General contractual terms and conditions

MOTOLIGHT.HU

General Terms and Conditions

Welcome to the MOTOLIGHT.HU Webshop owned by SCORPIO Kft. (registered office: 1037 Budapest, Pomázi út 15., company registration number: 01-09-710253, tax number: 12194432-2-41, represented by Mrs Júlia Farkas Seres, e-mail: motolight@motolight.hu). Before you place an order, please read the following carefully.

The parties to these General Terms and Conditions (‘GTC’) are the seller providing this online service (the ‘Service Provider’ or ‘Webshop’ or ‘SCORPIO Kft.’) and the user of the service (the ‘Customer’ or ‘User’).

This document will not be filed, and is only concluded in an electronic format; it is not deemed a written contract; is drawn up in Hungarian and makes no reference to a code of conduct. We are happy to answer any questions regarding the operation of the webshop and the process of ordering and delivery at the contact details provided.

The scope of these GTC covers the legal relationships taking place on the Service Provider’s website (http://motolight.hu) and its subdomains. These GTC can be continuously accessed and downloaded from the following website: http://motolight.hu/m-terms.

  1. Details of the Service Provider:

Company name: SCORPIO Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Abbreviated company name: Scorpio Kft.
Registered office: 1037 Budapest, Pomázi út 15.
Address of premises – shop: 1037 Budapest, Pomázi út 15.
Tax number: 12194432-2-41
Company registration number: 01-09-710253
Data processing registration number: NAIH-56149/2012
Issuing company court, Record office: Company Registry Court of Budapest-Capital Regional Court
Language of the contract: Hungarian
E-mail address: motolight@motolight.hu
Telephone number: +36 (1) 239-1347
Fax number: 06 1 349 7571

Name of shipping partner(s): GLS Kft. or ad-hoc shipper
Option for collection in person: 1037 Budapest, Pomázi út 15.
Orders are processed on weekdays between 8 am and 5 pm
Average time for fulfilling orders in working days: 1 to 3 working days
Webshop domain: www.MOTOLIGHT.hu

  1. Basic provisions

2.1. Matters not regulated by these Regulations and the interpretation of these Regulations shall be governed by Hungarian legislation, and in particular the relevant provisions of Act V of 2013 on the Civil Code (‘Civil Code’) and Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services (‘Electronic Commerce Act’) as well as Government Decree 45/2014 of 26 February 2014 on the Detailed Rules of Contracts Concluded between Consumers and Businesses. The parties will be bound by the compulsory provisions of the relevant laws without specific reference to them.

2.2. These Regulations enter into force on 24 May 2018 and are valid until further notice. The Service Provider may amend these Regulations unilaterally. The Service Provider will publish amendments on the website 11 (eleven) days prior to them coming into force. By using the website, Users accept that all the provisions related to the use of the website automatically apply to them.

2.3. Users, by entering the website operated by the Service Provider or reading its content in any way, even if they are not registered users of the website, agree to be bound by the provisions of these Regulations.

2.4. The Service Provider reserves all rights with regard to the whole or any part of the website, the contents appearing on it as well as the dissemination of the website. It is forbidden to download, electronically store, process or sell any part or the whole of the contents appearing on the website without the Service Provider’s written consent.

  1. Registration/purchase

3.1. By purchasing through and registering on the website, Users state that they acknowledge and accept the terms and conditions of these GTC and of the Privacy Policy published on the website, and they give their voluntary consent to their data being processed.

3.2. Purchases can be made without registering. However, if you only wish to shop adding contents to your shopping cart the next time you visit our webshop, registering is practical.

3.3. Users must give their own true data in the course of purchase/registration. If untrue data or the data of another person are given in the course of purchase/registration, the electronic contract thus entered into will be null and void. The Service Provider excludes liability if the User takes advantages of its services on behalf of another person and using the data of another person.

3.4. The Service Provider accepts no liability whatsoever for delay in delivery or any problems or errors due to erroneously and/or inaccurately given data.

3.5. The Service Provider is not liable for damages arising from the User forgetting his or her password, or from the password being accessed by unauthorised persons due to reasons not attributable to the Service Provider.

3.6. By registering with and using the webshop, the customer states and confirms that he or she is familiar with the terms and conditions set out herein, and agrees to be bound by their provisions. By registering with the webshop, customers give their consent to the data controller using their freely given personal data (name, address, e-mail address, telephone number) as well as the products purchased together with information relating to other details of the purchase (place and date of purchase, products purchased, value of purchases) (together ‘Data’ ) for the following purposes: the purpose of processing is to enter into and perform a contract according to these contractual terms and conditions, and to aid the enforcement of any related claims.

  1. Range of available products and services

4.1. The products displayed can only be ordered online at the website http://www.motolight.hu, but the participation of a sales representative is possible.

4.2. Motolight - Road Safety and Communications Technology shop
On our website we distribute special law enforcement, general security/safety technology and practical hobby equipment. Our aim is to market the most specialised devices alongside well-known, popular brands and products, such as light signals, audible warning devices, traffic control equipment, Motorola radios, patient transport equipment, lamps, torches, floodlights, electronic devices, winches, other tools and cameras.

4.3. The products offered can be classified as follows: Light signals, audible warning devices, traffic control equipment, Motorola radios, patient transport equipment, lamps, torches, floodlights, electronic devices, winches, other tools and cameras. The prices shown for the products are gross prices which include the value-added tax required by law but do not include the charge for delivery to the door. There is no separate charge for packaging.

4.4. The prices shown for the products are gross prices in Hungarian forints which include the value-added tax required by law but do not include the charge for delivery to the door. There is no separate charge for packaging. For orders placed outside the webshop, the prices may differ from those published there.

4.5. In the webshop the Service Provider provides the name and detailed description of products, displaying a photo of the products. Some of the images shown in the information for the products are illustrations and may be different from the actual product. We accept no liability for any difference between the picture displayed in the webshop and the actual appearance of the product.

4.6. Our company does not accept liability for any changes made to the products’ technical descriptions without prior notice by the supplier or due to any reason beyond the supplier’s control. We reserve the right to reject previously confirmed orders in part or entirely. Part performance will only occur based on consultations with the customer. If in such circumstances payment for the product has been made, the sum will be duly reimbursed to the payer. If you do not receive a confirmation to the given e-mail address after placing an order, we suggest you first check the SPAM folder in your mailing system. If you have not received confirmation, please contact us using the details provided.

4.7. If a special offer price is introduced, the Service Provider will provide full information to Users about the special offer and its exact duration.

4.8. If, despite the Service Provider taking due care, an erroneous price appears in the Webshop, especially one which is obviously a mistake considerably differing from the product’s generally known and accepted or estimated price, such as ‘HUF 0’ or ‘HUF 1’ appearing due to a potential system fault, the Service Provider is not obliged to deliver the product at the erroneous price but will offer delivery at the correct price, and in the knowledge of that the customer may choose to cancel the order.

4.9. In the event of an erroneous price, there is a conspicuous disparity of values between the product’s real and displayed price, which the average consumer should notice immediately. Pursuant to Act V of 2013 on the Civil Code (‘Civil Code’), a contract is concluded upon the mutual and congruent expression of the parties’ intent. If the parties are unable to agree on the contractual terms and conditions, in other words there is no statement mutually and congruently expressing the parties’ intent, there is no valid contract from which rights and obligations arise. Accordingly, an order confirmed at an erroneous/incorrect price will be regarded as a contract that is null and void.

4.10. Users can obtain information about the features of the product offered for sale on the product page giving a description of the actual good or through verbal advice given by our staff. The information given in the description is provided by the manufacturer and the Service Provider accepts no liability for any inaccuracy it may contain. The current purchase price is the price which appears next to the chosen item on the product page, the price featured in the published price list or the price given in the administrative program operated by Scorpio Kft., which also includes VAT.

4.11. Orders are processed on working days until 5 pm. It is possible to place an order outside the period indicated for processing orders but, if it is placed after the end of working hours, it will only be processed on the next working day.

4.12. If no confirmation is sent within 48 hours, the Customer’s offer to buy will automatically cease to be binding.

4.13. The Service Provider’s Customer Service sends electronic confirmation stating when the order will be met in every case. The average performance deadline is within 1 to 3 working days from sending confirmation.

4.14. Based on the sales contract, the Service Provider is obliged to transfer ownership of the goods and the User is obliged to pay the purchase price and accept the goods.

4.15. If the seller is a business and the customer is a consumer and the seller undertakes to forward the goods to the customer, the risk passes to the customer when the customer or a third party appointed by the customer takes possession of the goods. The risk passes to the customer when the goods are handed over to a shipper chosen by the customer unless the shipper was recommended by the seller.

4.16. If the seller is a business and the customer is a consumer, unless the parties agree to the contrary, the seller (pursuant to these GTC, the Service Provider) is obliged to make the goods available to the customer (User) without delay but at most within thirty days of concluding the contract.

4.17. In the event of the Service Provider’s delay, the User is entitled to set an additional deadline. If the seller fails to perform by the additional deadline, the Customer is entitled to cancel the contract.

4.18. The Customer may cancel the contract without setting an additional deadline if

a) the Service Provider has refused to fulfil the contract; or

b) according to the agreement of the parties or due to the distinct purpose of the service, the contract should have been fulfilled at a specified time for performance and at no other time.

4.19. If the Service Provider fails to fulfil its contractually undertaken obligation because the product specified in the contract is not available, the Service Provider is obliged to inform the User of this without delay and reimburse the amount paid by the User immediately.

  1. Placing orders:

5.1. If a Customer is not yet registered with the Webshop, prior to making the purchase, the registration form must be completed giving accurate data. Purchases can also be made without registering. However, if you only wish to shop adding contents to your shopping cart the next time you visit our webshop, registering is practical.

5.2. The Service Provider may declare invalid any registration form or order received through other means which contains one or more errors and accepts no liability of any kind for performing an order erroneously arising from incorrect data being given.

5.3. After registration, the User logs into the webshop.

5.4. The User can set the number of items of the product(s) intended for purchase.

5.5. The User places the chosen product into the shopping cart. The User may view the contents of the cart at any time by clicking on the ‘Cart’ icon.

5.6. If the User wishes to place more products into the cart, the ‘Continue Shopping’ button needs to be clicked. If the User does not wish to purchase any other product, the number of items of the products he or she intends to buy should be checked. By clicking on the ‘X’ or the ‘Clear Shopping Cart’ button, the contents of the shopping cart can be deleted. To finalise the quantity, the ‘Update Shopping Cart’ icon must be clicked.

5.7. The User then can choose a delivery address and a delivery/payment method, which may be as follows.

5.7.1. Payment methods:

Collection in person: in cash at the time of collecting purchased goods in the Service Provider’s shop or at another venue specified by the Service Provider. If the User chooses to pay upon collecting the goods, the User pays the purchase price of the product in cash in the Service Provider’s shop or at another venue specified by the Service Provider. Cash payment can only be made in Hungarian forints (HUF).

Payment by cash on delivery: if the ordered product is delivered by courier service, there is an option for the User to pay the final amount of the order to the courier in cash when receiving the ordered goods.

By bank transfer: the User must transfer the purchase price of the ordered products to the bank account number given in the confirmation e-mail within 3 days. After the sum has been credited to the Service Provider’s bank account, the User is entitled to receive the product(s) by the chosen means.

Payment by bank card: if the User wishes to settle the value of the order by bank card, the payment method ‘Bank card payment in shop’ needs to be selected. You can pay by bank card through our customer service upon collecting the parcel.

5.8. The User acknowledges that a payment obligation arises by placing an order. After providing the data, the User can place the order by clicking on the ‘Place order’ button, but before that the given data can be checked once again, or a comment (e.g. the colour of the device or product) can be sent together with the order, or an e-mail can be sent to the Service Provider about any other request related to the order.

5.9. The Service Provider will automatically attribute an order ID number to each valid order, which will be given in the confirmation e-mail of the order sent to the e-mail address given by the User. The User explicitly acknowledges and approves that only orders that are given an order ID number are valid.

5.10. If there is an error or missing information with regard to the product or the given prices in the webshop, the Service Provider reserves the right to correct these. In such cases the Service Provider will inform the customer of the corrected data immediately after recognising or amending the error. After this, the User has the option to confirm his or her order or cancel the contract.

5.11. The total amount payable contains all costs based on a summary of the order and the confirmation e-mail. The invoice (and if applicable the guarantee) will be attached to the product.

5.12. Please only order the products chosen if you are able to pay the total price for them to the courier upon the receipt of the parcel or if you have already paid the price of the goods in advance. Uncollected, returned parcels will only be dispatched again after the price of the product has been transferred or paid in advance.

5.13. Correcting erroneous entries: prior to finalising the order, the User can always go back to the previous stage and correct any data that have been entered erroneously. In detail: in the course of ordering there is an option to view and change the contents of the shopping cart. For instance, in the event that the quantity ordered is set wrongly in the shopping cart, the User can write the correct number of items in the field indicated under quantity and click on the ‘Update Shopping Cart’ button. If the User wishes to delete the products in the shopping cart, this can be done by clicking on the ‘X’ or the ‘Clear Shopping Cart’ button. In the course of ordering, the User continuously has the option to correct or delete entered data.

5.14. After sending the order, the User will receive confirmation by e-mail. If no confirmation is received within a reasonable period of time, which varies dependent on the type of service but is at most 48 hours from placing the order, the User will not be bound by the offer or any contractual obligation. An order and its confirmation can be regarded as having been received by the Service Provider and the User respectively when they become accessible. The Service Provider excludes liability for failure to provide confirmation if the reason for not receiving confirmation in time is that the User provided the wrong e-mail address in the course of registration or is unable to receive messages because the storage space of the e-mail account is full.

5.15. The User acknowledges that the confirmation described above is an automatic message and does not establish a contract. The contract is established when, following the automatic confirmation described above, the Service Provider informs the User in another e-mail of the details and expected fulfilment of the order.

5.16. Until the purchase price is fully settled, the products belong to Scorpio Kft.

  1. Home delivery, shipping costs:

The orders of the Webshop are delivered by GLS General Logistics Systems Hungary Kft. Parcels are delivered between 8 am and 5 pm on working days. If you are not at the given address in this period, it is advisable, if possible, to give a delivery address where the delivery can certainly be received. The courier service attempts delivery twice.

Fees for home delivery

The shipping fee for parcels under 10 kg is HUF 1,500 net + VAT.
For parcels over 10 kg, customers are contacted in every case to clarify the exact shipping fee.

6.1. The Customer is obliged to inspect the packaging of each product (unopened manufacturer’s packaging) at the time of delivery/receipt and sign the acknowledgement of receipt (invoice, delivery note or courier service receipt) if the quantity is correct. Payment of the price of the goods in cash also represents acknowledgement of receipt. After this, the Service Provider does not accept complaints with regard to quantity. With products delivered by a parcel delivery or courier company, the Customer must make sure that any damage caused during transport is recorded and signed by the shipper, otherwise the Service Provider will not accept complaints.

6.2. Before the Service Provider delivers the goods in accordance with the provisions of the contract entered into, it will inform the Customer of the actual time of delivery using the contact details given in the order. It is the Customer’s obligation to ensure the receipt of the parcel in the given period of time or to indicate that the delivery time is inappropriate at least 24 hours before the planned delivery of the order.

6.3. Parcels are delivered between 8 am and 5 pm on working days. If delivery is unsuccessful, the Service Provider or the deliverer entrusted by it will leave notification and will attempt to deliver the goods one more time at most. The cost of unsuccessful delivery attributable to the Customer is borne by the Customer.

  1. Right of withdrawal

7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council as well as Government Decree 45/2014 of 26 February 2014 on the Detailed Rules of Contracts Concluded between Consumers and Businesses, the consumer may withdraw from the contract without providing a reason and return the ordered product within 14 days of receiving it. If this information is not provided, the Consumer may exercise the right of withdrawal for 1 year. If the Service Provider supplies this information after the expiry of the 14 days of the receipt of the ordered goods or the date of concluding the contract but within 12 months, the period of time available for withdrawal is 14 days from the communication of this information.

7.2. The period of time available for exercising the right of withdrawal expires on the 14th day after the day on which the Consumer or a third party specified by the Consumer other than the shipper receives the product.

7.3. The Consumer may also exercise the right of withdrawal in the period between the date of concluding the contract and the day the product is received.

7.4. The cost of returning the goods is borne by the Consumer; the business does not undertake to bear this cost.

7.5. If the right of withdrawal is exercised, no other cost apart from the cost of returning the goods is borne by the Consumer.

7.6. The Consumer does not have a right of withdrawal with regard to non-off-the-shelf products which were produced based on the instruction or at the explicit request of the Consumer or products which were expressly custom-made for the Consumer.

7.7. Furthermore, the Consumer may not exercise the right of withdrawal

  1. in the case of a contract for providing a service after the whole of the service has been performed if the business started performance with the consumer’s prior express consent and the consumer acknowledged that the right of withdrawal will cease upon the performance of the whole of the service;
  2. with regard to a product or service whose price or fee depends on the possible fluctuation of the money market which the business cannot influence during the period of time available for exercising the right of withdrawal;
  3. with regard to perishable products or products with a short shelf-life;
  4. with regard to products in sealed packaging which may not be returned for reasons of health safety or hygiene if opened after receipt;
  5. with regard to products which, due to their nature, inseparably mix with other products after receipt;
  6. in the case of a work contract where the business contacts the consumer in order to carry out urgent repair or maintenance works at the consumer’s explicit request;
  7. with regard to the purchase and sale of a copy of audio or visual recordings, and computer software in sealed packaging if the consumer has opened the packaging after receipt.

7.8. After the product has been returned or the declaration of withdrawal received, the Service Provider will reimburse the sum paid including the shipping fee to the Consumer in accordance with the above legislation without delay but within 14 days at most.

7.9. The Service Provider will make the reimbursement using the same means of payment as used for the initial transaction unless the Consumer grants explicit consent to using a different payment method. Using this means of reimbursement entails no extra cost for the Consumer.

7.10. The Consumer is obliged to send back the goods or hand them over at the Service Provider’s address without undue delay but in any event not later than 14 days of informing the Service Provider of withdrawal from the contract.

7.11. In the case of withdrawal made in writing, it is sufficient for the Consumer to send the declaration of withdrawal within 14 days.

7.12. The deadline is considered to have been met by the Consumer if the product(s) is/are sent back or handed over before the 14-day period has expired. Sending back the product(s) is deemed to have been performed in time if the Consumer dispatches the product(s) prior to the expiry of the deadline.

The customer bears the costs incurred by the return of the goods due to exercising the right of withdrawal.

7.13. The Service Provider is not obliged to reimburse to the Consumer the additional costs incurred by choosing a shipment method other than the cheapest standard shipment method offered by the Service Provider.

7.14. The Service Provider may retain the reimbursement until the goods have been received back or the Consumer has provided evidence that the goods have been sent back, whichever is the earlier.

7.15. If the Consumer wishes to exercise the right of withdrawal, the Service Provider can be notified of this through any of its contact details in writing, by phone or in person. When the notification is made in writing by post, the time of posting is considered and, when it is made by phone, the time of the phone call is considered. When sending the notification by post, the Service Provider only accepts notification sent as a registered mail item or parcel. The Consumer can send back the ordered goods to the Service Provider by post or via a courier service.

7.16. The Consumer is only liable for any diminished value of the product arising from use in excess of that required to establish its nature, characteristics and operation.

7.17. Government Decree 45/2014 of 26 February 2014 on the Detailed Rules of Contracts Concluded between Consumers and Businesses is accessible here.

7.18. Directive 2011/83/EU of the European Parliament and of the Council is accessible here.

7.19. The Consumer may contact the Service Provider with any other complaint as well at the contact details given in these Regulations.

7.20. The right of withdrawal is only due to users classified as consumers in accordance with the Civil Code.

7.21. If several products are purchased and their delivery time differs, the customer may exercise his or her right of withdrawal within 14 days of the receipt of the product that was supplied last or, with products consisting of several items or pieces, of the item or piece delivered last.

  1. Guarantee, warranty

Lack of conformity

8.1. Lack of conformity means when the service at the time of performance does not comply with the quality requirements laid down in the contract or stipulated by law. The obligor is not liable for any lack of conformity if, at the time of the conclusion of the contract, the obligee knew or should have known the lack of conformity.

8.2. Any clause of a contract between a consumer and a business which derogates from the provisions of this section on warranties and guarantees to the detriment of the consumer will be null and void.

  1. Implied warranty

9.1. In the event of the Service Provider’s lack of conformity, the User may enforce a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.

9.2. The User may submit a warranty claim of his or her choice from the options below. The user may choose repair or replacement unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the obligor as compared to the alternative remedy. If the User did not or could not ask for repair or replacement, he or she may ask for a commensurate reduction in the consideration, repair the defect himself or herself or have it repaired at the obligor’s expense or, as a last resort, withdraw from the contract. The User is entitled to switch from the chosen warranty right to another. The cost of switchover must be covered by the User unless it was made necessary by the Service Provider’s conduct or for other reasons.

9.3. The User is obliged to inform the Service Provider of the lack of conformity immediately after detecting it but within two months of detecting it at the latest. At the same time, please note that you will not be able to enforce warranty claims after the expiry of the limitation period of two years from the performance of the contract.

9.4. The User may enforce his or her warranty claims against the Service Provider.

9.5. Within six months of performance, there is no other condition to enforce the warranty claim apart from communicating the defect if the User proves that the product or service was offered by the business operating the webshop. After the expiry of six months from the time of performance, however, the User is obliged to prove that the defect detected by the User was already present at the time of performance.

  1. Product warranty

10.1. If a moveable property (product) has a defect, the User, at his or her discretion, may choose to enforce an implied warranty or product warranty claim.

10.2. As a product warranty claim, the User may only request the repair or replacement of the defective product.

10.3. A product is deemed defective if it does not meet the quality requirements in effect at the time it was placed on the market, or it does not meet the specifications provided by the manufacturer in the description.

10.4. The User may enforce a product warranty claim within two years of the product being placed on the market by the manufacturer. After this period has elapsed, the User loses this right.

10.5. A product warranty claim may only be enforced against the manufacturer or distributor of the moveable property. When a product warranty claim is enforced, the product’s defect must be proved by the User.

10.6. The manufacturer (distributor) will only be relieved of its product warranty obligation if it can prove that

– it manufactured or placed the product on the market in the course of operations other than in the course of its business activity;

– the state of scientific and technical knowledge at the time when the product was put into circulation was not such as to enable the existence of a defect to be discovered; or

– the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.

It is sufficient for the manufacturer (distributor) to prove one of the above to be relieved of its obligation.

Please note that for the same defect an implied warranty and a product warranty claim may not be enforced in parallel simultaneously. However, if your product warranty claim has been successfully enforced, you can enforce your implied warranty claim for the replaced product or repaired part against the manufacturer.

Guarantee

10.7. The Service Provider may undertake different guarantees dependent on the types of goods offered for sale. The different guarantee period or condition is indicated next to the goods.

10.8. In the case of lack of conformity, pursuant to Government Decree 151/2003 of 22 September 2003 on Mandatory Guarantees Concerning Certain Consumer Durables, the Service Provider is obliged to provide a guarantee if the user is classified as a consumer.

10.9. The period of guarantee is one year. The guarantee period starts on the day the consumer good is handed over to the consumer or, if a product is put into service by the distributor or its agent, on the day of putting into service.

Based on the guarantee claim, the obligee at his or her discretion

i. may request repair or replacement unless compliance with the selected guarantee right is impossible or it results in disproportionate expenses on the part of the obligor as compared to compliance with an alternative guarantee claim taking into account the value the service would have with full conformity, the severity of the breach of contract and the detriment caused to the obligee upon compliance with the guarantee right; or

ii. may ask for a commensurate reduction in the consideration, repair the defect himself or herself, or have it repaired at the obligor’s expense, or withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfil that obligation, or if repair or replacement no longer serves the obligee’s interest.

The obligee may not withdraw from the contract if the defect is minor.

Any repair or replacement must be completed within a reasonable time and without any significant inconvenience to the obligee, taking account of the nature of the goods and the purpose for which the obligee required the thing.

10.10. The Service Provider will only be relieved of its guarantee obligation if it can prove that the cause of the defect arose after performance. Please note that for the same defect an implied warranty and a guarantee claim or a product warranty and a guarantee claim may not be enforced in parallel simultaneously. Otherwise the consumer has the rights arising from the guarantee irrespective of the rights described in the section on product and implied warranty.

10.11. The Service Provider does not have to provide a guarantee beyond the guarantee period (expected shelf-life) for damages caused by ordinary wear and tear or obsolescence.

10.12. Furthermore, the Service Provider does not have to provide a warranty or guarantee for damages caused by incorrect or careless handling after the risk has been passed, excessive use, impacts other than those specified or other use contrary to the intended purpose.

10.13. If the consumer enforces a claim for replacement due to a defect in the consumer good within three working days of the purchase (putting into service), the Service Provider is obliged to exchange the consumer good provided that the defect hinders intended use.

  1. Procedure for enforcing a warranty claim

11.1. In a contract concluded between a consumer and a business, the agreement of the parties may not deviate from the provisions of the law to the consumer’s detriment.

11.2. The consumer is obliged to prove that the contract has been concluded (with an invoice or receipt).

11.3. The costs related to meeting the warranty obligation will be borne by the Service Provider (Civil Code, Section 6:166).

11.4. The Service Provider is obliged to record any warranty or guarantee claims the consumer reports to the Service Provider.

11.5. A copy of the record must be made available to the consumer immediately in a verifiable manner.

11.6. If the Service Provider is unable to make a statement about being able to comply with the consumer’s warranty or guarantee claims, the Service Provider is obliged to notify the consumer of its position, together with the reason for rejecting the claim if this is the case and the options for turning to a conciliation body, within five working days in a verifiable manner.

11.7. The Service Provider must keep the aforementioned record for three years from the date of making it and present it at the request of an inspecting authority.

11.8. The Service Provider must strive to perform the repair or replacement within fifteen days at most.

  1. Miscellaneous provisions

12.1. The Service Provider may involve partners in the performance of its obligation. The Service Provider is fully and vicariously liable for the unlawful conduct of its partners involved in performance.

12.2. If any part of these Regulations becomes invalid, unlawful or unenforceable, the validity, lawfulness or enforceability of the remaining parts will not be affected in any way.

12.3. If the Service Provider does not exercise a right granted by these Regulations, failure to exercise that right may not be regarded as relinquishing the right. A right may only be relinquished in a written statement to that effect. In the event that on one occasion the Service Provider does not strictly insist on an essential condition or stipulation of these Regulations, this does not mean that the Service Provider renounces strict compliance with the same condition or stipulation thereafter.

12.4. The Service Provider and the User will endeavour to resolve disputes by amicable means.

12.5. Shopping in the Webshop presumes that the customer is aware of and accepts the opportunities and restrictions of the internet, in particular as regards the technical features and errors that may arise.

12.6. The Service Provider may in no way be held responsible for the circumstances and facts listed below no matter what their cause:

- any data sent and/or received via the internet that does not originate from the Service Provider;
- any functional error in the online network which impedes the smooth operation of the Webshop and shopping;
- any malfunction in a transmission device in the lines of communication;
- the inappropriate functioning of software used in the process;
- the consequences of any program error, unforeseen event or technical fault in the service network.

12.7. The Service Provider excludes liability in the event of force majeure.

12.8. The Service Provider is at liberty to change the prices offered and its delivery deadlines. Changes enter into force upon publication on the website of this Webshop, but the original conditions at the time of placing the order will apply to already confirmed orders.

12.9. The Service Provider may amend these GTC and other conditions and rules of making purchases but may not do so retroactively.

12.10. In the event that the Customer infringes the rules of shopping and the service in any way, the Service Provider may declare the registration and purchase to be invalid.

  1. Complaints procedure

13.1. The aim of our Webshop is to fulfil all orders at the appropriate quality and to the full satisfaction of customers. If, nevertheless, the User has a complaint related to the contract or its performance, the complaint may be communicated by phone, e-mail or post.

Place of managing complaints: 1037 Budapest, Pomázi út 15.
Method of managing complaints: in person, by e-mail or phone
Contact details for communicating complaints:
Postal address: 1037 Budapest, Pomázi út 15.
E-mail address: motolight@motolight.hu
Telephone number: +36 (1) 239-1347

13.2. The Service Provider will review verbal complaints immediately, and remedy them where necessary. If the customer does not agree with the handling of the complaint or the immediate review of the complaint is not possible, the Service Provider will immediately make a record of the complaint and its position related to it, and give a copy of it to the customer.

13.3. The Service Provider answers written complaints within 30 days in writing. Its position rejecting a complaint must be justified. The Service Provider must keep the record of the complaint and a copy of the reply for five years and present these at the request of an inspecting authority.

13.4. Please note that, if your complaint is rejected, you may initiate a procedure at the authority or conciliation body as described below.

13.5. The Consumer may refer his or her complaint to the consumer protection authority.

Pursuant to Government Decree 387/2016 of 2 December 2016 on the Designation of the Consumer Protection Authority, the district office or the district office of the provincial capital acts in administrative cases at first instance and the Pest County Government Office has national competence at second instance. Contact details of the district offices: http://jarasinfo.gov.hu

13.6. The Consumer may refer his or her complaint to a conciliation body. For contact details see below:

Bács-Kiskun Megyei Békéltető Testület

Address: 6000 Kecskemét, Árpád krt. 4.

Telephone no.: (76) 501-525, (76) 501-500

Fax no.: (76) 501-538

Name: Mariann Mátyus

E-mail address: bkmkik@mail.datanet.hu;

Baranya Megyei Békéltető Testület

Address: 7625 Pécs, Majorossy Imre u. 36.

Postal address: 7602 Pécs, Pf. 109.

Telephone no.: (72) 507-154

Fax no.: (72) 507-152

Name: Dr József Bodnár

E-mail address: bekelteto@pbkik.hu;

Békés Megyei Békéltető Testület

Address: 5601 Békéscsaba, Penza ltp. 5.

Telephone no.: (66) 324-976, 446-354, 451-775

Fax no.: (66) 324-976

Name: Dr László Bagdi

E-mail address: bmkik@bmkik.hu;

Borsod-Abaúj-Zemplén Megyei Békéltető Testület

Address: 3525 Miskolc, Szentpáli u. 1.

Telephone no.: (46) 501-091, 501-870

Fax no.: (46) 501-099

Name: Dr Péter Tulipán

E-mail address: kalna.zsuzsa@bokik.hu;

Budapesti Békéltető Testület

Address: 1016 Budapest, Krisztina krt. 99.

Telephone no.: (1) 488-2131

Fax no.: (1) 488-2186

Name: Dr György Baranovszky

E-mail address: bekelteto.testulet@bkik.hu;

Csongrád Megyei Békéltető Testület

Address: 6721 Szeged, Párizsi krt. 8-12.

Telephone no.: (62) 554-250/118 ext.

Fax no.: (62) 426-149

Name: László Dékány, Zoltán Jerney

E-mail address: bekelteto.testulet@csmkik.hu;

Fejér Megyei Békéltető Testület

Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.

Telephone no.: (22) 510-310

Fax no.: (22) 510-312

Name: László Kirst

E-mail address: fmkik@fmkik.hu;

Győr-Moson-Sopron Megyei Békéltető Testület

Address: 9021 Győr, Szent István út 10/a.

Telephone no.: (96) 520-202; 520-217

Fax no.: (96) 520-218

Name: László Horváth

E-mail address: bekeltetotestulet@gymskik.hu;

Hajdú-Bihar Megyei Békéltető Testület

Address: 4025 Debrecen, Petőfi tér 10.

Telephone no.: (52) 500-749

Fax no.: (52) 500-720

Name: Dr Zsolt Hajnal

E-mail address: info@hbkik.hu;

Heves Megyei Békéltető Testület

Address: 3300 Eger, Faiskola út 15.

Postal address: 3301 Eger, Pf. 440.

Telephone no.: (36) 416-660/105 ext.

Fax no.: (36) 323-615

Name: Mrs Tünde Dobó Pintér

E-mail address: tunde@hkik.hu;

Jász-Nagykun-Szolnok Megyei Békéltető Testület

Address: 5000 Szolnok, Verseghy park 8.

Telephone no.: (56) 510-610

Fax no.: (56) 370-005

Name: Dr Judit Vígh Lajkó

E-mail address: kamara@jnszmkik.hu;

Komárom-Esztergom Megyei Békéltető Testület

Address: 2800 Tatabánya, Fő tér 36.

Telephone no.: (34) 513-010

Fax no.: (34) 316-259

Name: Dr György Rozsnyói

E-mail address: kemkik@kemkik.hu;

Nógrád Megyei Békéltető Testület

Address: 3100 Salgótarján, Alkotmány út 9/a

Telephone number: (32) 520-860

Fax no.: (32) 520-862

Name: Dr Erik Pongó

E-mail address: nkik@nkik.hu;

Pest Megyei Békéltető Testület

Address: 1119 Budapest, Etele út 59-61. 2. em. 240.

Telephone no.: (1) 269-0703

Fax no.: (1) 269-0703

Name: Dr. Károly Csanádi

E-mail address: pmbekelteto@pmkik.hu

Website: www.panaszrendezes.hu

Somogy Megyei Békéltető Testület

Address: 7400 Kaposvár, Anna utca 6.

Telephone no.: (82) 501-000

Fax no.: (82) 501-046

Name: Dr Ferenc Novák

E-mail address: skik@skik.hu;

Szabolcs-Szatmár-Bereg Megyei Békéltető Testület

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Telephone no.: (42) 311-544, (42) 420-180

Fax No.: (42) 311-750

Name: Dr. Katalin Balmaz Görömbei

E-mail address: bekelteto@szabkam.hu;

Tolna Megyei Békéltető Testület

Address: 7100 Szekszárd, Arany J. u. 23-25.

Telephone no.: (74) 411-661

Fax no.: (74) 411-456

Name: Tibor Mátyás

E-mail address: kamara@tmkik.hu;

Vas Megyei Békéltető Testület

Address: 9700 Szombathely, Honvéd tér 2.

Telephone no.: (94) 312-356

Fax no.: (94) 316-936

Name: Dr Zoltán Kövesdi

E-mail address: pergel.bea@vmkik.hu

Veszprém Megyei Békéltető Testület

Address: 8200 Veszprém, Budapest u. 3.

Telephone no.: (88) 429-008

Fax no.: (88) 412-150

Name: Dr László Óvári

E-mail address: vkik@veszpremikamara.hu

Zala Megyei Békéltető Testület

Address: 8900 Zalaegerszeg, Petőfi utca 24.

Telephone no.: (92) 550-513

Fax no.: (92) 550-525

Name: Dr. Csaba Koczka

E-mail address: zmbekelteto@zmkik.hu

13.7. The out-of-court settlement of consumer legal disputes falls within the remit of the conciliation body. The task of the conciliation body is to encourage agreement between the parties in order to resolve the consumer legal dispute, and, in the event that this is not successful, to make a decision in the matter in the interest of the simple, fast, effective and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body gives advice with regard to the rights and the obligations of the consumer.

13.8. In the case of a cross-border consumer legal dispute related to an online purchase or service contract, only the conciliation body associated with the Budapest Chamber of Commerce and Industry is competent to handle the procedure.

13.9. The Consumer may submit his or her complaint to the EU online dispute resolution platform. The use of the platform requires a simple registration in the system of the European Commission by clicking here. After registration and logging in, the consumer may submit a complaint on the website http://ec.europa.eu/odr.

13.10. The Service Provider is obliged to cooperate in the conciliation procedure. Within this framework, the Service Provider must send its response to the conciliation body and ensure the participation of a person authorised to reach a settlement at the hearing. If the seat or premises of the business is not registered in the county of the chamber under which the competent conciliation body for the area operates, the business’s obligation to cooperate extends to offering the option of reaching a settlement in writing in accordance with the consumer’s claim.

13.11. If the consumer does not turn to a conciliation body or the procedure yields no result, the consumer may refer the legal dispute to court for settlement. In the application initiating the action the following information must be given:

The original or a copy of the document whose content is cited as evidence must be attached to the application.

  1. Data protection

The website’s privacy policy is accessible on the following link: http://motolight.hu/m-privacy

Dated: Budapest, May 24, 2018

____________________________________________

MRS JÚLIA FARKAS SERES,

MANAGING DIRECTOR