Terms & Conditions
This General Contract Terms and Conditions (hereinafter GTC) contains the conditions of use by the user (hereinafter User) of the services available on www.dhalifort.com website (hereinafter website). The technical information necessary for the use of the website not included in this GTC are provided by the information available on the website. By using the website User acknowledges and accepts this GTC.
2. SERVICE PROVIDER
PharmaConcept Korlátolt Felelősségű Társaság
Registered office: 1094 Budapest, Angyal utca 24.
Postal address: 1094 Budapest, Angyal utca 24.
VAT number: 22769488-2-43
Contact of Hosting service provider:
postal address: 4026 Debrecen, Honvéd u. 1/A 1/1.
email address: firstname.lastname@example.org
3. OPERATION PERFORMED OVER THE WEBSITE
The distribution of food supplements is performed over this website.
The presented products can only be ordered on www.dhalifort.com. The purchase price of the products include VAT and other charges.
The prices of the products are shown in EUR. The cost of delivery is not included.
Service Provider is not subject to Code of Conduct.
4. CONDITIONS OF USE
User shall use the website exclusively on his/her own risk and accepts that Service Provider is not responsible for material and non-material damages arising during the use, beyond the liability for the breach of agreement caused intentionally, by serious negligence or criminal offence, adversely affecting life, physical safety or health.
Service Provider excludes all responsibility for the behaviour of the website users. User is fully and exclusively responsible for his/her own behaviour.
User shall ensure that during the use of the website the rights of third parties or the laws and regulations shall not be violated, neither directly nor indirectly.
Service Provider is entitled but not obliged to control the content eventually made available by User during the use of the website (e.g. comment), and regarding published contents Service Provider is entitled but not obliged to search for illegal activity and it is not responsible for such activities.
User shall provide the hardware and software environment adequate for the use of the website. User is obliged to provide for the saving and adequate storage of the programs, data records and other software on the tool used by him/her. Service Provider is not responsible for the loss, failure, the decrease in usability of these data and programs and for any resulting disadvantageous consequence. Furthermore Service Provider is not responsible for the damage or other disadvantageous consequence caused by the failure of the applied hardware or the inadequate operating environment.
User shall make his/her best effort to ensure that no virus or the use of any other program could prevent the operation of the website. Service Provider is not responsible for the damages or other disadvantageous consequence caused to User or any third party pursuant to viruses or the use of any other program.
Service Provider strives to make accessible the website and the services available through the website in the best quality obtainable, meanwhile excludes its responsibility regarding how the services on the website and available through the website meet the requirements, goals and personal preferences of the User.
User acknowledges that in case his/her behaviour violates the provisions of this GTC or the actual laws and regulations, and thereby Service Provider suffers any damage or other disadvantageous consequences, User shall reimburse the damage caused to Service provider, or shall exempt Service Provider from the disadvantageous consequences. Furthermore, User is obliged to exempt Service Provider from the payment of the amount of the damage
If User’s behaviour causes damage to a third party, and consequently the third party exercises a claim against Service Provider.
Service Provider excludes its liability for the consequences arising from all those causes that are not subject to the activities of Service Provider according to this agreement. Service Provider is not responsible for how and for what purpose the User or a third party uses the website - especially it has no liability for whether the User or a third party perform their activity according to the provisions of the relevant laws and regulations and other agreements during the use of the website.
Service Provider is not responsible for any damage caused to the User or a third party arising from the data entered by User, the User has exclusive responsibility for these damages.
Furthermore, Service Provider is not responsible for damages or disadvantageous consequences caused to User or a third party, or for a delay adversely affecting these persons, if it arises from an unavoidable reason beyond its scope (vis major). Such vis major event particularly, but not exclusively includes the followings: war, natural disaster, weather events, other political events, strike, governmental measures.
Service Provider excludes its responsibility for any damage or other disadvantageous consequence arising during the use or as a consequence of a program or application operated by a third party.
User expressly waives - to the extent provided by law - to exercise any indemnification or other claim related to this agreement against any senior officer of the Service Provider. The provisions of this paragraph authorize the senior officer of the Service Provider to directly refer to this limitation.
4.2. PROTECTION OF COPYRIGHTS AND INTELLECTUAL PROPERTY
In principal, User is entitled to use the website in any way exclusively according to the provisions of this GTC or based on the express, prior authorization of Service Provider.
The website in its entirety (text, pictures, graphical elements, etc.) is covered by copyright, therefore its copying, modifying or spreading for commercial purposes is prohibited.
The website with the related applications, software, documentation, source and object codes, graphics, text and other materials, including the naming and logo „Dhalifort” are author’s works, protected by Act No. LXXVI. of 1999 on the copyrights, on which Service Provider has an exclusive ownership and the property rights due by the copyright. These indications shall not be used, spread or published by third parties in any way without the express and prior written approval of Service Provider. Service Provider has exclusive right for the use of the domain name „Dhalifort.com”.
The website, all patents, copyright, design protection, business secret, know-how and other rights to intellectual creations and authority related to the website exclusively belong to Service Provider and remains in its exclusive property and authority, irrespective of the fact that these are recognized or registered by the laws and regulations of the country where the website is used.
User shall not take any such measure, shall not expressly behave in a way or shall not implicitly participate in any action that could violate or compromise Service Provider’s rights to intellectual creations, property rights or other rights, or by which it obtains any right related to the website.
All rights related to any reproduction, translation, modification, transformation of the website, the decompiling or cracking of its source code, and all rights related to the products derived from the website, furthermore all recent software, system, version or result - including any development or improvement of the website - are in the property of the website, with unlimited authorization, consequently these operations shall exclusively be performed with Service Provider’s permit.
5. PURCHASE OVER THE WEBSITE
5.1. ORDERING PROCESS
The website provides product presentation and online ordering possibility for the Users. You can browse on the website by using the menu “DHALIFORT ordering”.
The requested number of pieces can be specified beside the given product. In the menu “DHALIFORT ordering” you can modify the quantity to be ordered of the product that has been put into the basket, or you can cancel the given item. User can continue the purchase process by clicking on “Ordering” button.
As the next step of ordering the User shall accept payment and delivery method. User can review all the data previously given and the product to be ordered and its quantity. If he/she finds everything correct, the order can be confirmed by the “Ordering” button. User receives feedback on the website and by e-mail. In case after the registration of the order (e.g. in the confirmation sent by e-mail) User recognizes that any data is erroneous, this fact shall be notified to Service Provider immediately but at most within 24 hours.
5.2. OFFER VALIDITY, CONFIRMATION
Service Provider informs the User on confirmation within 48 hours, the basket is emptied within 48 hours. The ordering of the products is performed in the webshop and is finalized by bank transfer with the use of Barion card. The confirmation sent by e-mail contains the data entered during the purchase, the data of the order, the name(s) and price(s) of the ordered product(s), number of the order and User’s notes regarding the order.
5.3. CONCLUSION OF THE AGREEMENT
The agreement can be concluded in Hungarian and English. The submission of the order is considered as an agreement concluded by electronic means, for which the provisions of Act No CVIII. of 2001 on certain issues of electronic commerce activities and information society services shall be applied. The agreement is subject to Government Decree No 45/2014 (II.26.) on detailed rules for contracts between consumers and undertakings and observes the provisions of the Council Directive (EU) 83/2011 on consumer rights.
The agreement is concluded by the receipt of the automatic confirmation.
The agreements subject to this GTC are not to be considered as written agreements, Service Provider does not register these agreements.
During the use of the website User can correct the errors of data entry. This can be performed on a way specified on the website. Furthermore, the technical measures necessary for the conclusion of the agreement can also be found on the website.
Service Provider issues an electronic, paper-based invoice.
The paper-based invoice is sent to the client inside the package.
5.6. Method of payment
5.6.1 Transfer in advance (Barion bank transfer)
In case of transfer in advance the Service Provider does not send the package to the Client until the total purchase price of the order is received on Service Provider’s bank account. The total purchase price in every case is specified in the email to confirm the order.
5.6.2 Bank transfer
In case of bank transfer the Service provider will not send the package to the Client until the total purchase price of the order is received on Service provider’s bank account. The total purchase price in every case is specified in the email to confirm the order.
The delivery costs can be found in the table downloadable at ordering.
Delivery deadline: 1-3 working days
5.6.3 Packages not taken over
You can modify the dispatch of the package at any time.
If the Recipient purposely does not take it over (e.g. forgot to cancel it one working day before the date of dispatch, refuses to take over the ordered package, forgets to take it over, etc.), the delivery and return costs will be calculated and charged to the Client. Furthermore, any damage caused will be charged to the Client.
We can start the process of repeated dispatch of the package exclusively following the payment in advance of the price of the package.
If the damage was intentional or malicious, and a repeated order arrives to our shop from the same address, we can fulfil the request only with advanced payment and postal costs will also be charged.
If there was no intention, but other factors prevented the receipt, you are requested to notify us on one of our contacts, and we will search for a solution for managing the existing problem, acting in good faith.
If this solution still fails, we will charge the above mentioned costs and enforce it (even) on legal way if necessary.
All costs specified by us in case of damage, fraud or false and malicious order will be charged to the Client, and will be legally enforced and a procedure will be initiated at the authorities based on the available data.
Service Provider preserves the right to cancel the already confirmed order without the amount transferred and/or to refuse delivery.
6. Right of withdrawal
6.1 The process of executing the right of withdrawal
The provisions specified in this paragraph only refer to natural persons acting beyond their profession, individual job or business activity, who buy, order, receive or use a product, or are the recipients of commercial communications or offer regarding the product (hereinafter Customer).
To withdraw from the agreement without any reason within fourteen (14) days from the receipt of the product (or when more products are supplied, the last product supplied) by the User or by a third party other than the carrier assigned by User.
User exercises his/her right of withdrawal also in the period between the conclusion of the agreement and the receipt of the product.
If Customer intends to exercise his/her right of withdrawal, an express notice of withdrawal shall be sent (e.g. a letter sent by post or by electronic means) to Service Provider, using the contacts specified in Par. 1 of this GTC. For this purpose Customer can also use the notice of withdrawal sample attached to the email to confirm the order. Customer exercises his/her right of withdrawal within the deadline if he/she sends the notice of withdrawal to Service Provider before the above mentioned deadline.
User shall prove that the right of withdrawal was exercised according to provisions specified in Par. 5.
In both cases Service Provider immediately confirms the receipt of User’s notice of withdrawal by e-mail.
In case of written withdrawal it shall be considered as exercised within the deadline, if User sends his/her notice of withdrawal within 14 calendar days (even on the 14. calendar day) to Service Provider.
In case of withdrawal Customer shall send back the ordered product to the Service Provider’s address specified in Par. 1, without unjustified delay but at latest within 14 days from the communication of his/her withdrawal.
Service Provider shall use the form of payment applied for the original transaction except for the case, when Customer explicitly gives consent to an alternative form of payment; as a result of the application of such form of payment, Customer shall not be burdened with extra costs. Service Provider is entitled to retain the reimbursement until the product was not delivered back, or rather the Customer did not certify the delivery back to Service Provider; Service Provider shall apply the earlier of the two referred to hereinabove.
User can only be held liable for the deterioration of the product if it was caused by the use exceeding the application necessary for the determination of the product’s nature, properties and operation.
6.2 What are the cases when Customer is not entitled to the right of withdrawal
In case of a service agreement, after the full performance of the services, if Service Provider has started the performance based on the express, prior approval of Customer, and Customer acknowledged that he/she loses the right for termination after the full performance of the given service.
In case of a product or service that’s price or fee cannot be influenced by financial market service provider, it depends on the possible fluctuation during the withdrawal period of 14 days.
In case of such sealed package product that cannot be sent back because of health protection or hygienic reasons after it is unsealed after takeover.
In case of a product that - given its characteristics - will be combined with other products after taking over.
In case of such alcoholic drink that’s actual value depends on market fluctuation and cannot be influenced by Service Provider, and for which the price was settled by the parties at the time of conclusion of the purchase agreement, but the fulfilment of the agreement actually exceeds 30 days after the conclusion of the agreement.
In case of a work contract, where Service Provider contacts User following the express request of Customer, for the purpose to perform urgent repair or maintenance works.
In case of the purchase of sealed audio or video recordings or computer software, when the package have been unsealed after delivery by Customer.
In case of newspaper, journal or periodical, except subscription contracts.
In case of agreements concluded during public auctions.
In case of a housing agreement (except providing accommodation), service agreements concerning freight, car rental, catering or recreation, if a date or period of completion is specified in the agreement.
Pursuant to the digital data which is not supplied on a tangible medium, when Service Provider has started the performance based on the express, prior approval of Customer and contemporaneously with this approval Customer has declared to acknowledge that after the start of performance he/she loses the right of withdrawal.
7.1 Liability for defects
In case of Service Provider’s non-conforming performance User can enforce a claim of liability for defects against the enterprise, according to the provisions of Act No V. of 2013 on Civil Code.
In case of Customer’s contract the User who is considered to be a Customer can validate his/her warranty claims during the 2 years period of term of limitation for those product defaults that existed at the time of product takeover. After the term of limitation of two years User cannot validate his/her right of liability for defects.
User - at his/her option - can choose among the following claims regarding liability for defects: Can request repair or replacement, except when the product was damaged during misuse. User cannot request repair or replacement, if the product sent back to the Service Provider was incomplete, damaged, worn or torn.
User is obliged to report the failure immediately after detection, but not later than within two (2) months after the failure was detected.
User can exercise the claims of liability for defects directly against the enterprise.
In case a failure is detected within 3 days after fulfilment (i.e. delivery, receipt) it shall be presumed that the failure has already existed at the time of fulfilment, except when this presumption is incompatible with the type of the failure or the nature of the product. Service Provider can only be released from the warranty if it rebuts this presumption, i.e. proves that the failure of the product occurred after it was taken over to User. On this basis, Service Provider is not obliged to admit the objection of User, if it is adequately proven that the cause of the failure is the consequence of the misuse of the product. Meanwhile, 4 days after performance the burden of proof is changed: in case of any dispute User shall prove that the failure had been already existed at the date of performance.
7.2 Product warranty
Product warranty can only arise in case of the failure of movable goods (products). In this case the User who is considered a Customer - at his/her option - can exercise the right specified in Par. 7.1 or a product warranty.
As a claim for product warranty, User can only request the repair or replacement of the defective product.
The product is considered to be defective if it does not meet the quality requirements valid at the date of release or if it does not dispose of the characteristics determined in the specification provided by the manufacturer.
User can exercise his/her product warranty claim within two (2) years after the product was placed on the market by the manufacturer. After this deadline User loses his/her right to do so.
User can exercise his/her product warranty claim exclusively against the manufacturer or distributor of the moveable goods.
In case of exercising product warranty claim the defect of the product shall be proven by the User.
The manufacturer (distributor) can only be released from product warranty if it can prove that:
- the product was not manufactured or distributed in the scope of its business activity, or
- the failure was not recognizable at the time of release by the actual scientific and technical knowledge, or
- the defect of the product arises from the application of a legal provision or mandatory regulation of authorities.
For its release, the manufacturer (distributor) shall only prove one reason.
The liability for defect and product warranty claim cannot be exercised concurrently, in parallel for the same defect. Meanwhile, in case of successful product warranty claim, User can apply the liability for defects against the manufacturer for the replaced product or the repaired part.
Regarding the mandatory guarantee for durables the Government Decree No 151/2003. (IX. 22.) on mandatory guarantee concerning durable consumer goods shall be applied. The scope (of application) of the decree covers only the new products sold in the frame of purchase agreement concluded in the territory of Hungary that are listed in the annex of the decree.
In relation to durable consumer goods listed in the annex of the Government Decree the mandatory guarantee is one year and it starts at the date when the product is delivered to the Customer, or in case the installation is performed by the Service Provider or its agent, it is the day of installation.
The enterprise is exempted from its obligation for guarantee if it proves that the cause of the failure arose after fulfilment.
For the same failure User cannot exercise a claim for liability for defects and guarantee, or product warranty and guarantee at the same time, in parallel, while User is entitled to the rights arising from the guarantee, irrespective of the authorizations specified in Par 7.1. and 7.2.
7.4 Exercising warranty and guarantee claims
User can exercise its warranty claims through the following contacts:
Name: PharmaConcept Korlátolt Felelősségű Társaság
Postal address: 1094 Budapest, Angyal utca 24.
8. Possibilities of right enforcement
8.1 Place, time and method of complaint handling
User can submit its customer’s complaints regarding the product or Service Provider’s activity through the following contacts:
Name: PharmaConcept Korlátolt Felelősségű Társaság
Postal address: 1094 Budapest, Angyal utca 24.
Service Provider, if it has the possibility, shall immediately remedy the oral complaint. In case the immediate remedy of the oral complaint is not possible because of the type of the complaint or if User does not agree on the handling of the complaint, Service Provider takes a record on the complaint, storing it for five years together with the substantive response to the complaint.
Service provider shall deliver one copy of this record to User personally on site (in its premises) in case of oral complaint, otherwise shall proceed according the rules concerning the written complaint detailed as follows.
In case of an oral complaint communicated by phone or other electronic telecommunication services, Service Provider shall send a copy of the record at latest contemporaneously with the substantive response.
In any other case Service Provider will proceed according to the rules regarding written complaint.
The complaint registered by phone or other telecommunication means shall be marked by a specific ID by Service Provider, which will simplify the retrieval of the complaint.
Service Provider shall respond on the substance of the received written complaint within 30 days. According to this agreement the measure means posting.
In case the complaint is rejected, Service Provider informs User on the cause of the rejection.
8.2 Other possibilities of right enforcement
If any eventual customer dispute cannot be settled between Service Provider and User during negotiations with the Service Provider, User has the following possibilities of right enforcement:
Submit a complaint to the Consumer Protection Authority,
Initiation of proceeding at the Conciliation Body (the contact of the Conciliation Body with territorial jurisdiction over the registered office of Service Provider shall be specified),
Initiation of a legal proceeding.
Contact of the Conciliation Body with territorial jurisdiction over Service Provider’s registered office:
Budapesti Békéltető Testület:
Registered office: 1016 Budapest, Krisztina krt. 99./ III./ 310.
Postal address: 1253 Budapest, Pf.: 10.
Fax: 06 (1) 488 21 86 Tel: 06 (1) 488 21 31
9. Other provisions
9.1 GTC, price adjustment
Service provider can modify this GTC, the prices of the products distributed over the website and other indicated prices with a non-retrospective effect at any time, the modification enters into force after it is published on the website and it is valid only for transactions performed after the entry into force.
9.2 Technical limitations, rules concerning digital data content
The purchase over the website presumes that Customer has learned and approved the possibilities and limitations, especially the technical capacities and the arising failures. Service provider is not responsible for any malfunction
Service Provider takes all necessary and reasonable measures during the operation of servers and other devices (except the infrastructure for which Service Provider has no influence), continuously provides the IT and other protection on the adequate level. Furthermore, Service Provider takes care of the adequate placement and storage of the tools connected to digital data content and the data content itself.
The website cooperates with all regularly and widely used web browsers and operation systems and mobile tools (mobile phone, tablet).
in the Internet network that could prohibit the operation of the website and purchase.
9.3 Data Protection Policy
Data Protection Statement
The protection of personal data provided by our clients and the provision of visitors’ right of informational self-determination are very important for us. We manage the personal data of visitors confidentially, according to the laws and regulations, we provide for the safety of these data and we do our best for providing the necessary technical conditions.
At registration we request only data necessary for ordering and entry. We do not send any unsolicited /spam/ letters at any time to our clients. Moreover, our registered clients receive only the letters necessary for registration and order. Your registration and all your personal data will be deleted upon written request.
Sample: Declaration of rescission/termination
(fill in and return only if the rescission form/termination of the contract is intended)
Recipient: PharmaConcept Korlátolt Felelősségű Társaság
Undersigned hereby declare that we make us of our rights of rescission/termination with regards to the contracts providing the products/services as follows:
Time of the establishment of the contract/delivery:5
Name of the consumer(s):
Addresses of consumer(s):
Signature of consumer(s)(only in case of a declaration in paper form):