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General Terms and Conditions of Delivery

The following terms and conditions apply to all transactions in which Oros-Handel Bt. (registered office: Orosháza, Gyártelep utca 2; representative: Viktor Gál; tax number: 21418000-2-04) sells goods or provides services, and the transaction is not contrary to a written contract concluded between the parties. Where the parties have concluded a written contract for the transaction, these General Terms and Conditions of Delivery shall apply only to the extent that the parties have not regulated the transaction differently in that contract.

1. Formation of the Delivery Contract

Oros-Handel Bt. is not bound by the offers given in its product descriptions and brochures with regard to price, quantity, delivery deadlines or delivery options; these may change based on changes in the delivery terms of Oros-Handel Bt.'s suppliers.

Orders may be placed in writing (fax, letter, e-mail) or verbally by telephone. In certain cases, Oros-Handel Bt. may request the Buyer to confirm an order placed verbally, by telephone or electronically in writing, duly signed. The person placing the order is considered by Oros-Handel Bt. to be a fully authorised representative of the Buyer; the person placing the order warrants the lawfulness of such representation.

The contract between Oros-Handel Bt. and the Buyer is formed upon written or electronic confirmation of the Buyer's order, with the content specified in the confirmation.

Oros-Handel Bt. is entitled to unilaterally withdraw from the formed contract if facts arise that call into question the Buyer's creditworthiness or solvency (in particular, if insolvency or liquidation proceedings are initiated against the Buyer).

The Buyer is entitled to withdraw from the contract within 14 days without giving reasons. In the case of a contract concluded outside business premises or between parties at a distance for the provision of services — where performance has commenced following the declaration required by the relevant government decree — the Buyer is entitled to terminate the contract within 14 days. The withdrawal/termination period begins:

  • in the case of a product sale: on the date of receipt of the product;
  • where multiple products are delivered at different times: on the date of receipt of the last product delivered;
  • in the case of a product consisting of multiple lots or pieces: on the date of receipt of the last lot or piece delivered;
  • in the case of regular delivery: on the date of the first delivery;
  • in the case of a service contract: on the date of conclusion of the contract.

2. Delivery Deadline

Oros-Handel Bt. reserves the right to make advance and partial deliveries under each of its contracts. In the case of an advance or partial delivery, the Buyer is obliged to pay the purchase price in proportion to the delivery made.

The delivery deadline — unless the parties have agreed otherwise in writing — is a maximum of 8 days from the date of the order.

3. Acceptance – Quality and Quantity Complaints

Acceptance shall take place — in the absence of a different agreement — at the registered office of Oros-Handel Bt. at the time of delivery. The person authorised to accept the delivery is also entitled to make legal declarations in connection with the acceptance procedure.

The Buyer is obliged to inspect the goods at the time of acceptance and to immediately notify any quality or quantity defects apparent upon visual inspection, as well as to compare the received goods with the items listed on the invoice and to report any discrepancies. In the absence of a complaint, the parties consider the items listed on the invoice to have been delivered in full.

Following acceptance, the Buyer may only raise a quality complaint regarding defects that were not detectable by visual inspection (latent defects), within the mandatory warranty period applicable to the product. In the case of a latent defect, Oros-Handel Bt. shall examine whether the product meets the quality requirements specified by the manufacturer.

In the case of processing, transformation, modification or any other use of the product, Oros-Handel Bt. shall only be liable if the product did not meet the manufacturer's technical specifications at the time of acceptance. In the case of a minor defect that does not impede the intended use of the product, the Buyer is not entitled to refuse acceptance of the product or to withhold payment of the purchase price on such grounds.

4. Prices and Payment Terms

Prices listed in Oros-Handel Bt.'s price lists and other publications are for information purposes only. The consideration for the goods received or services rendered is due on the date specified in the relevant invoice and shall be settled in the manner of payment indicated therein.

A complaint relating to part of an invoice does not entitle the Buyer to withhold payment of the uncontested portion of the invoice. Unless otherwise agreed, Oros-Handel Bt. is entitled to issue the invoice upon acceptance of the goods or upon provision of the service.

Where the Buyer settles the consideration by bank transfer, payment shall be deemed completed upon the crediting of the amount to Oros-Handel Bt.'s bank account. Oros-Handel Bt. is entitled to issue an invoice for goods not collected by the Buyer despite notification, and the Buyer is obliged to settle such invoice by the specified due date regardless of the failure to collect.

Payment in instalments is only permitted with the prior written consent of Oros-Handel Bt. In the event of late payment, Oros-Handel Bt. is entitled to charge default interest, to unilaterally withdraw any payment discounts granted to the Buyer, to make all outstanding claims immediately due and payable, to unilaterally withdraw from the contract, and to enforce damages arising from the breach of contract.

5. Retention of Title

The product that is the subject of the contract remains the property of Oros-Handel Bt. until the purchase price has been paid in full.

If the product owned by Oros-Handel Bt. is joined, processed, combined or mixed with other goods by the Buyer or by a third party at the Buyer's instruction, Oros-Handel Bt. shall acquire ownership of the newly created item — without any further declaration — in proportion to the ratio of the outstanding value of the product to the value of the newly created item.

6. Liability

Unless otherwise agreed between the parties, Oros-Handel Bt. shall not be liable for damages that do not arise directly from performance; in particular, it shall not be liable for loss of profit or for any non-pecuniary damages suffered by the Buyer.

Information contained in Oros-Handel Bt.'s brochures, catalogues and other written materials is for information purposes only, does not constitute a written offer, and Oros-Handel Bt. accepts no liability for the accuracy of such information.

Oros-Handel Bt. accepts no responsibility for the suitability of the product for the Buyer's own purposes. The Buyer is obliged to verify that the product is suitable for its intended use.

7. Final Provisions

Oros-Handel Bt. publishes these General Terms and Conditions of Delivery at its commercial premises, on the company's website, and on the reverse side of invoices and order forms. Any amendments shall likewise be published; amended provisions shall apply to contracts concluded after the date of publication.

By placing an order for any product, the Buyer acknowledges that it is familiar with these General Terms and Conditions of Delivery, accepts them and undertakes to comply with them.

For any legal disputes arising from performance under these General Terms and Conditions of Delivery, the Szeged District Court or the Szeged Regional Court — depending on jurisdiction — shall have exclusive competence. Hungarian law shall govern all matters not regulated by these General Terms and Conditions of Delivery.

These General Terms and Conditions of Delivery entered into force on 26 October 2015.