necessary for performance, the Contractor shall draw the Customer’s attention to this and request the Customer to provide the necessary data or information, setting a reasonable deadline. The period during which the data or information are made available by the Customer shall not be counted towards the time limit for performance.

4.10. If the Contractor notices that the data provided by the Customer are incorrect or erroneous, the Contractor shall immediately initiate a consultation with the Customer in order to clarify the correctness of the data. The time taken to verify the accuracy of the data with the Customer shall not be counted towards the time limit for performance.

4.11. The Contractor is also obliged to carry out work ordered subsequently, in particular work that becomes necessary due to a change in the design (Substitute Work), if its performance does not disproportionately increase the burden of his task and its costs are paid by the Client. The parties shall agree in writing in advance on the additional work. The Parties shall accept agreement by e-mail as written.

4.12. If the Contractor discovers that the data and information provided by the Customer are incorrect or inaccurate to such an extent that they do not allow the Contract to be performed in accordance with the Contract, the Contractor may initiate the immediate termination of the Contract. The parties shall settle with each other their costs incurred up to the termination of the contract.

5. The contractor fee , payment terms

5.1. For the services provided by the Contractor, the Customer shall pay to the Contractor the Contractor’s fee as set out in the Offer.

5.2. The Customer shall pay the current instalment of the Contractor’s fee by the due date indicated on the Contractor’s account by transfer to the Contractor’s bank account number 10700440 – 74837274 – 51100005 held at CIB Bank Zrt.

5.3. The Customer expressly accepts and agrees that the Products delivered and/or installed by the Contractor in accordance with the Contract, but not paid 15 days after the due date of the invoice due for payment, shall be taken back and delivered by the Contractor. The Customer declares that it will not prevent the Contractor from doing so.

5.4. The Customer acknowledges that the costs of dismantling and removal of unpaid products shall be borne by the Customer.

5.5. The Contractor’s fees payable under the Contract shall be paid by the Customer to the Contractor as follows:

• the Contractor shall make an advance payment equal to 50% of the fee payable, until the due date of the advance payment invoice issued by the Contractor,
• The Contractor shall issue the final invoice within 1 working day after receipt of the advance payment to the Contractor’s bank account specified in clause 5.2, and the Customer shall pay the final invoice by the due date indicated thereon.

5.6. The Contractor shall send the invoices by e-mail and/or post or hand them over personally to the Customer at the contact details and address provided by the Customer and set out in the Contract. The Customer shall notify the Contractor in writing of any change in any of the Customer’s details without undue delay, but no later than 3 days after the change. All consequences of failure to notify the Customer shall be borne by the Customer. The Contractor informs the Customer that the invoice issued by the Contractor is an electronic invoice.

5.7. When transferring the money, the Customer shall indicate the serial number of the invoice issued by the Contractor in the bank transfer communication box.

5.8. Any payment of fees due by the Customer shall be deemed to have been made on the date on which the amount is credited to the Contractor’s account.

5.9. The Customer acknowledges and accepts that VAT shall be charged in accordance with the provisions of the VAT Act in force on the date of invoicing of the relevant part of the fee, which may entail a change in the Contractor’s fee.

5.10. The Contractor’s fee shall include the additional work and all costs necessary to complete the work, except as provided in the Tender. In all cases, the Client shall order the additional work in writing from the Contractor. The order shall be deemed to have been accepted when confirmed in writing by the Contractor. The Customer shall
pay the Contractor the price for the additional work once it has been carried out.

5.11. If the Customer is in default with the payment of the fee or a part of the fee, the Contractor is entitled to apply the legal consequences of default as defined in the Civil Code (in particular the right of retention, default interest). The parties agree that the Contractor shall not be obliged to continue performance and shall be entitled to interrupt performance if the Client is in default with the payment of any invoice. In such a case, the time limit for performance shall be automatically extended by a period equal to the period of the Customer’s delay.

6. Withdrawal

6.1. The Customer acknowledges that in the case of orders and deliveries, the Quotation will be prepared and the Quotation will be based solely on the data provided by the Customer. Accordingly, the Contractor reserves the right to unilaterally change the terms and conditions set out in the Quotation and the Contract and either the price to be paid or the time for performance, of which the Customer shall be informed. If the changed conditions are not acceptable to the Client, the Client shall be entitled to withdraw from the Contract without giving any reason, with the right to a refund of 80% of the advance payment already made, given that the Contractor has already paid 20% of the advance payment up to that date.

6.2. The Parties stipulate that if the Customer withdraws from the Contract after the payment of the deposit but before the Installation, the Contractor shall be entitled to keep the amount of the deposit, given that the amount of the deposit shall be equal to the proportionate value of the work performed by the Customer up to that time. The Parties stipulate that if the Customer withdraws from the Contract after the commencement of the Installation, the Customer shall pay the Contractor an additional amount equal to 10% of the Contractor’s fee in proportion to the advance payment within 2 days.

6.3. If the Customer fails to pay the Contractor’s fee in whole or in part within a grace period of 5 days after the due date, the Contractor shall be entitled to terminate the Contract for the Customer’s serious breach of contract. In the event of installation, the Customer shall provide the Contractor with access at a pre-arranged time to enable the Contractor, as owner of the Pergola, to dismantle it at the Contractor’s expense. In the event of dismantling, the Customer shall pay to the Contractor within 2 days the costs of dismantling and removal and a penalty equal to 10 % of the Contractor’s fee in addition to the Contractor’s fee in arrears. The cost of having the restoration of the Property carried out and the costs thereof shall be borne by the Customer, and the Contractor shall not be obliged to restore the Property to its original condition at its own expense or at the expense of the Customer.

6.4. If the Contractor terminates the Contract due to a serious breach of contract by the Customer and the performance is thereby prevented for reasons attributable to the Customer, the Contractor shall be entitled, depending on the state of performance, to dismantle and remove the Equipment in accordance with clause 6.4, until which time the Customer shall bear the risk of damage.

6.5. In the event of the Customer’s withdrawal from the Contract for reasons beyond the Contractor’s control, the Contractor shall be entitled to compensation for the damage caused by the termination of the Contract, provided that the amount of compensation shall not exceed the Contractor’s fee.

6.6. The customer is not entitled to the 14-day right of withdrawal provided for in Article 20 of the Consumer Protection Act, since his order concerns goods which are not prefabricated, which have been produced on his instructions or at his express request and which are clearly tailored to his person.

7. Hand-over procedure

7.1. The Customer shall take delivery of the Works in person or by a person specified in the Contract immediately after the Contractor’s report of completion or, if the circumstances of the case so warrant, within a maximum of two (2) days.

7.2. The Parties shall draw up a record of the acceptance of the delivery, recording any defects in quantity and/or quality and the absence of defects. The Customer may not refuse acceptance, either in the case of partial or final performance, on the grounds of minor defects or deficiencies which, if corrected or replaced, do not prevent the goods from being used as intended. The Customer shall be entitled to refuse acceptance only on the grounds of defects or deficiencies which prevent the proper use of the Works or which do not meet the quality standards undertaken by the Contractor. Any defect or deficiency in performance which the Contractor undertakes to remedy within a reasonable period of time shall be recorded in writing by the Parties, specifying the time limit.

8. Warranties, declarations

8.1. The Contractor declares that it has the necessary expertise to provide the Service and that it will provide the Service to the Customer with due care.

8.2. The Contractor declares and warrants that no third party has any rights which prevent or restrict the Customer’s use of the services which form part of the performance of the Contract.

8.3. The Contractor represents and warrants that no third party shall have any right to disclose to any unauthorised third party any business information and personal data obtained by it in the course of the performance of this Contract.

8.4. If the Parties cannot agree on the extension period, the Contractor shall be entitled to perform the Contract within the 45-day extension period, and the legal consequences of delay shall not apply during the extension period. If the Contractor is unable to perform within the grace period, a new grace period may be set by mutual agreement of the Parties.

8.5. If the delay in the performance of the Contract is due to causes beyond the Contractor’s control, the legal consequences of the delay shall not apply to the Contractor and the Contractor’s time limit for performance shall be automatically extended for the duration of such impediment.

8.6. The Contractor shall be liable for any damage caused to the Customer by its defective performance and shall indemnify the Customer against any claims arising from the Contractor’s defective performance. The Parties shall limit the liability of the Contractor for damages arising from any defective performance to 20% of the amount of the Contractor’s remuneration, excluding liability for damage caused intentionally or to human life, limb or health.

8.7. The Contractor shall not be liable for failure to meet a fixed deadline for performance and shall not be subject to the legal consequences of delay if the delay:

• the activity or lack of activity of producers, suppliers,
• the cases set out in these GTC,
• the Customer’s conduct or,
• Caused by the events of Vis Maior.

9. Warranty, Accessories warranty, product warranty

9.1. Good standing

9.1.1. Provision of a mandatory legal guarantee
Duration of the guarantee:
a) 2 years for a sale price of HUF 10 000 or more but not exceeding HUF 250 000,
b) 3 years above the sales price of HUF 250 000.

During the warranty period, the Customer may, in particular, request repairs. Replacement is possible after the first repair attempt, if it is established that the consumer goods cannot be repaired and you do not request another repair. You may also request a replacement if the repair has not been carried out within 30 days of the date of the request for repair. A replacement claim is also justified if the consumer product fails again after being repaired three times during the guarantee period, provided that you do not request another claim. If replacement is not possible in these cases, you may also claim a refund of the purchase price.

In addition to the statutory warranty, the Contractor may voluntarily provide additional warranties. The Customer may exercise his rights arising therefrom by means of the warranty voucher provided to him; the validity of the warranty shall not be affected by the improper issue of the warranty voucher or by the failure to provide it. In the event of failure to
provide the warranty voucher, the conclusion of the contract shall be deemed to be proved if the Customer provides proof of payment of the consideration. The return of the opened packaging of the consumer goods shall not be a condition for the performance of the guarantee.

9.1.2. Terms of the installation warranty
The Contractor shall provide a full 3-year warranty for the construction and installation. The warranty for the installation shall cover any abnormal operation during the warranty period, in which case the Contractor shall, with the assistance of the Customer, first attempt to rectify the fault by telephone/e-mail. If this is unsuccessful, the Contractor shall go to the place of implementation and carry out the repair free of charge.

Conditions for repair:
In case of product problems:

• if the Pergola is still under warranty, notify the distributor/manufacturer and order a repair/replacement,
• if the warranty period has expired, to provide the Customer with a quotation for the replacement of the defective pergola.

The Contractor is not a manufacturer for each product, the manufacturer’s warranty is valid for each manufacturer. See manufacturer’s warranty.

In the event of installation or assembly errors:
− the immediate and free of charge repair of the defect within 3 years, the free of charge repair and compensation of other defects and damages caused by this defect.

If it is proven at the time of removal under warranty that the malfunction was not caused by a defect in the Pergola or the installation or by an external impact that damaged the Pergola, the Contractor shall be entitled to charge a removal fee, labour and the cost of the materials used for the repair, which the Contractor shall declare in a separate quotation.

The warranty does not cover cases of lightning, elementary damage, fire, disaster, war, earthquake (other force majeure), intentional damage and other cases over which neither the Customer nor the Contractor has control.

Warranty periods within the warranty period:

• The Contractor shall start the repair within 10 working days.

If a subcontractor or the manufacturers must be involved to rectify the defect, the above deadlines are extended if the manufacturer/subcontractor complies.

In the event of a problem or fault beyond the warranty period:
The Contractor, with the assistance of the Customer, shall first attempt to correct the defect by telephone free of charge. If this is unsuccessful, the Contractor shall submit a quotation for the repair.

How to report a fault:
The Customer may notify the Contractor of a detected defect in the following ways:

• By electronic mail to detty@tero.hu. When reporting the problem, please provide the following information: name, (installation) address, telephone number, description of the problem.

The Contractor warrants for the duration of this clause, subject to the conditions set out herein. The Contractor shall be released from its warranty obligation if it proves that the cause of the defect arose after performance. The Contractor shall bear all costs incurred in enforcing the warranty during the warranty period. If the failure of the object was caused by the Customer’s failure to comply with the maintenance obligation, the Customer shall bear the costs incurred in complying with the warranty obligation in proportion to his contribution, if he had knowledge of the maintenance of the object or if the Contractor has complied with his obligation to inform him in this respect.

The Contractor shall endeavour to carry out the repair or replacement as soon as possible, but no later than 90 days from the date of the notification of the claim, on the basis of the warranty claim asserted by the Customer.

The Contractor shall be released from its warranty obligation if it proves that the cause of the defect arose after performance.

The Customer may assert a warranty claim and a guarantee claim as well as a product warranty claim and a guarantee claim for the same defect at the same time and in parallel. However, once the Customer has successfully pursued a claim for defective performance for a particular defect (e.g. the company has replaced the product), he may no longer pursue a claim for the same defect on another legal basis.

9.1.3. Manufacturer’s warranty
The Contractor is not a manufacturer of the individual products, and the Contractor acts as a distributor or may claim the manufacturer’s warranty from the individual manufacturers.
The aluminium structures are guaranteed for 20 years.
The manufacturer offers a 5-year warranty on the motor parts.
The fabric bunk beds are guaranteed for 3 years.
The manufacturer’s warranty is valid only for normal use.

9.2. Accessories warranty
In the event of defective performance by the Contractor, the Customer may assert a claim for ancillary liability in accordance with the provisions of the Civil Code.

Based on the Customer’s warranty claim, at the Customer’s option
a) require repair or replacement, unless performance of the chosen remedy is impossible or would result in disproportionate additional costs for the Contractor compared to the performance of another remedy, taking into account the value of the service in its original state, the seriousness of the breach of contract and the damage to the rightful claimant’s interest caused by the performance of the remedy; or
b) may request a proportionate reduction in the price, may have the defect repaired or replaced at the Contractor’s expense, or may withdraw from the contract if the Contractor has not undertaken to repair or replace the defect, if he is unable to carry out the repair or replacement within a reasonable time, having regard to the nature of the thing and its intended use for which the Customer may reasonably be expected, without prejudice to the interests of the Customer, or if the Customer’s interest in the repair or replacement has ceased.

No withdrawal due to a minor defect.

The Customer shall be entitled to switch from its chosen right of warranty of convenience to another right of warranty of convenience, provided that it shall reimburse the Contractor for the costs of the switch. The Customer shall be exempted from the reimbursement of the costs of the conversion if the conversion was justified or if the Contractor gave reason for it.

Communication of the error, limitation period:
The Customer shall, without delay after the discovery of the defect, communicate the defect to the Obligor; a defect communicated within two months of the discovery of the defect shall be deemed to have been communicated without delay. The Customer shall be liable for any damage resulting from the delay in notification.

The Customer may no longer enforce its rights to claim for defects after the expiry of the two-year limitation period from the date of performance of the Contract.

If the Customer proves that the product or service was provided to him by the Contractor, there are no other conditions for the enforcement of the claim for defects within 1 year of performance, apart from the notification of the defect. After the expiry of 1 year from the date of performance, the Customer shall be obliged to prove that the defect which it has
discovered existed at the time of performance.

The limitation period does not include the part of the repair period during which the Customer cannot use the item as intended.

The limitation period for the part of the item that has been replaced or repaired starts to run again. This rule shall also apply where the repair results in a new defect.

The warranty claim shall be deemed to have been asserted within the time limit for any defect in the goods supplied which
caused the defect indicated. If the Customer asserts a warranty claim in respect of a part of the object which can be
separated in respect of the defect indicated, the warranty claim shall not be deemed to have been asserted in respect of
the other parts of the object.

9.3. Product Warranty
In the event of a defect in the Products, the Customer shall be entitled to assert a product warranty claim against the manufacturer (producer) or distributor of the Products. Only the repair or replacement of the defective Product may be claimed as a product warranty claim. A product is defective if it does not meet the quality requirements in force at the
time of its placing on the market or if it does not have the characteristics described by the manufacturer.

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

• manufactured or marketed the product for purposes other than its business, or
• the defect was not detectable according to the state of science and technology at the time it was placed on the
  market, or
• the defect in the product results from the application of a legal or regulatory requirement.

To qualify for exemption, the manufacturer (distributor) only needs to prove one of the grounds listed above.

The manufacturer is liable for the product warranty for two years from the date on which the product was placed on the market by him. This period is statute-barred. The parties expressly stipulate that the product warranty claim may only be made against the manufacturer or distributor of the Equipment. The Customer shall be responsible for proving the defectiveness of the product in the event of a product warranty claim. The Customer may, in the event of a successful product warranty claim, assert its warranty claim for the replaced product or repaired part against the manufacturer.

In the event of a transfer of ownership of the product, the new owner can enforce the product warranty against the manufacturer.

The same defect may not give rise to a warranty claim, a warranty claim and a product warranty claim at the same time. The customer’s rights under the warranty shall be independent of the warranty for accessories and the product warranty.

The Contractor shall inform the Customer that the Contractor shall keep a record of any warranty or guarantee claims notified by the Customer, as specified in a separate legal act.

The Contractor shall transfer to the Customer the rights necessary for the Customer to enforce the product warranty claim at the same time as the transfer of ownership of the Equipment. The Contractor shall provide the Customer with the documents necessary for the enforcement of the product warranty rights at the time of handover.

Warranty and guarantee obligations shall commence after delivery of the Products and, in the case of installation, after the successful completion of the technical acceptance procedure.

10. Vis Maior

It shall not constitute a breach of contract and the Parties shall be exempted from the consequences of a breach of contract if, for reasons beyond the control of one of the Parties (force majeure), either Party is unable to fulfil its obligations under the Contract.

Force majeure shall be deemed to be those unforeseeable circumstances beyond human control (e.g. war, national strike, earthquake, flood, fire, terrorist act, pandemic, etc.) which are beyond the control of the Parties and directly prevent the Party concerned from fulfilling its contractual obligations.

Unless otherwise agreed in writing by the Parties, the contractual deadlines shall be extended in proportion to the duration of the force majeure.
For the purposes of this Agreement, in addition to the non-exclusive list above, force majeure shall be deemed to include any event beyond the reasonable control of the Parties which the Parties are unable to prevent or overcome despite all reasonable care.

In the event of force majeure, the party which is unable to fulfil its obligations shall notify the other party of this fact without delay and with verifiable evidence. Failure to do so may not be invoked subsequently. After the force majeure event has ceased to exist, the Contract shall be performed on unchanged terms.

11. Termination of the Contract , termination, withdrawal

11.1. The Contract shall terminate:
a) the performance of the Contract (successful delivery or installation),
b) by the Customer’s withdrawal or termination of the Contract before performance has begun,
c) at any time by mutual agreement of the parties,
d) with immediate effect.

11.2. Either party shall be entitled to terminate the Contract with immediate effect if the other party seriously or
repeatedly breaches the Contract or any of its annexes, if the party in breach of the Contract fails to cease the breach or fails to fulfil its contractual obligations after giving notice of the consequences of the breach and after giving at least 8 days’ notice in writing.

11.3. The Customer may withdraw from this contract at any time before the start of the performance of the contract, and may terminate this contract at any time thereafter until performance. In the event of withdrawal or termination by the Customer, the Customer shall pay the Contractor a pro rata share of the fee and compensate the Contractor for any damage caused by the termination of this Contract, provided that the compensation shall not exceed the Contractor’s fee.

11.4. In the event of termination of the Contract pursuant to Clauses 12.1.b) to 12.1.c), the Contractor shall be entitled to pro rata remuneration at least up to the date of termination, and in the event of Clause 12.1.d), to pro rata remuneration up to the date of termination and to compensation for any additional loss incurred.

11.5. In the event of termination of the Contract pursuant to Clauses 12.1. b) and d), the Parties shall settle their accounts within 3 days of the withdrawal/cancellation.

11.6. The Customer has the right of withdrawal as provided by law and these GTC.

12. Data management

12.1. The Contractor, as the data controller, declares that in connection with the Contract it shall comply with the provisions of the data protection legislation in force at the time, in particular the Data Protection Act and the General Data Protection Regulation 2016/679/EU (GDPR), and shall handle the Customer’s data in accordance with the legislation, shall ensure their protection and shall take the necessary technical and organisational measures.

12.2. The personal data concerned by the processing are primarily the personal data provided by the Customer in the Contract and any additional personal data that may be provided during the performance of the Contract. The Principal shall process the personal data primarily for the performance of the Contract and the legal obligation, on the basis of the legal basis indicated in the Data Processing Notice and for the period of time required by law.

12.3. The Contractor shall only transfer personal data processed by it to third parties on the basis of the law or the consent of the data subject, and shall not transfer them to third countries. The Customer can find detailed information on the Contractor’s data processing on the Contractor’s website (tero.hu)

13. Confidentiality

13.1. The Parties declare that any information, data, facts, information, solutions, such as the content of the Contract, etc., which they become aware of in any way in connection with the conclusion and performance of the Contract in relation to the other Party and its activities, shall be considered trade secrets. The Parties shall not disclose or make available any trade secret to any third party or use it for any purpose other than the performance of the Contract. The obligation of confidentiality may be waived only by the other Party in writing. The obligation of confidentiality shall remain in force without time limitation even after the termination of the Contract.

13.2. The confidentiality obligation does not extend to that information:
a) which are publicly available or which become publicly available in the future through no fault of the Party receiving the information; or
b) which can be shown to have been known to the Party receiving the information before the entry into force of the contract, or
c) which has come to the knowledge of the receiving party through a third party who is not bound by a confidentiality agreement with the contracting party to whom the information relates, or
d) the disclosure or release of which is required by law, stock exchange rules or official regulations, to the extent and for the purposes for which the Party entitled to do so has waived the obligation of confidentiality.

14. Complaints handling, enforcement

a. To register a complaint

The Customer may communicate its complaint to the Company orally or in writing.

The verbal complaint should be investigated immediately and remedied as necessary. If the consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the undertaking must immediately take a record of the complaint and its position on it and provide a copy of the record

(a) in the case of a verbal complaint made in person, to deliver it to the consumer on the spot,

(b) in the case of an oral complaint made by telephone or other electronic communications service, to be sent to the consumer at the latest at the same time as the substantive reply,

otherwise, it shall act as provided for in the written complaint.

Oral complaints made by telephone or by electronic communication services must be given a unique identification number by the undertaking.

The undertaking must reply to the written complaint in writing within thirty days of its receipt in a manner that can be justified on the merits and take steps to communicate it. A shorter time limit may be set by law, or a longer time limit by statute. The undertaking must state the reasons for its rejection of the complaint.

An undertaking may refrain from investigating a complaint with the same content as a previous complaint that has been answered in substance, a repeated complaint from the same consumer that does not contain new information, or a consumer complaint from an unidentified person.

If the complaint handling procedure is unsuccessful, the Customer has the following means of redress.

b. Consumer protection procedure

You can complain to the consumer authorities. If a consumer perceives a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority in his/her place of residence. Once the complaint has been examined, the authority will decide whether to take consumer protection proceedings. The first level consumer protection authorities are the government offices of the capital and county of the consumer’s place of residence, a list of
which can be found at: http://www.kormanyhivatalok.hu/

c. Court proceedings

The Customer shall be entitled to enforce its claims arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

d. Conciliation Body procedure

If the Company rejects the complaint of a User who is a consumer, the User shall be entitled to apply to the competent Conciliation Body of the place of residence or stay or to the Conciliation Body designated by the User in the application. In order to initiate the procedure of the Conciliation Body, the consumer must attempt to settle the dispute directly with the undertaking concerned.

Unless the consumer requests a personal hearing, the conciliation panel shall hold the hearing online, without the presence of the consumer, by means of an electronic device that allows simultaneous transmission of sound and images (hereinafter referred to as “online hearing”).

The Company has a duty to cooperate in the conciliation procedure, which means that the Company must send its reply to the conciliation body within the time limit set by the conciliation body.

With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the undertaking must ensure the participation of a person authorised to negotiate a settlement in the hearing. The representative of the undertaking authorised to conclude a settlement must attend the online hearing online. If the consumer requests a personal interview, the representative of the undertaking authorised to negotiate a settlement must attend the interview at least online.

The Arbitration Board will issue a binding decision if the Business has not made a declaration of submission, but the application is well-founded and the consumer’s claim – neither in the application nor at the time of the binding decision – does not exceed HUF 200,000!

This means that if the Business does not implement the decision of the Conciliation Body binding it within the time limit for performance, the consumer can ask the court to attach an enforcement clause to the decision of the Conciliation Body.

In the case of an order to pay, the costs of the procedure are entirely borne by the Company, whereas if the consumer’s request is rejected, the parties bear their own costs, i.e. the consumer does not have to reimburse the Company’s costs under any circumstances.

More information on the Conciliation Boards is available here: https://www.bekeltetes.hu

According to the Consumer Protection Act, a consumer in the context of the Conciliation Board procedure is a civil organisation, a religious legal person, a condominium, a housing association acting for purposes outside its independent profession and scope of economic activity, which buys, orders, receives, uses, makes use of or is the recipient of commercial communication or offer of goods.

The Conciliation Board is entitled to verify and investigate the existence of consumer quality. The rules of the procedure are governed by the rules written under the Conciliation Board.

The jurisdiction of conciliation bodies:

The contact details of each conciliation body can be found at the following link: https://bekeltetes.hu

e. Dispute settlement via the European Union’s online dispute resolution platform
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

In the event of a consumer dispute related to an online sales contract, consumers can settle their disputes related to online purchases, including cross-border disputes, electronically by submitting an electronic complaint through the online platform available via the link above.

To do this, the consumer simply registers on the online platform available at the link above, fills in a request in full and submits it electronically to the conciliation body via the platform. This makes it easy for consumers to enforce their rights, despite the distances involved.

Government agencies have been designated as the general consumer protection authorities. Contact details of the government offices: https://www.kormanyhivatal.hu/hu/elerhetosegek

15. Final provisions

15.1. The Parties expressly agree that they shall be entitled and obliged to make all notifications, information, communications and other legal declarations arising from the Contract to the address specified in the Contract, and shall notify each other in writing of any change in such information within 2 days of the change occurring. The defaulting party shall be liable for any legal consequences arising from the default.

15.2. Written statements shall be deemed to have been communicated if they can be proved to have been delivered or served to the other party in person or to a person designated by his legal representative or contact person. Declarations sent by registered letter with acknowledgement of receipt sent by recorded delivery to the addressee’s address or registered office, even if returned from the addressee’s address or registered office marked “addressee unknown”, “addressee moved”, “address unknown” or “not sought”, shall be deemed to be effective and valid and to have been served and to have been notified on the 8th (eighth) day after the date of posting (presumption of delivery).

15.3. Where the Contract allows for e-mail notification, the parties shall be deemed to have mutually duly communicated the notification sent by electronic mail on the date of sending.

15.4. The illegality, invalidity or unenforceability of any provision of the Contract shall not affect the legality, validity or enforceability of the other provisions of the Contract.

15.5. The Treaty contains the entire agreement of the parties. The Contract or any of its provisions may be amended, modified or terminated only by the express written agreement of the parties on paper.

15.6. In matters not regulated by the Contract, the provisions of Hungarian law, in particular the provisions of the Civil Code and the Civil Code shall prevail, with the proviso that unless the Contract contains a different provision on interpretation, the terms used in the Contract shall be interpreted in accordance with the provisions of the Civil Code and the Civil Code. In the event of a discrepancy between the provisions of the Civil Code or the Civil Code and the provisions of the Contract, and if the law permits such a discrepancy, the legal relationship of the Parties shall be governed by the provisions of the Contract.

15.7. The General Terms and Conditions will be sent directly to the Customer by e-mail during the preliminary consultation and together with the Quotation, and will be permanently available and downloadable from the Contractor’s website: tero.hu

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By accepting the Offer by e-mail, and thus by placing an order, declares that the Contractor has made these GTC available and accessible to it prior to the conclusion of the Contract. It further declares that it has understood and acknowledged the terms and conditions contained herein.