nakednoble.com — Effective from: 2026-02-02
I. General provisions
1. These General Terms and Conditions (hereinafter: GTC) set out the rights and obligations of Sweets Factory Kft. (hereinafter: the Service Provider) and the person using the service provided by the Service Provider on the online interface nakednoble.com (hereinafter: the Webshop) (hereinafter: the Customer).
2. Details of the Service Provider:
- Company name: Sweets Factory Kft.
- Registered seat: 1044 Budapest, Ipari park utca 4.
- Business premises address: 1044 Budapest, Ipari park u. 4.
- Complaint handling email: info@sweets-factory.com
- Tax number: 32299962-2-41
- EU VAT number: HU32299962
- Company registration number: 01 09 416887
- Registering court of companies: Company Court of the Budapest Metropolitan Court (Fővárosi Törvényszék Cégbírósága)
- Contact person: Zsuzsanna Mészáros-Visnyei
- Regularly used email address for contact: info@sweets-factory.com
- Telephone: +36-70-675-6351
- Shipping partner(s): Express One Courier Service, Magyar Posta
3. Hosting provider details:
a. Name: Sonrisa Informatikai Kft.
b. Registered seat: Hungary, 1022 Budapest, Bég utca 3-5. 1st floor 108.
c. Website: sonrisa.hu
4. The scope of these GTC covers electronic commerce services provided within the territory of Hungary via the Webshop.
5. Language of the contract: Hungarian
6. The contracts are considered written contracts; the Service Provider does not file/register them.
7. The Service Provider does not submit to any code of conduct.
II. Use of the Webshop
1. Registration
A. Use of the service in the Webshop is not subject to registration.
2. General information related to purchases
A. The essential properties and characteristics of the products available in the Webshop, as well as instructions for use, can be learned from the product information page.
B. Detailed product characteristics are contained in the product instructions for use, which are attached to the product where required by law.
C. The Webshop displays the gross price in HUF. The purchase price is the amount shown next to the product and includes value added tax (5%, 18% or 27%).
D. During the ordering process, the Service Provider clearly indicates the total amount payable— including the product price, shipping costs and any other ancillary costs—before the order is finalized. If any cost cannot be calculated precisely in advance, the Service Provider clearly indicates this fact and the method of calculating such cost.
E. The Service Provider does not use default options (pre-ticked boxes) that would result in additional costs for the Customer. Any service or product that is not necessary for performing the main contract and is available for an extra fee is added to the cart only based on the Customer’s explicit and informed choice. If the Customer pays a fee for an additional service that was not explicitly selected, the Customer is entitled to a full refund of that amount.
F. If the Service Provider displays an incorrect price for any product in the Webshop—an incorrect price includes, in particular, a price significantly different from the generally known or estimated price of the product, a clearly system-error price of HUF 0 or HUF 1, or a price containing an obvious calculation error—then the Service Provider is not obliged to sell the product at the incorrect price. If the Customer finalized an order for a product shown at an incorrect price, the Service Provider is not obliged to accept it; however, it may offer the product to the Customer at the correct price, and the Customer may freely decide whether to accept it.
G. The Service Provider issues electronic invoices.
3. Purchase process
A. Adding products to the Cart: The product you wish to purchase must be placed in the Cart. By clicking the Cart icon, the Cart contents can be viewed. The Webshop informs the Customer about the Cart contents, which the Customer may freely change until submitting the order.
B. Entering Customer details: If the Customer wishes to purchase the contents of the Cart, the following data must be provided in the next step:
a. Selecting the delivery method: home delivery
b. Providing the shipping address (the following data may be provided):
i. the Customer may indicate whether purchasing as a private individual or as a business customer (in the case of a business order, providing the company name, tax number, registration number and bank account number is also required)
ii. shipping details: country, postal code, city, address, name, phone number, contact email address; in the “Comment” field the Customer may also provide additional data
c. Selecting the payment method: the Customer may choose from the available payment options: bank transfer in advance, cash on delivery, online bank card payment.
C. Finalizing the order: the Customer can finalize the order by clicking the “Order” button. Finalizing the order requires acceptance of the GTC and the Privacy Policy. Before activating the “Order” button and/or at the same time, the Service Provider clearly and visibly displays the product name, the total amount payable (product price + shipping + other costs), and the fact that payment is required. The “Order” button clearly indicates that pressing it creates a payment obligation.
4. Payment methods for the ordered product and shipping fee
Payment is made according to the option selected during the order (cash on delivery, online bank card payment via the Barion system, or bank transfer in advance). In the case of cash on delivery, payment is due upon receipt of the parcel.
The total amount payable includes all costs based on the order summary and the confirmation email. The invoice is issued by the Service Provider in electronic form.
Please inspect the parcel upon receipt—if possible, in the presence of the courier. If you notice damage to the packaging or the product, we recommend requesting a written record (report) and, if possible, not accepting the damaged parcel. This does not affect the Customer’s statutory warranty and other legal enforcement rights.
Barion – online card payment
This payment system complies with all security requirements; the company considers the protection of card data to be of key importance. Barion is the only domestic e-money issuer operating with an authorization from the Hungarian National Bank (MNB). By complying with all data security and legal requirements, it also holds the PCI DSS certification required by card companies.
The Customer may purchase without prior registration by providing bank card data; however, during each payment the Customer also has the option to register a Barion wallet, which makes it easier and more convenient to pay online.
Using Barion is free of charge, with no hidden costs; the Customer can use the payment gateway from a mobile device with any browser. Fees apply only to special extras and to bank transactions (card acceptance, bank transfers). Payment can be made with Electron, MasterCard, Visa, Maestro and American Express cards. This payment method can also be used by persons who are not owners of a bank card or bank account number. The Customer can pay multiple parties at once; however, personal and card data are never transferred to the merchant.
In the case of online card payment, the Webshop redirects the Customer to the Barion payment interface. Card payment takes place in the Barion system; bank card data do not reach the Service Provider. After successful payment, the system redirects the Customer back to the Webshop interface where the order details are displayed.
For more information, please visit Barion’s website: barion.com
Customer service is available at +36 1 464 7099 between 8:00 and 18:00, and on Wednesdays between 8:00 and 20:00, on business days.
Contact: support@barion.com
In the case of online card payment, the Webshop redirects to the payment interface; after successful payment, the order details are displayed.
Bank transfer in advance
Transfer instructions will be sent by email.
Bank details:
- Sweets Factory Kft.
- MBH Bank
- Bank account number: 10300002-13497036-00014901
Bank details are also visible when placing the order.
5. Acceptance of the order by the Service Provider takes place in a two-step process:
a. The Webshop’s IT system sends an automatic confirmation email about the order. Its sole purpose is to enable the Customer to verify the order details and to be informed that the order has been submitted to the Webshop.
b. The Webshop informs the Customer by email about acceptance of the order.
6. Customer options to correct data entry errors
The Customer may correct data entry errors until sending the order to the Service Provider. If it is not possible to modify incorrect data in the Webshop, or it is no longer possible due to finalization of the order, the Customer may notify the Service Provider via the email address or telephone number provided in the GTC.
7. Shipping terms and territorial limitation
The Service Provider delivers within Hungary.
If the Customer wishes to have the product delivered to a location different from point 1, the Customer must arrange shipping and must contact Customer Service to coordinate the shipping details; in this case, the Customer cannot use cash on delivery.
Home delivery, information, pricing
Magyar Posta
We also offer delivery by Magyar Posta. For home delivery: up to 40 kg, the shipping fee is HUF 5,990 gross / parcel.
The delivery deadline is 30 business days.
Courier delivery
Courier deliveries in our Webshop are fulfilled by Express One and Magyar Posta courier services. Parcel delivery takes place on business days between 8:00 and 17:00.
If you are not at home during this period, it is advisable (if possible) to provide a workplace address as the shipping address.
Express One Courier Service will notify you by email on the day of parcel pickup that the parcel has been collected and will be delivered on the next business day.
On the morning of the next business day after pickup, it sends another notification that the parcel has been taken over by an Express One courier. This notification also includes a 2-hour delivery time window.
You can continuously track your parcel status via the link provided in the notification sent by Express One.
The courier service attempts delivery on two consecutive business days or arranges an appointment with the recipient in advance. The shipping cost of uncollected parcels and any other costs incurred due to unsuccessful delivery will be charged to the person placing the order. The ordering party may request that the courier prepares a written record (report).
You can inquire about the expected delivery time via their customer service channels:
Express One Courier Service: expressone.hu/csomagkovetes
During working hours Mon–Fri 8:00–18:00 at +36 1 8 777 400
Email: ugyfelszolgalat@expressone.hu
Home delivery pricing with cash on delivery:
Up to HUF 20,000: HUF 1,490
For all domestic deliveries, orders above HUF 20,000 are free of charge!
III. Range of products and services available for purchase
For matters not regulated in these Terms, and for the interpretation of these Terms, Hungarian law shall govern, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services (“E-commerce Act”), and Government Decree 45/2014 (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses. The mandatory provisions of the applicable laws shall apply to the Parties even without any specific stipulation.
These Terms shall be effective from 2 February 2026 and shall remain in force until withdrawn. The Business is entitled to amend these Terms unilaterally. Amendments shall be published on the website 11 (eleven) days prior to their entry into force.
The Business reserves all rights related to the webshop website, any part thereof and the content displayed thereon, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content displayed on the webshop, or any part thereof, without the Business’s written consent.
The displayed products may be ordered exclusively online. Products may be ordered with home delivery.
Sweets Factory Kft. (hereinafter: the Business) is committed to distributing products that protect not only the human body but also the environment. It offers long-term solutions in the form of professional products, whether related to nutrition, beauty care, or keeping the home clean.
For products available in the webshop, the Business displays their names, detailed descriptions and photos. Images shown on product pages may be illustrations. The Service Provider strives to ensure that product descriptions and data are accurate; in the event of typographical errors or technical mistakes, the Service Provider reserves the right to make corrections.
IV. The offered products can be categorized as follows
Our webshop primarily sells reform products. Our products can be grouped into the following main categories:
- Organic foods
- Reform foods
- Organic cosmetics
- Organic and natural cleaning products
- Xylitol (birch sugar), erythritol, stevia
- Natural cosmetics
- Medicinal products
- Food supplements
- Minerals
- Vitamins
- Gift vouchers
- Books
- Other household items
The prices displayed for products include the VAT required by law (5%, 18%, 27%), but do not include the home delivery fee. Shipping costs are calculated after the parcel is assembled. No separate packaging fee is charged for the order.
For further details, please contact us at info@sweets-factory.com or call 06-70-675-6351.
V. Performance deadline
If the Customer qualifies as a consumer—i.e., a natural person acting outside the scope of their profession, independent occupation or business activity—the Service Provider shall make the ordered product available to the Customer within thirty (30) days.
If the Service Provider is unable to make the product available to the Customer within thirty days, it will contact the Customer at the email address provided at the time of ordering and request information as to whether the Customer accepts delivery at a later date.
1. Processing of orders
Orders are processed on business days between 8:00 and 16:00. The Webshop sends an automatic confirmation email upon receipt of the order. The contract is concluded upon the Service Provider’s separate acceptance confirmation.
The general performance deadline is 1–3 business days from the confirmation of the order (in the case of Magyar Posta, up to 30 business days), provided that the product is in stock.
In the event of a different performance deadline, the Service Provider will inform the Customer by email.
In all other cases, the Business will coordinate with the Customer by phone and/or email. The Company shall not be liable for any changes to technical descriptions made by the supplier or due to reasons beyond its control without prior notice.
If you do not receive a confirmation to the email address you provided after submitting the order, we recommend checking your SPAM (junk) folder. If you still have not received the confirmation, please contact us using the contact details provided by us.
VI. Contractual performance and conformity
The rules set out in this chapter apply where the Customer qualifies as a consumer, i.e., a natural person acting outside the scope of their profession, independent occupation or business activity.
1. General requirements of contractual performance
The Service Provider undertakes to ensure that the products and services purchased by the Customer comply with the contract. Contractual performance means that the product has all characteristics stipulated in the contract and complies with the requirements that may reasonably be expected of goods of the same type.
2. Basic conformity criteria
The product must comply with the description, quantity, quality and type specified in the contract. It must also have the functionality indicated in the contract or product information and must be fit for the purpose communicated by the Customer at the time of purchase and accepted by the Service Provider.
3. Meeting customary expectations
The product must also meet the usual expectations applicable to goods of the same type. This includes having reasonably expected quantitative, qualitative and performance characteristics, including functionality, compatibility, accessibility and security. This also includes public statements made by the Service Provider or its suppliers in advertisements, product descriptions or labels.
4. Accessories and documentation
The delivered product must include all accessories and instructions for use specified in the contract, including instructions necessary for commissioning/putting into operation. The product must arrive in appropriate packaging that ensures damage-free transport.
VII. Complaint handling and customer service in the event of consumer complaints
The rules set out in this chapter shall apply where the Customer qualifies as a consumer, i.e., a natural person acting outside the scope of their profession, independent occupation or business activity.
The name and registered seat of the Service Provider are set out in Part I of the GTC. The Customer may submit a complaint to the Service Provider either verbally or in writing.
Contact details for complaint handling by the Service Provider:
- Postal address: HU 1044 Budapest, Ipari Park utca 4.
- Email: info@sweets-factory.com
- Customer service by phone: +36706756351
- In person: HU 1044 Budapest, Ipari Park utca 4.
1. Handling of verbal complaints
Immediate investigation
The Service Provider shall investigate the Customer’s verbal complaint immediately and, where necessary, attempt to remedy it. If the Customer does not agree with the handling of the complaint or if immediate investigation is not possible, the Service Provider shall promptly draw up minutes of the complaint and its position regarding the complaint.
Recording minutes
The minutes recorded about the complaint shall include the Customer’s name and address or email address, the place, time and method of submitting the complaint, a detailed description of the complaint, and a list of documents presented by the Customer. In the case of a verbal complaint submitted in person, the Service Provider shall hand over a copy of the minutes to the Customer on the spot.
Handling complaints by telephone
A verbal complaint submitted by phone or via other electronic communications services shall be assigned a unique identification number by the Service Provider.
The Service Provider shall send a copy of the minutes recorded about the complaint to the Customer at the latest together with its substantive reply.
During telephone complaint handling, the Service Provider makes an audio recording, which it retains for five years.
Upon the Customer’s request, the Service Provider shall provide the audio recording to the Customer free of charge and shall ensure that the recording can be listened to at its customer service office, or shall send a copy electronically upon request. The Service Provider shall comply with the request to provide access to the audio recording within thirty days from becoming aware of the request.
2. Handling of written complaints
Deadline for response
The Service Provider shall respond to the Customer’s written complaint in writing, substantively, and in a verifiable manner within thirty days of receipt. If the Service Provider rejects the complaint, it shall provide reasons for its position.
If the Customer fails to provide their name and address or email address, omits a detailed description of the complaint, or does not provide the documents, records and other evidence necessary for assessing the complaint, the Service Provider is not obliged to respond to the complaint.
The Service Provider shall immediately acknowledge receipt of a complaint submitted via the electronic interface/form it provides, by sending a confirmation to the email address specified by the consumer.
Retention of documentation
The Service Provider shall retain the minutes recorded about the complaint, the written complaint, and a copy of its substantive response for three years, and shall present them to supervisory authorities upon request.
3. Legal remedies
If the Service Provider rejects the complaint, it shall inform the Customer in writing which authority or conciliation body the Customer may initiate proceedings with. The information shall include the registered seat, telephone and internet contact details, and mailing address of the competent authority and the conciliation body competent according to the Customer’s place of residence or stay.
In the event of rejection, the Customer may initiate proceedings before an authority or a conciliation body as follows (the Business has not made a general submission declaration):
You may contact the consumer protection authority:
Pursuant to Sections 45/A (1)–(3) of the Consumer Protection Act (Fgytv.) and Government Decree 387/2016 (XII. 2.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority:
kormanyhivatalok.hu/kormanyhivatalok
In the event of a complaint, the Consumer may contact the Conciliation Body competent according to their place of residence or stay, or the Conciliation Body specified by the Consumer in the request. A condition for initiating conciliation proceedings is that the consumer first attempts to settle the dispute directly with the business concerned.
Contact details of certain territorially competent Conciliation Bodies:
Budapest Conciliation Body
Seat: Budapest
Territorial competence: Budapest
Address: 1016 Budapest, Krisztina krt. 99. 1st floor 111.
Mailing address: 1253 Budapest, Pf.: 10.
Phone: 06-1-488-2131
Email: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
Baranya County Conciliation Body
Seat: Pécs
Territorial competence: Baranya County, Somogy County, Tolna County
Address: 7625 Pécs, Majorossy I. u. 36.
Phone: 06-72-507-154
Email: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Body
Seat: Miskolc
Territorial competence: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Address: 3525 Miskolc, Szentpáli u. 1.
Phone: 06-46-501-090
Email: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu
Csongrád-Csanád County Conciliation Body
Seat: Szeged
Territorial competence: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone: 06-62-554-250/118
Email: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Fejér County Conciliation Body
Seat: Székesfehérvár
Territorial competence: Fejér County, Komárom-Esztergom County, Veszprém County
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone: 06-22-510-310
Email: bekeltetes@fmkik.hu
Website: bekeltetesfejer.hu
Győr-Moson-Sopron County Conciliation Body
Seat: Győr
Territorial competence: Győr-Moson-Sopron County, Vas County, Zala County
Address: 9021 Győr, Szent István út 10/a.
Phone: 06-96-520-217
Email: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu
Hajdú-Bihar County Conciliation Body
Seat: Debrecen
Territorial competence: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone: 06-52-500-710
Email: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu
Pest County Conciliation Body
Seat: Budapest
Territorial competence: Pest County
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone: 06-1-792-7881
Email: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu
More information about Conciliation Bodies is available here: bekeltetes.hu
3.1. Initiating conciliation proceedings
In handling complaints and providing information to consumers, the Service Provider cooperates with associations representing consumer interests and with consumer protection authorities.
The Service Provider informs Customers that, in addition to Customers qualifying as consumers, the following may also contact a conciliation body: a civil organization, ecclesiastical legal entity, condominium association, housing cooperative acting outside the scope of its independent occupation and economic activity under a separate act, as well as a consumer who is a citizen of a Member State or has a residence in a Member State, and a business established in a Member State which purchases goods or uses services within the Union exclusively for end-use purposes, or acts with such intent.
3.2. Consumer protection authority proceedings
Before initiating proceedings with the consumer protection authority, the Customer must attempt to settle the dispute directly with the Service Provider.
The Customer may initiate proceedings with the consumer protection authority if the Service Provider has violated consumer protection laws, in particular its obligations related to distribution, service provision, complaint handling, customer service, product quality, composition, packaging, pricing, handling warranty/guarantee claims, and consumer information.
An application submitted to the consumer protection authority must include:
- the name and registered seat address of the Service Provider,
- the place where the contested conduct occurred,
- a brief description of the subject of the application supported by available documents, including in particular the Service Provider’s reply letter to the Customer’s inquiry, the minutes recorded about a verbal complaint, and, in the case of complaints submitted by post or electronically, the document proving dispatch/submission.
Proceedings of the consumer protection authority may not be initiated after three years from the occurrence of the infringement. If the unlawful conduct is continuous, the time limit begins when the conduct ceases.
In the proceedings of the consumer protection authority, within the scope of protecting consumer interests, associations representing consumer interests are also entitled to client rights.
If the consumer protection authority establishes a breach of consumer protection provisions, it may, among other measures, order termination of the unlawful situation, prohibit continuation of the unlawful conduct, require the Service Provider—setting a deadline—to remedy the identified deficiencies, or impose a consumer protection fine.
4. Procedure of the Service Provider in the event of repeated complaints
If the Customer re-submits a complaint identical in content to a complaint previously substantively answered, containing no new information, the Service Provider may omit investigating it. The Service Provider may also omit investigating complaints submitted by an unidentifiable person.
5. Fulfilment of written form requirements
The Service Provider may fulfil its written complaint handling obligations by letter, fax or electronically, provided that the means used allows durable storage of data and display in unchanged form.
VIII. Right of withdrawal for Customers qualifying as consumers
The Service Provider draws Customers’ attention that the right of withdrawal under this chapter (Chapter VIII – Right of Withdrawal) applies exclusively to Customers qualifying as consumers. A consumer is a natural person acting outside the scope of their profession, independent occupation or business activity.
You may send your withdrawal statement to the following contact details:
- Email: info@sweets-factory.com
- Postal address: 1044 Budapest, Ipari Park utca 4.
- Return address for products: 1044 Budapest, Ipari Park utca 4. (Sweets Factory Kft.)
1. 14-day right of withdrawal
In the case of online purchases and contracts concluded off-premises, the Customer has the right to withdraw without giving any reason within fourteen (14) days.
If the Customer concluded a contract for the provision of services and, at the Customer’s explicit request, performance of the service began within the 14-day period, the Customer has the right to terminate the service contract.
2. Start and calculation of the withdrawal period
In the case of a sales contract for goods, the withdrawal period is 14 days from the day of receipt of the goods. If the Customer purchased multiple goods delivered at different times, the 14-day period begins on the day the last item is received. If goods consist of multiple lots or pieces, the period begins on the day the last lot or piece is received.
In the case of regular delivery of goods, where goods are delivered regularly within a defined period, the withdrawal period begins on the day the first delivery is received.
In the case of a service contract, the withdrawal period is 14 days from the day the contract is concluded.
The recipient of the goods may be the Customer personally or a third person designated by the Customer, other than the carrier.
3. Early exercise of the right of withdrawal
In the case of purchasing goods, the Customer may exercise the right of withdrawal not only after receiving the goods, but also during the period between the conclusion of the contract and receipt of the goods.
4. Withdrawal of an offer
If the Customer made an offer for concluding the contract, the Customer is entitled to withdraw the offer prior to the conclusion of the contract, which terminates the binding nature of the offer.
5. Method and deadline for exercising the right
The Customer may exercise the right of withdrawal or termination in writing by a clear statement, or by using the model withdrawal/termination form set out in Annex 2 of Government Decree 45/2014 (II. 26.). The exercise of the right is deemed timely if the Customer sends the statement before the expiry of the 14-day period.
6. Legal consequences of withdrawal or termination
Obligations of the Service Provider in case of withdrawal or termination
6.1. Refund of the purchase price
If the Customer lawfully exercises the right of withdrawal or termination, the Service Provider shall refund the total amount paid by the Customer as consideration without undue delay, but no later than 14 days from becoming aware of the withdrawal. This includes costs incurred in connection with performance, including delivery charges.
6.2. Method of refund
The Service Provider shall refund the amount using the same payment method as used by the Customer for the original transaction.
With the Customer’s express consent, the Service Provider may use a different payment method for the refund, provided that this does not result in any additional costs for the Customer.
6.3. Special delivery costs
If the Customer expressly chose a delivery method other than the least expensive standard delivery option, the Service Provider is not obliged to reimburse the additional costs resulting from this choice.
6.4. Right of retention
In the case of a sales contract for goods, the Service Provider is entitled to withhold the refund until the goods are returned or the Customer provides unequivocal proof that the goods have been sent back—whichever occurs first. This right of retention does not apply if the Service Provider has undertaken to collect the goods itself.
6.5. Data processing and digital content
In the event of withdrawal, the Service Provider complies with its obligations under Regulation (EU) 2016/679 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The Service Provider shall refrain from using any content (other than personal data) provided or created by the Customer, or generated through the use of digital content or digital services provided by the Service Provider, except where such content:
a) cannot be used independently of the digital content or digital service provided,
b) relates solely to the Customer’s activity in using the digital content or digital service provided by the Service Provider,
c) has been aggregated with other data by the Service Provider and cannot be separated, or can only be separated with disproportionate effort, or
d) was created jointly by the Customer with others and may continue to be used by other Customers.
Upon request, we will make available to the Customer any content created by the Customer in connection with the digital content or service, other than personal data, unless such content is not usable in another context, relates solely to the Customer’s activity, has been combined with other data, or was created jointly with other consumers.
The Customer is entitled to retrieve digital content free of charge, without restriction, within a reasonable time, in a commonly used and machine-readable data format. In the event of withdrawal—subject to the above rules—the Service Provider may prevent further use of the digital content or service.
Obligations of the Customer in case of withdrawal or termination
6.6. Return of goods
In the event of withdrawal, the Customer must return the goods without undue delay, but no later than 14 days from communicating the withdrawal, or hand them over to the Service Provider. The return is deemed timely if the Customer sends the goods before the expiry of the deadline. This obligation does not apply if the Service Provider has undertaken to collect the goods.
6.7. Return costs
The direct cost of returning the goods is generally borne by the Customer, unless the Service Provider has undertaken to bear such costs. If, in the case of an off-premises contract, the goods were delivered to the address requested by the Customer and, due to their nature, cannot be returned by post, the Service Provider shall collect the goods at its own expense.
6.8. Liability for diminished value
The Customer is liable only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. If the Service Provider did not provide the required information about the right of withdrawal, the Customer is not liable for diminished value.
6.9. Proportionate fee for services
If the Service Provider and the Customer concluded a service contract and the Customer requested early commencement of performance, then exercises the right to terminate after performance has begun, the Customer must pay a fee proportionate to the services performed up to the time of termination. The Service Provider calculates the proportionate amount based on the total consideration agreed in the contract, unless the Customer proves this is excessively high, in which case market value applies.
6.10. Cessation of use of digital content
In the case of digital content or digital services, upon withdrawal the Customer must refrain from any further use and from making such content/services available to third parties.
6.11. When the right of withdrawal cannot be exercised
After full performance of services:
In the case of a service contract, the Customer may not exercise the right of withdrawal after the service has been fully performed, provided that performance began with the Customer’s express prior consent and with acknowledgment that the Customer would lose the right of withdrawal after full performance.
Personalized and perishable products:
The Customer may not exercise the right of withdrawal for personalized goods, perishable goods or goods with a short shelf life, or sealed goods which are not suitable for return due to health protection or hygiene reasons once opened.
Sealed entertainment products:
No right of withdrawal applies for the purchase of sealed audio or video recordings or computer software once the packaging has been opened.
Time-specific services:
In the case of accommodation, transport, car rental, catering, or leisure services, where the Service Provider has set a specific performance date or period, the right of withdrawal cannot be exercised.
Digital content:
For digital content supplied on a non-tangible medium, the right of withdrawal cannot be exercised if performance began with the Customer’s express prior consent and the Customer acknowledged that they would thereby lose the right of withdrawal.
6.12. Effect on ancillary contracts
If ancillary contracts are linked to the contract concluded by the Customer, exercising the right of withdrawal or termination also terminates or cancels those ancillary contracts. The Customer is not obliged to compensate any damage resulting from termination of the ancillary contracts and is not charged any other costs in this connection. The Service Provider shall promptly notify third parties involved in ancillary contracts of the Customer’s withdrawal or termination.
IX. Rights of the Service Provider if the Customer does not accept the product
- If the Customer does not accept the delivered product, the Service Provider is entitled to initiate re-delivery and may make re-delivery conditional upon payment of the delivery fee.
- If, during re-delivery, the Customer again fails to accept the product, the Service Provider is entitled to terminate the contract and shall notify the Customer of this by email sent to the address provided in the Webshop.
- If points 1–2 have already been applied in relation to the Customer, the Service Provider may make acceptance of further orders from the Customer conditional upon advance payment of the purchase price of the products and the delivery fee.
X. Consumer protection information
For points X.1–3 [1. Statutory warranty for defects, 2. Product warranty, 3. Guarantee], “Customer” shall mean a consumer; a consumer is a natural person acting outside the scope of their profession, independent occupation or business activity.
For Customers who do not qualify as consumers, the Service Provider provides the information in point 4.
1. Statutory warranty for defects
In what cases may the Customer exercise statutory warranty rights?
In the event of defective performance, the Customer may enforce a statutory warranty claim against the Service Provider in accordance with the rules of the Civil Code. This right applies in any case where the purchased product does not comply with the contract or does not have the usual properties.
When exercising statutory warranty rights, the Customer may—at their choice—request repair or replacement of the defective product, unless performance of the chosen remedy is impossible, or would result in disproportionate additional costs for the Service Provider compared to another remedy. If the Customer did not request or could not request repair or replacement, the Customer may request a proportionate reduction of the price, or ultimately may withdraw from the contract. The Customer may switch from one chosen statutory warranty right to another; however, the costs of switching shall be borne by the Customer, unless the switch was justified or was caused by the Service Provider.
Within what time limit may the Customer enforce a statutory warranty claim?
The Customer must notify the Service Provider of the defect without undue delay after discovering it, but no later than within two months from discovering the defect. The Service Provider draws the Customer’s attention to the fact that statutory warranty rights can no longer be enforced after the two-year limitation period from the date of performance. In the case of used goods, this period is at least one year.
Against whom may the Customer enforce a statutory warranty claim?
The Customer may enforce the statutory warranty claim against the Service Provider.
Are there any other conditions for enforcing statutory warranty rights?
Within one year from performance, there are no other conditions beyond notifying the defect, provided that the Customer proves that the product was delivered by the Webshop. After one year from performance, the Customer must prove that the defect already existed at the time of performance.
2. Product warranty
In what cases may the Customer exercise product warranty rights?
In the event of a defect in movable property (hereinafter in this section: the “product”), the Customer may, at their choice, enforce either the right described in point 1 or a product warranty claim under the Civil Code.
What rights does the Customer have under a product warranty claim?
As a product warranty claim, the Customer may request repair or replacement of the defective product.
Against whom may the Customer enforce a product warranty claim?
The Customer may exercise product warranty rights against the manufacturer or distributor of the product (hereinafter jointly: the “manufacturer”).
When is a product considered defective?
A product is defective if it does not comply with the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
Within what time limit may the Customer enforce a product warranty claim?
The Customer may enforce a product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this time limit, the Customer loses this right.
What burden of proof applies?
When enforcing a product warranty claim, the Customer must prove that the product defect existed at the time the product was placed on the market by the manufacturer.
When is the manufacturer exempt from product warranty liability?
The manufacturer is exempt if it proves that:
– it did not manufacture or place the product on the market in the course of its business activity, or
– according to the state of science and technology at the time the product was placed on the market, the defect was not recognizable, or
– the defect results from the application of legislation or a mandatory authority requirement.
It is sufficient for the manufacturer to prove one of these grounds.
The Service Provider draws the Customer’s attention to the fact that for the same defect, the Customer may enforce a statutory warranty claim against the Service Provider and a product warranty claim against the manufacturer simultaneously and in parallel. If the product warranty claim is successfully enforced, further statutory warranty claims relating to the replaced product or the repaired part of the product may thereafter be enforced only against the manufacturer.
3. Guarantee (jótállás)
In what cases may the Customer exercise guarantee rights?
If the Service Provider has provided a guarantee or is obliged to provide a guarantee by law, then during the guarantee period the Service Provider must be liable for defective performance according to the conditions set out in the guarantee statement or in legislation.
What rights does the Customer have if the guarantee is based on law?
For a new durable consumer good (hereinafter: “consumer good”) as defined in the ministerial decree on product groups subject to mandatory guarantee, the Customer may enforce the rights set out in point 1 due to defects in performance, subject to the conditions in the government decree on mandatory guarantees for certain durable consumer goods.
What additional rights does the Customer have in the case of a statutory guarantee?
For consumer goods, during the guarantee period the Customer may primarily request repair. Replacement is available already after the first repair attempt if it is established that the consumer good cannot be repaired and the Customer does not request fulfillment of another claim. The Customer may also request replacement if repair is not carried out within thirty days of notifying the repair claim. The right to replacement is also established if the consumer good breaks down again after being repaired three times during the guarantee period, provided that the Customer does not request fulfillment of another claim. If replacement is not possible in the above cases, the Customer may also request a refund of the purchase price.
Within what time limit may the Customer exercise rights based on a mandatory guarantee?
The guarantee period for consumer goods is:
a) two years for a sales price between HUF 10,000 and HUF 250,000,
b) three years for a sales price above HUF 250,000 (from HUF 250,001).
Under what conditions may guarantee claims be enforced?
The Customer may exercise rights arising from the guarantee using the guarantee certificate provided. An incorrectly issued guarantee certificate or failure to provide a guarantee certificate does not affect the validity of the guarantee. If a guarantee certificate is not provided, the conclusion of the contract is deemed proven if the Customer presents proof of payment. Providing the opened packaging of the consumer good is not a condition for fulfilling the guarantee claim.
What additional requirements may be imposed as conditions for exercising guarantee rights?
Special requirements (e.g., periodic inspection) may be imposed on the consumer for proper commissioning or operation of the consumer good, provided that proper commissioning/operation cannot be ensured otherwise and compliance does not impose a disproportionate burden on the consumer.
When is the Service Provider exempt from the guarantee obligation?
The Service Provider is exempt if it proves that the cause of the defect arose after performance.
The Service Provider draws the Customer’s attention that the Customer may enforce statutory warranty and guarantee claims, as well as product warranty and guarantee claims, simultaneously and in parallel for the same defect. However, if the Customer has already successfully enforced a claim arising from defective performance once (e.g., the Service Provider replaced the product), the Customer may not claim again for the same defect on another legal basis.
4. Information on rights enforceable in case of defective performance – for B2B contracts
Statutory warranty for defects
When can you enforce statutory warranty rights?
You may enforce a statutory warranty claim if, at the time of performance, the purchased product or service did not comply with the quality requirements set out in the contract or in legislation.
What rights do you have?
At your choice, you may exercise the following statutory warranty rights:
- You may request repair or replacement, unless fulfillment of the chosen remedy is impossible or would result in disproportionate additional costs.
- If the Service Provider does not undertake repair or replacement, or cannot comply, you may request a proportionate reduction of the price, repair the defect at your own cost or have it repaired by a third party, or withdraw from the contract.
What deadlines must you observe?
You must notify the Service Provider of the defect without delay after discovery. For movable property, the statutory warranty claim becomes time-barred within one year from the date of performance.
Bearing of costs
The Service Provider bears the costs related to fulfilling the warranty obligation. However, if failure to perform maintenance obligations attributable to the Customer also contributed to the defect, the Customer must bear the costs in proportion to their contribution.
Switching remedies
You may switch from one chosen statutory warranty right to another, but you must pay the costs caused by switching, unless the switch was caused by the Service Provider or was otherwise justified.
Guarantee
When does it apply?
If the Service Provider has provided a guarantee or is obliged to provide a guarantee by law, then during the guarantee period the Service Provider must be liable for defective performance under the conditions set out in the guarantee statement or in legislation.
Exemption
The Service Provider is exempt if it proves that the cause of the defect arose after performance.
Parallel exercise of rights
A guarantee does not affect statutory warranty rights arising from law; they may be exercised in parallel.
Important notes
- You may enforce statutory warranty rights as a defense against a claim arising from the same contract even if the statutory warranty claim has become time-barred.
- In the event of replacement or withdrawal, you are not obliged to compensate for depreciation resulting from normal use.
- Withdrawal is not available due to a minor defect.
XI. Other provisions and information
1. The Service Provider informs the Customer that:
a) the annual availability of the servers ensuring data processing exceeds 99.9%. In order to protect data, regular backups are made, so that in the event of data loss, the original content can be restored;
b) stored information is placed in MSSQL and MySQL databases; sensitive data are protected by strong encryption, using hardware-based encryption solutions integrated into the processor.
2. The Service Provider informs the Customer that the Sellvio review system operates on the Webshop website.
a) The review system evaluates the operation of the webshop itself (not individual products), exclusively based on the opinions of real customers.
b) During reviewing, the following security and technical measures are applied:
i) The possibility to submit a review is activated only after purchase. The system operates independently of the webshop, and reviews are stored by Sellvio (ErdSoft Kft.: company registration number: 06-09-030198, registered seat: 6720 Szeged, Kígyó utca 4.).
ii) Reviews can be submitted only after purchase, based on an invitation sent to the provided email address.
iii) It is important to know that neither reviews nor opinions can be deleted—both positive and negative feedback are displayed—thus the system provides an authentic picture of the Webshop’s operation.
3. The website’s privacy notice is available at the following page:
nakednoble.com/adatvedelmi-nyilatkozat.html