- I. Definitions
- II. Subject of the Contract
- III. Obligations of the Contractor
- IV. Obligations of the Customer
- V. Individual Order and Conclusion of the Individual Contract
- VI. Product Price and Other Fees
- VII. Termination or Withdrawal in the Case of a Non-Consumer Customer
- VIII. Miscellaneous Provisions
- IX. Special and Derogating Provisions Applicable to Consumers
General Terms and Conditions governing the sale and purchase of products via the online webshop operated on the www.lgtechnologies.hu website
General Terms and Conditions
Preamble
These General Terms and Conditions (hereinafter: the “GTC”) govern, in a general manner, the contractual terms of agreements concluded with customers in connection with the commercial activities of LG TECHNOLOGIES Limited Liability Company (registered office: 2161 Csomád, Levente utca 14. A. ép., company registration number: 13-09-231888, tax number: 24376004-2-13, statistical number: 24376004-3314-113-15, registering authority: Company Registry of the Budapest Surroundings Regional Court; hereinafter: the “Company” or the “Contractor” or the “Enterprise”) relating to the trade of movable goods, industrial electronic equipment and other electrotechnical equipment, as well as their accessories and spare parts. Accordingly, the Contractor declares that these GTC shall not apply to contracts relating to the Contractor’s repair activities. Unless the Parties expressly agree otherwise in writing in their contractual relationship, the provisions of these GTC shall apply. In the contractual relationship between the Contractor and the Customer, the Parties may deviate from the provisions of these GTC only by means of a written agreement concluded after the publication of these GTC, with an explicit reference to the deviation from the GTC; failing this, any deviation from the GTC shall be deemed null and void by the Parties.
The scope of these GTC shall extend to all contracts, quotations, agreements, mandates, orders or authorisations concluded with the Company in written or oral form or by implied conduct, on the basis of which the Company, in consideration for remuneration, concludes contracts for the sale and purchase of movable goods, industrial electronic equipment and other electrotechnical equipment, as well as their accessories and spare parts, and all Goods marketed on the Website, and performs its contractual obligations in connection therewith. Unless otherwise provided in these GTC, the temporal scope of these GTC shall commence from the request for quotation aimed at establishing the legal relationship between the Parties or from the commencement of negotiations preceding the establishment of such legal relationship. The scope of these GTC shall extend to all enquiries, contract conclusions, contract performances and legal statements related to the conclusion and performance of the contract by the enterprise and the customer, as well as by other persons having a legal relationship with them.
Service Provider details:
Name: LG TECHNOLOGIES Limited Liability Company
Company registration number: 13-09-231888
Tax number: 24376004-2-13
Registered office: 2161 Csomád, Levente utca 14. A. ép.
Telephone number: +36305330616
E-mail address: info@lgtechnologies.hu
I. Definitions
For the purposes of these GTC, the following definitions shall apply:
- a) Parties: the Customer and the Company jointly
- b) Customer or Purchaser: any legal entity, natural person or association of persons having relative legal capacity that is in a contractual relationship with the Company or participates in negotiations aimed at concluding a contract, and that enters into a contract with the Company for the sale and purchase of movable goods, industrial electronic equipment and other electrotechnical equipment, as well as their accessories and spare parts, and related ancillary activities, or conducts negotiations for the conclusion of such contractual relationship with the Contractor, requests a quotation, in which the Company participates as a business entity.
- c) Service: the sale and purchase of movable goods, industrial electronic equipment and other electrotechnical equipment, as well as their accessories and spare parts, and all Goods marketed on the Website, provided by the Contractor on the basis of an Individual Contract.
- d) Subcontractor: any company, sole proprietor or natural person that, upon the Company’s mandate, participates in the provision of services to Customers, cooperates in the conclusion or performance of contracts, or performs any other related activity on behalf of the Company under a contractual, agency or other legal relationship.
- e) Employee: any natural person who is or has been in an employment relationship or a mandate relationship aimed at performing work with the Contractor, irrespective of their position or scope of duties.
- f) Goods or Product: all products marketed by the Company, including movable goods, industrial electronic equipment and other electrotechnical equipment, as well as their accessories and spare parts, offered for sale via the www.lgtechnologies.hu website.
- g) Equipment Costs or Costs: any costs related to the procurement of materials or equipment necessary for the provision of the Service, the amount of which shall be determined by the Contractor on the basis of its accounting, upon presentation of an invoice.
- h) Shipping Fee: all costs and charges incurred in connection with the delivery of the Product to the location designated by the Customer.
- i) Purchase Price: the purchase price indicated as the price of the Product on the Website, in the currency specified on the Website.
- j) Individual Order or Individual Contract: the concept defined in Section V of these GTC, which shall apply throughout these GTC.
- k) Website: the website accessible at www.lgtechnologies.hu and all of its subpages.
- l) Consumer: a person corresponding to the definition set out in Section 8:1 (1) point 3 of Act V of 2013 on the Civil Code (hereinafter: the “Civil Code”).
II. Subject of the Contract
The Contractor undertakes, in consideration of the payment of the purchase price and the shipping fee, to deliver, under the conditions set out below and on the basis of an Individual Contract concluded following an individual order, the Goods specified and described in the contract concluded on the basis of the individual order to the Customer or to a third party designated by the Customer, to the postal address provided by the Customer.
The Customer undertakes to pay, against invoice and prior to delivery, the Purchase Price and the Shipping Fee specified in the Individual Contract for the product supplied by the Contractor.
III. Obligations of the Contractor
- The Contractor shall, on the basis of an Individual Contract concluded pursuant to these GTC, deliver to the Customer the Product specified in the Individual Contract, against payment of the purchase price, within the agreed delivery period, and shall transfer ownership of the Product to the Customer.
- Unless otherwise provided in the Individual Contract, the Contractor shall deliver the Product to the Customer within ninety (90) days from the conclusion of the Individual Contract. The Product shall be deemed delivered when it is received by the Customer, a person living in the same household as the Customer, any other person authorised to receive it, the Customer’s agent, a person present at the address, registered office or place of business designated by the Customer, or an employee of the Customer, or when the Product arrives at the parcel collection point designated by the Customer.
- The Contractor shall not be liable, and shall bear no responsibility for any resulting damages, if the carrier performing the delivery or handover of the Product damages or loses the Product, or delivers it to an incorrect address or to a person not authorised to receive it.
- If, in the course of performing its obligations under the Individual Contract, the Contractor is in delay with the delivery or dispatch of the Product, the Contractor shall be entitled, beyond the deadline specified in the Individual Contract or these GTC, to request an additional period of thirty (30) days by notifying the Customer by e-mail; during such additional period, the Customer shall not be entitled to exercise the right of withdrawal or any other claim based on delay against the Contractor.
- If, in the course of performing its obligations under the Individual Contract, the Contractor is in delay with the delivery or dispatch of the Product and the Contractor has not requested an additional period or such period has elapsed unsuccessfully, the Customer shall be obliged to notify the Contractor in writing to deliver the Product within fifteen (15) days from receipt of such notice. In the absence of such notice, the Contractor shall not be deemed to be in delay; furthermore, the Contractor shall be deemed to be in delay only on the 11th day following the notice specified in this point, and prior to this the Parties exclude the Contractor’s delay.
- If, upon delivery, the Product is defective or does not comply with the quality requirements set out in the Individual Contract, the Customer shall be obliged to provide the Company with the opportunity to remedy the defect or replace the Product under the rules of warranty for defects; the Company shall be obliged to replace or repair the Product within sixty (60) days. The Customer shall be entitled to withdraw from the contract only on the day following the unsuccessful expiry of such sixty (60)-day period. The Parties exclude the Contractor’s liability for damages arising from defective performance or the supply of a defective Product if the Customer has not requested repair or replacement from the Contractor within a sixty (60)-day period. The Contractor shall be liable for damages only in cases of wilful misconduct, and where damage arises from the supply of a defective Product, the Contractor shall be liable only if the Customer requested repair or replacement and the Contractor failed to undertake it or supplied a defective Product again. The Parties stipulate that, in the event of a defective Product, the Contractor shall be entitled to decide whether to repair or replace the Product.
- If, upon delivery, the Product does not contain the appropriate quantity (hereinafter: “Quantity Defect”), the Customer shall notify the Company thereof without delay, and the Company shall be obliged to remedy the shortage affected by the quantity defect within sixty (60) days.
- The Contractor shall be entitled to engage subcontractors or cooperating partners for the performance of individual contracts; however, if the person or entity performing the delivery of the Product is in delay, the Company shall not be liable for such delay or defect.
- The Contractor shall be liable for damages caused wilfully by the Contractor or by its employees, agents or subcontractors; the Contractor’s liability for damages not caused wilfully is excluded. The Contractor shall not be liable for defects or damages arising from improper use, transportation or handling, attributable to the activities of the Customer, or resulting from or in connection with such activities, or caused by the involvement of third parties outside the Contractor’s control. The Contractor shall not be obliged to indemnify damages exceeding ten times the purchase price specified in the Individual Contract, but in any case not exceeding HUF 5,000,000; the Contractor shall not be obliged to compensate any amount exceeding this limit.
IV. Obligations of the Customer
- The Customer shall provide, during registration, all personal identification data required for the conclusion of the Individual Contract, in particular their name, residential address or registered office; in the case of a natural person, their mother’s maiden name, place and date of birth; and in the case of a legal entity, the registering authority and registration number, accurately and correctly (hereinafter: “Registration”). The Customer shall complete the Registration via the Website prior to the purchase and shall provide accurate and truthful data; failing this, the Customer shall be liable for defective performance or non-performance, and the Company shall be entitled to withdraw unilaterally from the Individual Contract by legal declaration, deduct its incurred costs from the purchase price and refund the remaining amount to the Customer.
- The Customer shall pay the purchase price and the shipping fee in advance at the same time as placing the Order via the Website, the legal title of which shall be an advance payment (hereinafter: the “Advance”). The Advance shall be credited towards the purchase price. The Advance, being equal to the full amount of the purchase price, shall be deemed to constitute payment of the purchase price upon acceptance of the Order.
- The Customer shall pay the full amount of the purchase price, the Equipment Costs and the shipping fee. Unless otherwise provided in the Individual Contract, the Customer shall pay the full amount of the purchase price, the Equipment Costs and the shipping fee within the deadline indicated on the invoice issued by the Company, but no later than thirty (30) calendar days following the Company’s performance.
- The Customer shall provide the Contractor with all information necessary for the performance of the Contractor’s obligations arising from these GTC and the Individual Contract, in particular the exact address required for the delivery of the Product. The Contractor shall bear no liability for damages and no warranty for defects shall apply if the Customer fails to provide the information and cooperation necessary for the proper delivery of the Product.
- If the Individual Contract is concluded but the Customer becomes unreachable for the Contractor, fails to maintain contact, any of these situations persists for fourteen (14) days, or the Customer fails to take delivery of the Product and the shipment is returned to the Company marked “not claimed” or “addressee unknown”, the Company shall be entitled to terminate the Individual Contract. In such case, the Customer shall be obliged to pay a contractual penalty to the Company in an amount equal to fifty per cent (50%) of the purchase price, after deduction of the shipping costs and other costs stipulated in the Individual Contract. The Company shall be entitled to satisfy the contractual penalty from the purchase price and shall refund any remaining amount to the Customer. In the event of termination of the Individual Contract by the Company, the contractual penalty shall become due on the day following the termination.
- The Customer shall be liable for any damages caused to the Company or its Subcontractor by the Customer, their employee or agent, persons living in the same household as the Customer, or third parties having a contractual relationship with the Customer.
- The Customer shall pay the purchase price, the Equipment Costs and the shipping fee by bank transfer, by bank card payment or by any other payment method provided on the Website, and shall take delivery of the Product.
- The Customer acknowledges that they shall comply with the product description, instructions for use provided with the Products, and the method of use arising from the characteristics and intended purpose of the Product, and that the Customer shall be liable for any use deviating therefrom.
V. Individual Order and Conclusion of the Individual Contract
- Individual Order or Order: The conclusion of the Individual Contract requires an order placed by the Customer, which may be submitted electronically via the Website following registration. An order shall qualify as an Individual Order if, after registration, the Customer selects the Product or Products displayed on the Website, places them in the shopping cart operated through the webshop on the Website, and submits or finalises the order. A Customer not qualifying as a consumer shall not be entitled to withdraw from or revoke the Individual Order.
- Individual Contract: The Individual Contract shall be concluded upon acceptance of the Individual Order by the Contractor, which may take the form of an e-mail confirmation of the Order. The date of conclusion of the Individual Contract shall be the date on which the confirmation e-mail or the accepting declaration is sent.
- If the Company does not confirm or accept the Order within seven (7) days, the Parties shall deem that the Company has not accepted the Order, and consequently the Individual Contract shall not be concluded.
- If, following the placement of the Order, the Contractor is unable to deliver the Product to the Customer, the Contractor shall be entitled to withdraw from the Individual Contract up to the ninetieth (90th) day following the performance deadline and shall refund the purchase price. In the event of such withdrawal, the Customer shall not be entitled to assert any further reimbursement or damage claims against the Contractor.
VI. Product Price and Other Fees
- The Company shall display the purchase price of each Product on the Website, which shall be understood in the currency indicated next to the price on the Website.
- During the Individual Order and registration process, the Company shall specify the amount of the shipping fee on the basis of the data provided; the Company shall be liable for the correctness of such amount only if the Customer has provided all information required for this purpose accurately.
- If, despite all due care exercised by the Company, an incorrect price is displayed on the Website, including but not limited to prices of “EUR 0” or “EUR 1” resulting from a system error, or a price lower than 30% of the average market price of the Product, the Contractor shall not be obliged to confirm the order at the incorrect price or to perform the Individual Contract. In such case, the Contractor shall be entitled to reject the offer, to withdraw from the Individual Contract without any time limitation, and may offer confirmation at the correct price, in which case the Customer shall be entitled not to accept the amended offer. An incorrect price shall mean a price at which the Contractor lacks the contractual intent to conclude the contract. Pursuant to Act V of 2013 on the Civil Code, a contract is concluded by the mutual and concordant expression of the will of the parties. If the parties are unable to agree on the contractual terms, that is, if there is no mutual and concordant declaration of intent of the parties, no validly concluded contract may be deemed to exist from which rights and obligations would arise.
VII. Termination or Withdrawal in the Case of a Non-Consumer Customer
Unless otherwise provided by the Individual Contract, these GTC or applicable law, the Parties shall not be entitled to terminate or withdraw from the Individual Contract concluded pursuant to these GTC in the absence of a material breach of contract. In the event of termination of the Individual Contract, the Parties shall settle accounts with each other, in the course of which the Customer shall bear the shipping fee.
VIII. Miscellaneous Provisions
- By the conclusion of the Individual Contract, the Customer undertakes that neither during the term of the legal relationship nor within five (5) years following its termination shall the Customer, either directly or indirectly, enter into any business, agency, contractor or employment-type legal relationship aimed at performing activities identical or similar to those of the Contractor with any employee, former employee, agent or subcontractor employed by the Contractor, or with any former agent or subcontractor, or with any supplier of the Company. In the event of breach of this obligation, the Customer shall be obliged to pay a contractual penalty to the Contractor in the amount of HUF 9,000,000 (nine million Hungarian forints) per employee, agent or subcontractor. For the purposes of this clause, the Parties shall consider, inter alia, the establishment of an indirect legal relationship to include cases where the Customer, its member, executive officer or close relative thereof, or a company owned by any of the foregoing persons, enters into a contract with an employee, former employee, agent or subcontractor, or former agent or subcontractor.
- The Contractor shall be obliged to notify the Customer without delay of any circumstances that jeopardise or hinder the successful performance of the business or its completion within the appropriate time. In the event of failure to notify or delayed notification, the Contractor shall bear the consequences thereof.
- The Principal and the Contractor shall be obliged to keep confidential any business secrets that come to their knowledge; any information or data that comes to their knowledge in the course of the performance or preparation of the Individual Contract shall qualify as a business secret.
- In matters not regulated in this document, the provisions of the Civil Code and the applicable Hungarian legislation shall apply. Any legal relationship established on the basis of these GTC shall be governed by Hungarian law, and exclusive jurisdiction is stipulated in favour of the competent Hungarian courts. Hungarian law shall govern matters not regulated in these GTC and the interpretation of these GTC, with particular regard to Act V of 2013 on the Civil Code, Act CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services, and Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses.
IX. Special and Derogating Provisions Applicable to Consumers
- The Company hereby informs Consumer Customers of the following information:
- a) Company details: LG TECHNOLOGIES Limited Liability Company (registered office: 2161 Csomád, Levente utca 14. A. ép., company registration number: 13-09-231888, tax number: 24376004-2-13, statistical number: 24376004-3314-113-15, registering authority: Company Registry of the Budapest Surroundings Regional Court, e-mail address: info@lgtechnologies.hu
- b) The Company shall perform the Service on the basis of an Individual Contract concluded with the content set out in these GTC and in accordance with the conditions set forth therein, provided that the Customer has duly and fully complied with its contractual obligations.
- c) Following the conclusion of the Individual Contract, the Company shall not be entitled to modify the purchase price and shall apply the prices indicated on the Website to the ordered Products.
- d) With regard to the Service provided to the consumer, the Company is subject to the provisions of Government Decree No. 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods. The duration of the warranty depends on the amount of the service fee paid and its intended purpose, as well as the product category. The Company hereby informs the Customer that the Products marketed on the Website qualify as industrial electronic equipment and therefore do not constitute durable consumer goods within the meaning of Government Decree No. 151/2003 (IX. 22.) for which a mandatory warranty obligation would apply; accordingly, the Company is not subject to any mandatory warranty obligation.
- e) The Consumer may submit a consumer protection complaint in writing by postal mail addressed to the Company’s registered office, which shall be legally effective; the Company shall examine and respond to such complaint within thirty (30) days.
- f) A Customer qualifying as a consumer may primarily exercise the right to repair or replacement among warranty for defects claims.
- g) The Consumer shall be entitled to turn, in connection with a consumer complaint, to the conciliation body operating alongside the chamber of commerce and industry. According to the Company’s registered office, this is the Conciliation Body operated by the Pest County Chamber of Commerce and Industry, Address: 1055 Budapest, Balassi Bálint u. 25. 4th floor, Room 2, e-mail address: pmbekelteto@pmkik.hu
- The Consumer shall be entitled to withdraw from the Individual Contract or the Individual Order without giving reasons within fourteen (14) days following receipt of the Product, by sending a postal letter addressed to the Company’s registered office specified in these GTC or by e-mail. In such case, the Customer shall bear the shipping costs and the costs of return shipping and packaging.
- The Consumer shall be entitled to withdraw the Order prior to acceptance of the Quotation without being bound by the offer.
Csomád, 2024. 11. 03.
