Terms & Conditions

Introduction

Please read these General Terms and Conditions carefully if you intend to be a customer or active user of the services offered by our web store. Use our services only if you agree with all points and consider them binding for yourself.

The acceptance of the Terms and Conditions by the Customer is a prerequisite for using the Web Store’s services. Acceptance is considered valid if the Customer uses the service or checks the box designated for this purpose during the purchase process.

This agreement is concluded exclusively in electronic form. The agreement governed by the terms below is considered a distance contract under the Civil Code.

The Operator

• Company Name: Viblance Hungary Kft.
• Registered Address: 2535 Mogyorósbánya Kastély köz 3.
• Office Address: Viblance Hungary Kft., 1044 Budapest Váci út 40, Building 9.
• Tax Number: 23845448-2-11
• Company Registration Number: 11-09-020131
• Language of the Contract: Hungarian
• Electronic Contact: hi@viblance.com
• Phone Number: +36 30 787 1801
• Bank Account Number: 11701004-25968806
• Data Management Registration Number: NAIH-126721/2017
• Registry Court: TATABÁNYA COURT OF REGISTRATION
• Hosting Provider Address and Email: Hetzner Online GmbH (CEO: Martin Hetzner). Registration Office: HRB 6089 VAT Reg. No.: DE812871812. Industriestr. 25, 91710 Gunzenhausen Germany Tel.: +49 9831 505-0 info@hetzner.com

The Operator of the Web Store is referred to as Operator hereinafter.

The Customer

The Customer is a natural or legal person who uses the Web Store’s services by registering on its online platform and placing orders through it. Hereinafter, the Customer is referred to as Customer.

The Supplier

The Operator handles deliveries of orders via contracted partners who provide courier services. The products ordered through the Web Store are delivered at the prices listed and within the deadlines indicated in the order confirmation.

Available Products and Services

The Terms and Conditions apply to:

• All “electronic commercial services” provided by the Operator through the Web Store to Customers;
• The rights and obligations of the Operator and Customer;
• Every essential element of the Web Store’s operation.

The Terms and Conditions, along with any amendments, remain valid from their publication until their withdrawal or until the next modification of the Terms and Conditions.

Products displayed in the Web Store can only be purchased online, and personal purchases are not available directly from the Operator. The Operator provides detailed information on each product, including the name, description, and photographs of the products. Images may differ from reality in some cases and may serve only as illustrations.

The Customer can browse through product categories in the Web Store. Each listed product includes a brief description, price, and other attributes. For more detailed information, click on the product image or name, which will redirect to the product’s page for further details.

Ordering Information

Registration Requirements:

• Password
• Name
• Valid email address

Required Information for Orders:

• Delivery address
• Billing address
• Phone number
• Delivery method

Payment Methods

Orders can only be placed electronically through the Web Store at viblance.com. The Operator does not accept orders submitted in other formats.

The displayed prices for the products include VAT but do not cover delivery fees.

In the event of a price error, despite the Operator’s diligence—especially if it is due to a clear typo, an extreme deviation from the usual market value, or a system error—the Operator is not obliged to deliver the ordered product at the erroneous price. The Customer will be notified, and the correct price will be offered. If the Customer does not wish to proceed with the corrected price, they are entitled to unilaterally cancel the contract.

The displayed prices are not considered a direct offer. The Operator accepts no responsibility for any damages arising from typos or other errors.

If a promotional price is introduced, the Operator will fully inform users about the duration of the promotion.

Products displayed in the Web Store can only be ordered online with delivery by courier.

Registration

Upon registering with the Web Store and providing the necessary information, the Customer can technically place orders and purchase products. Customers can freely browse and add products to their cart without logging in, but they must log in to finalize their order, which requires prior registration.

The registration system sends a confirmation email. The Customer is responsible for keeping their password confidential. If unauthorized individuals gain access to the Customer’s information through correct login details, the Operator is not liable for any resulting damages or disadvantages. By providing an email address, users agree to receive technical notifications from the Operator. The Operator will delete registered data upon request. For security reasons, deletion requests must be confirmed by the user via email to prevent intentional or accidental deletion by third parties. Registration is identified by the email address, and one email address can only be registered once.

The registration does not entail any obligations.

Order Process

By clicking the “Add to Cart” button, the Customer can place a product in their shopping cart.

Products can be placed in the cart without logging in, but placing an order requires the Customer to log in, which requires prior registration.

Customers can review and edit their cart’s contents using the “Cart” menu or icon. This is where they can view and modify the contents, choose the appropriate payment and delivery method, or empty the cart entirely and continue shopping by clicking “Continue Shopping.” By clicking the “Checkout” button, the Customer finalizes the order.

Once the order is finalized, the system sends an automatic confirmation email to the provided email address, including the order details. If the Customer does not receive a confirmation email, they should check their spam folder, and if it’s not there, contact the Operator. The confirmation email typically arrives within a few minutes but should arrive within 48 hours. If not received, the Customer is not bound by the order. The order can be freely modified or canceled before completion. Changes to the order or corrections of data entry errors can be made via phone or email.

Contracts formed through purchases made in the webshop are not considered written contracts, and they are not archived by the Operator, so they cannot be retrieved later.

The Operator does not offer partial delivery, and the courier cannot accept partial orders. The Customer must accept all items in the order or refuse the entire order.

Payment Conditions

The Customer can pay for purchased goods and services either electronically or by cash on delivery.

If cash on delivery is selected, the Customer must hand over the order’s total amount to the courier upon delivery.

For electronic payments, the Customer can pay with a credit card or a preloaded balance using the Stripe, Barion or OTP Simple payment services. Credit card payments incur no additional costs and are completely free.

As a condition of using the Barion payment system, the Customer accepts that any data provided during the purchase may be transferred to Barion Payment Zrt. (1117 Budapest, Infopark sétány 1, Building I, 5th floor), as the data controller. The purpose of the data transfer is to process payment transactions, provide customer service, confirm transactions, and monitor fraud for the protection of users.

“I acknowledge that Viblance Hungary Kft. (2535 Mogyorósbánya, Kastély köz 3.) as the data controller may transfer my personal data stored in the user database of viblance.com to the payment providers as the data processor. The data transferred includes the following: name, email address, address, phone number.”

For more information on Stripe as a data processor, the nature and purpose of the data processing performed can be viewed at: https://stripe.com/en-hu/legal/privacy-center

For more information on Stripe as a data processor, the nature and purpose of the data processing performed can be viewed at: http://simplepay.hu/vasarlo-aff.

Order Processing and Fulfillment

The Operator commits to fulfilling orders within 5 business days from receipt.

The Operator strives for continuous and prompt fulfillment of orders within the shortest possible time frame.

Order delivery is handled by logistics partners, and the Operator cannot control the exact timing of deliveries. Delivery is expected to occur within 1 to 5 business days from placing the order.

If the Customer becomes aware of any circumstances after placing the order that would prevent them from receiving the delivery within 1 to 5 business days, they can contact the Operator (through any of the contact details provided above) to delay fulfillment. If the order has already been handed over to the delivery service, the Customer may coordinate delivery timing with the delivery service’s customer service or exercise their right to withdraw from the purchase as detailed below. The delivery service will contact the Customer via email and phone before delivery, including the package number and estimated delivery time.

In case of stock shortages, if the order can be fulfilled within 5 business days from receipt, the Operator will not send a separate notification about the shortage or the delay in fulfilling the order. However, if the order is expected to take more than 5 business days to fulfill, the Operator will notify the Customer, who will have the right to withdraw from the purchase.

The Operator is not responsible for any financial or other damages caused by delayed fulfillment. The Customer acknowledges that they are not entitled to compensation or late payment penalties in case of delayed fulfillment. In case of order cancellation due to stock shortages or any reasons within the Operator’s control, the Customer is entitled to a refund of the full amount paid for the order. The Customer is not entitled to any other financial claims against the Operator in the event of a failed order, regardless of the reason.

The delivery service will attempt to deliver the ordered products twice. After two failed attempts, the Operator will cancel and invalidate the order.

Right of Withdrawal

Withdrawal Rights

Consumer Rights Information Regarding Withdrawal

According to Section 8:1, paragraph 3 of the Civil Code, only a natural person acting outside their profession, independent occupation, or business activity is considered a consumer, and therefore legal entities cannot exercise the right to withdraw without justification.

Under Government Decree 45/2014 (II.26.), Section 20, the consumer is entitled to the right of withdrawal without justification. The consumer can exercise the right of withdrawal:

1. In the case of a contract for the sale of a product:
   • From the day the consumer or a third party (other than the courier) designated by the consumer takes possession of the product,
   • In the case of multiple products, when the last product is delivered (if the delivery of different products occurs at different times).

The withdrawal period is 14 days. The Customer may also exercise the right of withdrawal between the conclusion of the contract and the receipt of the product.

For written withdrawal, it is sufficient to send the withdrawal statement within the 14-day period.

The terms detailed in this section do not affect the consumer’s right to withdraw between the conclusion of the contract and the receipt of the product.

If the contract was concluded based on an offer made by the consumer, the consumer has the right to withdraw the offer before the contract is concluded, which terminates the binding effect of the offer to conclude the contract.

Withdrawal Statement and the Exercise of the Consumer’s Right of Withdrawal or Cancellation

The consumer may exercise the right to withdraw under Government Decree 45/2014 (II.26.), Section 20, either through a clear statement or by using the withdrawal form available on the website.

You can download the withdrawal form via the following link:

Withdrawal Statement

Validity of the Consumer’s Withdrawal Statement

The withdrawal is deemed to have been made within the deadline if the consumer sends the statement before the 14-day period expires.

It is the consumer’s responsibility to prove that the right of withdrawal has been exercised in accordance with these provisions.

The Operator is required to immediately confirm the receipt of the consumer’s withdrawal statement via electronic means, provided that the right to withdraw is also ensured on the website.

Operator’s Obligations in Case of Consumer Withdrawal

Operator’s Refund Obligation

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II.26.), the Operator must refund the full amount paid by the consumer, including any costs incurred in connection with the performance (such as delivery fees), within 14 days of becoming aware of the withdrawal. Please note that this provision does not apply to additional costs resulting from the consumer’s choice of a delivery method that differs from the least expensive standard delivery method.

Refund Method

In the case of withdrawal or cancellation as per Section 22 of Government Decree 45/2014 (II.26.), the Operator will refund the amount owed to the consumer using the same payment method used by the consumer. The Operator may use another payment method for the refund, but this cannot incur any additional costs for the consumer. The Operator is not responsible for any delays caused by incorrect or incomplete bank account details or postal addresses provided by the consumer.

Extra Costs

If the consumer chooses a delivery method other than the least expensive standard delivery method, the Operator is not required to refund the extra costs. In this case, the Operator is only obligated to refund the standard delivery fee.

Right of Retention

The Operator may withhold the refund until the consumer has returned the product or provided proof of having returned it beyond doubt, whichever occurs first. The Operator will not accept packages sent with cash on delivery or postage due.

Consumer’s Obligations in Case of Withdrawal

Returning the Product

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the consumer must return the product to the Operator without undue delay, but no later than 14 days after notifying the Operator of the withdrawal. The return is considered timely if the consumer sends the product before the 14-day deadline expires.

Costs of Returning the Product

The consumer bears the direct cost of returning the product. The product must be returned to the Operator’s address. If the consumer terminates a contract for services outside of business premises or for distance contracts after the commencement of performance, the consumer is responsible for paying the proportionate fee for services already performed up to the point of termination. The amount payable by the consumer is determined based on the full price of the service agreed upon in the contract, including taxes. If the consumer proves that the total price is excessive, the proportionate amount should be calculated based on the market value of the services performed up to the time of contract termination. Please note that the Operator will not accept products sent back via cash on delivery or with unpaid postage.

Consumer’s Liability for Decreased Value

The consumer is only liable for the diminished value of the product if the product was used beyond what is necessary to determine its nature, characteristics, and functionality.

Cases Where the Right of Withdrawal Cannot Be Exercised

The Operator explicitly informs the Customer that the right of withdrawal cannot be exercised in the following cases, as stated in Section 29 (1) of Government Decree 45/2014 (II.26.):

1. For service contracts after the service has been fully performed, if the performance began with the consumer’s prior express consent and acknowledgment that they would lose the right of withdrawal once the contract was fully performed.
2. For products or services where the price or fee depends on fluctuations in the financial market, which the business cannot influence and which may occur during the withdrawal period.
3. For products that are not prefabricated and have been produced based on the consumer’s instructions or at the consumer’s specific request, or for products that are clearly tailored to the consumer.
4. For products that are perishable or have a short shelf life.
5. For sealed products that, for health protection or hygiene reasons, are not suitable for return after being unsealed following delivery.
6. For products that, due to their nature, after delivery are inseparably mixed with other items.
7. For alcoholic beverages whose actual value depends on market fluctuations that the business cannot control, and the price of which was agreed upon at the time of the contract, but delivery can only take place after 30 days.
8. For contracts where the consumer has specifically requested the business to carry out urgent repairs or maintenance work at the consumer’s premises.
9. For sealed audio or video recordings, or computer software that has been unsealed after delivery.
10. For newspapers, periodicals, and magazines, except for subscription contracts.
11. For contracts concluded at a public auction.
12. For contracts for the provision of accommodation services (excluding residential services), transportation of goods, car rental, catering, or leisure activities if the contract specifies a specific date or period for performance.
13. For digital content not provided on a tangible medium, if the performance has begun with the consumer’s prior express consent and acknowledgment that they would lose the right of withdrawal once the performance began.

Shipping Costs

The shipping costs are calculated based on the following factors:

• There is no difference in the shipping fee for domestic addresses.
• For foreign addresses, the shipping fee varies by country, and in some countries, shipping services may not be available.
• The shipping fee differs based on the courier service chosen.
• There may be different rates for home delivery versus delivery to a pick-up point.
• The weight of the package does not affect the shipping fee.
• Shipping within the country is free if the total order value exceeds the free shipping limit displayed at checkout.

When using a coupon, the final order total must exceed the free shipping limit after applying the coupon to qualify for free shipping.

For up-to-date information on the fees associated with each shipping option, please check the checkout page by selecting the desired option.

Data Protection

The Operator processes the personal data provided during registration in accordance with Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information. Accordingly, personal data provided during registration is processed based on the Customer’s voluntary, informed, and explicit consent (legal basis for data processing).

The Operator uses the data exclusively for fulfilling orders related to the use of the Web Store and, with the Customer’s explicit consent, for sending promotional materials, advertisements, and newsletters (purposes of data processing).

The Operator does not transfer the Customer’s personal data to third parties, except for the courier service and Barion payment service provider.

The Customer acknowledges that providing data is voluntary and that consent is given for an indefinite period, but it can be withdrawn in writing at any time. Despite using the most up-to-date technology and exercising the utmost care in data management, the Operator cannot guarantee that unauthorized access to the data stored online can be entirely prevented.

By clicking the “Register” button, the Customer unconditionally and irrevocably declares that they have read, understood, and accepted the Terms and Conditions and the Privacy Policy, and they acknowledge it as binding.

While browsing the Web Store, technical information (such as IP addresses and visit duration) is recorded for statistical purposes. The Operator only provides this data to authorities in legally justified and substantiated cases. To use the services, cookies must be enabled. If you do not wish to enable cookies, you can disable them in your browser settings. However, disabling cookies may result in limited or incomplete access to certain services. No personal data is stored in the cookies. The Operator uses the data recorded during the ordering process exclusively for fulfilling the order. The invoice data generated from orders placed via the Web Store is recorded and stored for the duration specified by applicable accounting laws. The data provided during browsing or registration, and the email address used for newsletter subscriptions, are handled confidentially by the Operator, and the Customer can request to unsubscribe through any of the provided contact details.

Modification of the Terms and Conditions

The Operator reserves the right to unilaterally modify the Terms and Conditions at any time.

The new, modified Terms and Conditions will come into effect when the Operator publishes them on the website, www.viblance.com. In the case of significant changes to the Terms and Conditions, the Operator will provide notification on the website about the modification. The notification will include the effective date of the modification and a link to the modified Terms and Conditions. The Customer will explicitly accept the modified Terms and Conditions during the next order made on the website after the modification takes effect.

The Operator will fulfill orders based on the Terms and Conditions in effect at the time the order was placed. Any modifications to the Terms and Conditions will not affect orders placed before the modification.

Termination of the Contract

The Customer may request the termination of the contract at any time, which the Operator will acknowledge after verifying the Customer’s identity. The Customer’s access to the Web Store will be revoked, and their registration will be deleted. The Operator reserves the right to unilaterally terminate the contract if the Customer does not comply with the provisions of the Terms and Conditions.

Liability

The Customer is fully responsible for any order or transaction made using their password. Therefore, the Customer must ensure the confidentiality of their password. The Customer is not liable if their password is obtained by unauthorized individuals through no fault of their own.

Warranty of Goods and Services, Product Warranty, and Guarantee

This consumer information is prepared in accordance with Section 9, paragraph (3) of Government Decree 45/2014 (II.26.) and Government Decree 3 on the application of the annex to Government Decree 45/2014 (II.26.).

Warranty of Goods

In what cases can the Customer exercise their right to a warranty claim?

The Customer may assert a warranty claim against the Operator in the case of defective performance by the Operator, in accordance with the rules of the Civil Code.

What rights does the Customer have under the warranty?

The Customer has the following options under the warranty:

• Request a repair or replacement, unless fulfilling the Customer’s chosen option would be impossible or would result in disproportionate additional costs for the Operator compared to other remedies.
• If repair or replacement is not possible, the Customer may request a proportional price reduction or, at their own expense, repair the defect themselves or have it repaired by someone else, or— as a last resort—withdraw from the contract.

The Customer may switch from one warranty right to another, but the cost of doing so must be borne by the Customer unless justified or the Operator gave a reason for it.

What is the deadline for enforcing a warranty claim?

The Customer must notify the Operator of the defect as soon as possible after discovering it but no later than within two months. However, it should be noted that the Customer’s right to a warranty claim expires two years after the date of performance.

If the contract between the consumer and the business involves a used item, the parties may agree on a shorter warranty period, but it cannot be less than one year.

Against whom can the Customer assert a warranty claim?

The Customer may assert their warranty claim against the Operator.

What additional conditions apply to the exercise of warranty rights?

Within six months of performance, the exercise of the warranty right is subject to the sole condition that the Customer proves that the product or service was provided by the Operator. After six months, however, the Customer must prove that the defect existed at the time of performance.

For used goods, the rules for warranty and guarantee rights differ from the general rules. While defective performance may still be claimed, the specific conditions related to the product’s prior use must be considered. It cannot be assumed that a used product will possess the same quality as a new one. As such, the Customer can only enforce warranty claims for defects beyond those reasonably expected due to wear and tear. If the Customer was informed of the defect at the time of purchase, the Operator is not responsible for that defect.

Product Warranty

When can the Customer exercise their product warranty rights?

In the case of defects in movable property (products), the Customer may choose to assert a warranty claim or a product warranty claim.

What rights does the Customer have under the product warranty?

Under a product warranty claim, the Customer may only request the repair or replacement of the defective product.

When is the product considered defective?

The product is defective if it does not meet the quality requirements in force at the time of sale or if it lacks the features listed in the manufacturer’s description.

What is the deadline for enforcing a product warranty claim?

The Customer must assert their product warranty claim within two years of the product being placed on the market by the manufacturer. After this period, the Customer loses this right.

Against whom can the Customer assert a product warranty claim?

The Customer can assert their product warranty claim against the manufacturer or distributor of the movable property. The Customer must prove the product’s defect when asserting the product warranty claim.

Under what conditions is the manufacturer (distributor) exempt from product warranty obligations?

The manufacturer (distributor) is only exempt from product warranty obligations if they can prove that:

• The product was not manufactured or distributed within the scope of their business.
• The defect could not have been recognized at the time of market release based on the state of science and technology.
• The defect was caused by the application of a mandatory legal or regulatory provision.

It is sufficient for the manufacturer (distributor) to prove one of these reasons.

The Customer may not assert both a warranty claim and a product warranty claim for the same defect simultaneously. However, if the product warranty claim is successful, the Customer may assert a warranty claim against the manufacturer for the repaired or replaced product.

Guarantee

When can the Customer exercise their guarantee rights?

In the case of defective performance, the Operator is obligated to provide a guarantee for certain durable goods under Government Decree 151/2003 (IX.22.).

The law mandates a guarantee for certain durable consumer goods (e.g., technical items, tools, machines) and their parts if the purchase price exceeds 10,000 HUF.

What rights does the Customer have under the guarantee, and what is the deadline?

The cases requiring a mandatory guarantee are defined by Government Decree 151/2003 (IX.22.). The Operator does not provide guarantees for products not covered by this regulation. Guarantee claims can be enforced during the guarantee period. If the Operator fails to fulfill the Customer’s guarantee request within the specified timeframe, the Customer has three months to file a claim in court, even if the guarantee period has expired. Failure to meet this deadline results in the loss of guarantee rights. Guarantee claims are subject to the same rules as warranty claims. The guarantee period is one year. This period begins when the product is delivered to the Customer or, if installation is required, on the date of installation.

For any claims beyond one year, the Customer should contact the manufacturer.

What is the relationship between the guarantee and other warranty rights?

The guarantee does not affect the Customer’s statutory warranty rights (warranty and product warranty). The main difference is that under the guarantee, the burden of proof is more favorable for the consumer.

Under Government Decree 151/2003, the Operator is required to repair products that are installed and weigh over 10 kg or cannot be transported by public transport. If repairs cannot be carried out on-site, the Operator must arrange for the disassembly, reinstallation, and transportation of the product.

During the mandatory guarantee period, the Operator’s obligations cannot be more restrictive than those provided by law. However, after the one-year period, the conditions of any voluntary guarantees may be set freely, but these guarantees cannot affect the consumer’s statutory rights.

Three-Day Replacement Right

Even when purchasing through the Web Store, the three-day replacement right applies. The replacement right can be exercised for durable consumer goods covered by Government Decree 151/2003 (IX.22.). If the Customer asserts their replacement right within three working days, the Operator must assume that the product was defective at the time of sale and must replace it without further conditions.

Exemption from Guarantee Obligations

The Operator is exempt from guarantee obligations only if it proves that the defect occurred after the product was delivered.

The Customer cannot assert both warranty and guarantee claims, or product warranty and guarantee claims, for the same defect. However, guarantee rights can be exercised independently of the warranty rights.

Complaint Handling

The Customer may submit consumer complaints related to the product or the Operator’s activities at the following contact details:

• Postal address: 1044 Budapest Váci út 40. 9. building
• Phone number: +36 30 787 18 01
• Email: hi@viblance.com

For complaints submitted by phone, the Operator will record the complaint in writing and send a copy to the Customer. The Operator will then handle the complaint according to the provisions of the written complaints section.

The Operator will assign a unique identifier to telephone complaints, which will help track the complaint. The Operator must provide this identifier to the Customer.

The Operator will investigate and respond to written complaints within 30 days of receipt, ensuring the Customer receives the response. If the Operator rejects the complaint, it must provide reasons for the rejection.

The Operator must retain the complaint record and a copy of the response for five years.

Other Legal Remedies

If a consumer dispute between the Operator and the Customer cannot be resolved through negotiations, the Customer may pursue the following legal remedies:

• Submit a complaint to consumer protection authorities. If the Customer believes their consumer rights have been violated, they can file a complaint with the consumer protection authority in their area.
• Initiate proceedings with a conciliation body. The Customer may seek to resolve the dispute through a conciliation body for consumer disputes regarding the quality, safety, or liability of products, or the conclusion and performance of contracts. Conciliation bodies are available in various regions and the Operator’s registered office region.

The Operator is obligated to cooperate in conciliation body procedures. This includes providing a written response to the Customer’s complaint.

Online Dispute Resolution Platform

The European Commission has developed an online dispute resolution platform to facilitate out-of-court resolution of consumer disputes arising from online purchases within the EU.

Customers may submit a complaint through the platform by registering and completing an application at the following link:

EU Online Dispute Resolution Platform

Judicial Procedures

The Customer has the right to enforce their claims arising from consumer disputes before a court. Judicial procedures are governed by Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure.