Terms and Conditions

GENERAL TERMS AND CONDITIONS OF CONTRACT

1. WEB STORE, CONTRACTING PARTIES

1.1 The Web Store (“Web Store”) is operated by T.EL.L. SOFTWARE HUNGARIA Kft. (registered office: 4034 Debrecen, Vágóhíd utca 2.; company registration number: 09-09-005193; company registration court: Debrecen Court of Justice; tax number: 17783790-5-09; telephone number: +36-52/530-130, fax number: +36- 52/530-131, email address: info@tell.hu, website: www.tell.hu,) at http://openioting.hu available on its website (hereinafter referred to as the Website) and T.E.L.L. Biztonságtechnikai Rendszerek  Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered office: 4034 Debrecen, Vágóhíd utca 2.; company registration number: 09-09-027345; company registration court: Debrecen Court of Justice; tax number: 25406812-2-09; telephone number: +36-52/530-130, fax number: +36-52/530-131, email address: info@tell.hu, hereinafter referred to together as: TELL Kft.) is operated by TELL SOFTWARE HUNGARIA Kft. for the purpose of selling products manufactured by them via the internet.

1.2 Hosting provider details:

Shopify International Limited, 2nd Floor 1–2 Victoria Buildings, Haddington Road, Dublin 4 D04 XN32, Ireland

1.3 The operation of the Web Store is considered an electronic commerce service. The conditions for using the Web Store, as well as the rights and obligations of TELL Kft. and the Customers, are defined in these General Terms and Conditions (“GTC”).

2. REGISTRATION

2.1 Customers (hereinafter referred to as: Customers) can order products from the Web Store without registration.

3. PRODUCTS AND PRICES SHOWN IN THE WEB STORE

3.1 The Customer may order the products included in the current product range of the Web Store (hereinafter referred to as: Product or Products) from TELL Kft.

3.2 The Products are indicated with their essential characteristics, article number and short description.

3.3 The Products are listed with the gross price valid at the time, which is considered the final consumer price. The prices do not include the cost of delivery.

3.4 In the case of Products sold at a discount, the fact of the discount will be indicated. The original gross price will also be included in the detailed description of the Products.

3.5 TELL Kft. reserves the right to change the prices of the Products, provided that that the price change will become effective simultaneously with its appearance in the Online Store . The price change will not affect the price of Products ordered before it comes into effect.

3.6 If, despite all due care, TELL Kft. displays an incorrect price on the Web Store, especially if it is obviously incorrect, for example if the Product is well known, significantly different from the generally accepted or estimated price, possibly a system error due to a price of 0 HUF or 1 HUF, then TELL Kft. is not obliged to deliver the Product at the incorrect price, but is entitled to offer delivery at the correct price. Knowing the correct price, 14 (fourteen) days from the date of learning about the correct price Within 14 days, the Buyer may cancel his/her intention to purchase or purchase the Product.

3.7 T.EL.L. Kft. regularly updates the images of the Products in the Web Store, however, their actual appearance and packaging may differ from the packaging shown in the Web Store. TELL Kft. is not responsible for such external differences .

4. ORDERING PROCESS

4.1 The Customer may select the Products they wish to order and determine their quantity ( hereinafter referred to as: Ordered Products) using the appropriate interfaces of the Web Store. During the order process, it is possible to view and modify the contents of the basket. From the basket, by clicking on the PROCEED TO ORDER button, they can proceed to the ordering interface.

Required data for ordering:

- In case of purchase by a private individual: Delivery and billing data: name; zip code; town; street, house number. Contact details of the ordering person: name; phone number; e-mail address

- In case of purchase by a corporate end user: Shipping and billing data: company name; postal code; town; street, house number; tax number. Contact details of the ordering person: name; telephone number; e-mail address

After placing the Product in the cart, the shipping cost of the Ordered Products will appear next to the total price of the Products.

4.2 The Ordered Products can be delivered within Hungary. During the ordering process, the Customer must provide the delivery address at which he/she wishes to receive the Ordered Products. Only one delivery address can be provided per order.

4.3 The person authorized to receive the Ordered Products in connection with the delivery is: In addition to the delivery address, individual information regarding the time and method of delivery The Customer may also indicate requirements. TELL Kft. will forward these requirements to the courier service performing the delivery, but will not assume responsibility for their fulfillment.

4.4 The Buyer selects the payment method from the following options: bank card payment.

4.5 After selecting the payment method, the Buyer finalizes his order by confirming the order (“Order”). Before confirming the order, the Buyer can check the price of the Product he wants to purchase, its shipping cost, as well as the shipping and billing information once again , and correct them if any errors are detected. If the Buyer finds everything correct, he can send his order by pressing the “Order” button .

The prerequisite for confirming the Order is that the Customer accepts the provisions of these GTC and becomes familiar with the Data Protection Policy of TELL Kft. and acknowledges its contents.

By placing the Order, the Customer acknowledges that in order to fulfill and monitor the Contract, TELL Kft. will forward the Customer's name, the specified delivery address, the Order ID and amount, the Customer's mobile phone number and e-mail address provided during registration to the courier service.

The Customer may inform TELL Kft. of any data entry errors detected after placing the order at the e-mail address info@tell.hu , in which case the order data will be modified in accordance with the request.

4.6 TELL Kft. will immediately send a confirmation e-mail to the e-mail address provided by the Customer upon finalization of the Order. This e- mail will contain the unique identifier of the Order. If the electronic confirmation is not made within 48 hours, the Customer is not bound by his order and is not obliged to accept the delivered product.

The confirmation email also constitutes acceptance of the Order, which becomes effective as set out in sections 4.7 and 5.1. The confirmation email contains the information for Customers in text form.

4.7 If the Customer has placed the Order and received a confirmation of this by e-mail on a business day, the Customer still has the opportunity to cancel his Order on the same business day from 8:00 to 16:00. The Customer can initiate the cancellation of the Order by calling +36-52/530-130/1 , simultaneously providing the Order ID. The Customer will also receive a confirmation e-mail about the acceptance of the cancellation of the Order no later than 1 (one) hour after the phone call.

4.8 In the case of payment by bank card, the Order cannot be cancelled in accordance with point 4.7, but the buyer may exercise his right of withdrawal in accordance with point 8.

5. CREATION OF THE CONTRACT, ITS CHARACTERISTICS

5.1 If the Order has not been cancelled in accordance with Section 4.7, the written confirmation specified in Section 4.6 shall become effective and a contract ( hereinafter referred to as the Contract) shall be concluded between the Customer as the ordering party and TELL Kft. as the supplier in relation to the Ordered Products. Under the Contract, TELL Kft. shall sell the Ordered Products to the Customer and shall also arrange for their delivery to the delivery address specified by the Customer, and the Customer shall be obliged to take delivery of the Ordered Products, pay the purchase price and the delivery costs. The obligations set out in this Section shall terminate upon the performance of the given service.

5.2 The Contract is for a fixed period and shall terminate if the obligations specified in Section 5.1 and other obligations arising from the Contract cease to exist and none of the parties exercises its right of withdrawal. The Contract shall terminate if either party exercises its right of withdrawal in accordance with the provisions of the Contract . The termination or termination of the Contract shall be It does not affect warranty claims arising from a contract, product warranties, or warranty claims in cases regulated in point 10.1 .

5.3 The Buyer is obliged to pay the shipping costs of the Ordered Products in accordance with the provisions of Section 7.

5.4 The Contract is considered a distance contract concluded in Hungarian. 5.5 The Contract is not considered to be in writing and will not be filed.

5.6 General delivery deadline: within 5 working days from the confirmation. If TELL and the Customer have not agreed on the delivery date, TELL Kft. shall deliver the goods on the date or within the time specified in the Customer's notice, notice

in the absence of such, TELL Kft. is obliged to perform the contract within thirty days of the order's arrival at the latest.

5.7 If TELL Kft. fails to fulfill its contractual obligations because the product specified in the contract is not available, it is obliged to inform the Customer immediately and to refund the amount paid by the Customer immediately, but no later than within thirty days. Fulfillment of this obligation does not exempt TELL Kft. from other consequences of its breach of contract.

6. DELIVERY AND RECEIPT OF ORDERED PRODUCTS

6.1 TELL Kft. delivers the Ordered Products to the delivery address provided by the Customer using a courier service.

6.2 Every working day, by 12:00, the Orders received on the previous working day are summarized and, based on this, the Package(s) containing the Ordered Products (“Package”) is/are compiled for each Order.

6.3 The courier service will receive the prepared Package between 4:00 PM and 5:00 PM at TELL Kft. and will attempt to deliver the Package to the delivery address provided by the Customer on the business day following the day of receipt. If the Customer has chosen to receive the Package at the Service Provider's registered office , the Package can be received after the purchase price of the Product has been credited to the Supplier's account .

6.4 In the case of home delivery, in addition to the person designated as the recipient , relatives living in the same household as the person designated as the recipient are also entitled to receive the Package, and in their absence, the neighbors of the person designated as the recipient are also entitled to receive it. If the name of a company is indicated at the delivery address , then in addition to the company's executive officer, other authorized recipients are also entitled to receive the Package. A person residing at the company's registered office or premises who can prove the fact of receipt by signing and using the company stamp is considered a recipient.

6.5 During home delivery, the courier service will attempt to deliver the Package a maximum of two times. If the Package fails to deliver the second time, the Package will be returned to TELL Kft. TELL Kft. will charge the Customer for the return shipping fee. In this case, the Customer can request the Repeated delivery of the Package. T.EL.L. Kft. will only initiate the repeated delivery of the Package after payment of the return shipping fee. Following the unsuccessful delivery of the Package, TELL Kft. is entitled to withdraw from the Contract at its discretion.

7. PAYMENT FOR ORDERED PRODUCTS

7.1 The Buyer may pay the purchase price of the Ordered Products and the shipping costs by online bank card payment.

Delivery is valid only within Hungary.

7.2 Online Bank Card Payment allows the Customer to shop conveniently and securely in our store. After ordering the selected Products, the Customer will be redirected to the Stripe payment page, where they can pay with their bank card through the most secure, encrypted transaction currently available. All the Customer has to do is select "Bank Card Payment" when selecting the payment method. click, then enter the card number, expiration date and the verification code (CVC/CVV) on the Bank's payment server. The Bank accepts embossed VISA and Mastercard, Visa Electron (depending on the decision of the issuing bank), and Maestro cards with a verification code (CVC) If your Maestro bank card does not have this, please contact your bank.

We can only accept bank cards issued exclusively for electronic use if their use is permitted by the bank that issued the card! Please check with your bank whether your card can be used for purchases made via the internet.

8. BUYER'S STATEMENT

8.1 The Customer, who is a consumer pursuant to Section 8(3)(1) of the Civil Code, has the right to withdraw from the Contract within 14 (fourteen) days of receipt of the Package, without giving any reason. The right of withdrawal of the Customer, who is not a consumer, is governed by the provisions of the Civil Code.

8.2 However, withdrawal without justification is not possible in the following cases, pursuant to Section 29 of Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses : 

1. b) in respect of a product or service whose price or fee is financial market cannot be influenced by the undertaking, as defined in Section 20(2) depends on its possible fluctuations even within a specified time frame; 

2. c) in the case of a non-prefabricated product which has been manufactured on the instructions or at the express request of the consumer, or in the case of a product which which is clearly tailored to the consumer; 

3. i) in respect of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;

4. m) with regard to digital content provided on a non-tangible medium, if the business has started the process with the consumer's express prior consent performance, and the consumer has simultaneously declared his consent to it acknowledges that after the commencement of performance, he/she will lose his/her right under Section 20.

8.3 If the Customer withdraws from the Contract in accordance with point 8.1, the Ordered Product must be repackaged in an undamaged and complete condition and returned to 4032 Debrecen, Vágóhíd utca 2. In addition to returning the Product by post, TELL Kft. also provides the option for the Customer to return the repackaged Ordered Product in person at the registered office of TELL Kft. (4032 Debrecen, Vágóhíd utca 2.).

8.4 The Buyer may exercise his right of withdrawal in writing, in the form of a declaration of withdrawal. Therefore The Customer must enclose the declaration of withdrawal with the return of the Ordered Product in accordance with point 8.3 . The Customer may also send the declaration of withdrawal directly to TELL Kft. by e-mail to the e-mail address termekrendeles@tell.hu, in which case it is not necessary to enclose the declaration of withdrawal with the Ordered Product. The declaration of withdrawal must indicate in which Ordered Product the Customer wishes to exercise his right of withdrawal, and must also indicate his name, address, the date of the Order, the date of the declaration, and the unique identifier of the Order. If the If the unique identifier of the Order is not available to the Customer, other data suitable for identifying the Order must be included in the withdrawal statement . The right of withdrawal is subject to the declaration form in accordance with Annex 2 of Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses . can also be exercised based on the Order, but in this case the unique identifier of the Order must also be indicated (or, in the absence thereof, other data suitable for identifying the Order ).

8.5 In the event of withdrawal by the Customer, the costs of returning the Ordered Products to TELL Kft. (including in particular postal charges) shall be borne by the Customer. TELL Kft. shall immediately, but at the latest upon receipt of the declaration of withdrawal and the returned product. will reimburse you by postal payment order within 14 (fourteen) days of receipt refund the purchase price and shipping costs to the Customer. TELL Kft. may withhold the refund amount until the Ordered Product is returned or the Customer has provided credible proof that it has been returned; TELL Kft. will take into account the earlier of the two dates.

8.6 If the Customer provides his bank account number, the name of the account management bank and requests a bank transfer of the paid purchase price in his withdrawal statement, TELL Kft. will refund the paid purchase price within 14 (fourteen) days of receipt of the withdrawal statement and the returned product .

9. WARRANTY OF MATERIALS, PRODUCT WARRANTY

9.1 In the event of defective performance by TELL Kft., the Customer may assert a warranty claim in accordance with the provisions of the Civil Code.

9.2 When asserting a warranty claim, the Buyer must prove the conclusion of the Contract. The conclusion of the Contract shall be deemed proven if the Buyer presents a document confirming the payment of the consideration.

9.3 TELL Kft. is obliged to record the warranty claim reported by the Customer, in which it records:

1. the Customer's name, address and declaration that he/she consents to the processing of his/her data recorded in the minutes as specified in the regulation , 

2. the name and purchase price of the Ordered Product, 

3. the date of performance of the Contract by TELL Kft., 

4. the date of the error report,

5. a description of the error, 

6. the right sought to be enforced by the Buyer based on his warranty claim, and 7. except for the case specified in point 9.8, the method of settling the warranty claim or the reason for rejecting the claim or the right sought to be enforced based on it. 

9.4 If TELL Kft. fulfills its warranty obligation in a manner different from the right the Customer wishes to assert, it shall state the reason for this in the minutes.

9.5 TELL Kft. shall provide the Customer with a copy of the minutes immediately and in a verifiable manner.

9.6 If TELL Kft. is unable to state its position on the feasibility of the Customer's warranty claim upon notification, it will notify the Customer of its position within 5 (five) working days in a verifiable manner.

9.7 TELL Kft. strives to complete the repair or replacement within a maximum of 15 (fifteen) days.

9.8 TELL Kft. will accept the Ordered Product for repair or, in the case of point 9.6, to examine the feasibility of the warranty claim, against a receipt indicating:

1. the name and address of the Buyer, 

2. the data necessary to identify the Ordered Product,

3. the date of receipt of the Ordered Product, and

4. the date when the Customer can receive the repaired Ordered Product. 

TELL Kft. may also fulfill the provisions of point 9.8 in the minutes of the warranty claim.

9.9 The Customer may - at his/her choice - make the following claims for warranty of goods. He/she may request the repair or replacement of the Ordered Product, unless the fulfillment of the claim chosen by the Customer from these is impossible or would entail disproportionate additional costs for TELL Kft. compared to the fulfillment of his/her other claim. If the Customer does not or cannot request the repair or replacement, he/she may request a proportionate reduction in the consideration or the Customer may repair the defect in the Ordered Product himself/herself or have it repaired by someone else at the expense of TELL Kft., and in the last resort , he/she may also withdraw from the contract. The Customer may also switch from the chosen warranty of goods to another , but the cost of the switch shall be borne by the Customer, unless it was justified or TELL Kft. gave a reason for it.

9.10 The Buyer is obliged to notify the defects immediately after their discovery, but no later than within 2 (two) months from the discovery of the defect. The Buyer may no longer assert its warranty rights beyond the 2 (two) year limitation period from the performance of the Contract.

9.11 Within 6 (six) months from the date of delivery, there is no other condition for asserting a warranty claim other than notification of the defect, provided that the Customer proves that he purchased the product from TELL Kft. However, after six months from the date of delivery, the Customer is obliged to prove that the defect he has recognized already existed at the time of delivery.

9.12 As a product warranty claim, the Customer may only request the repair or replacement of the defective Ordered Product from TELL Kft. The Ordered Product is defective if: if it does not meet the quality requirements in force at the time of its release or if it does not have the properties specified in the description provided by TELL Kft. The Customer is responsible for proving the defect of the Ordered Product.

9.13 The Customer may assert his product warranty claim within 2 (two) years from the date of placing the Ordered Product on the market by the manufacturer, which deadline shall be deemed to be forfeit.

9.14 TELL Kft. (manufacturer) is exempt from its product warranty claim if it proves that:

1. the Ordered Product was not manufactured or marketed as part of its business activities, or

2. the error is based on the state of science and technology of the art of placing on the market was not recognizable at the time, or

3. the defect in the Ordered Product results from the application of a law or mandatory official regulation . 

9.15 TELL Kft. (manufacturer) needs to prove one of the reasons listed in point 9.14 to be exempted.

9.16 The Customer may not assert a warranty claim and a product warranty claim simultaneously, in parallel, due to the same defect. However, in the event of a successful claim for a product warranty, the Customer may assert a warranty claim against the manufacturer for the replaced Ordered Product or the repaired part .

10. WARRANTY

10.1 In the event of defective performance by TELL Kft. regarding the Products, the Customer may assert a warranty claim within 2 (two) years after receipt of the Products.

10.2 The Buyer can assert his rights arising from the warranty using the warranty card provided with the Product .

10.3 The Customer may make the following warranty claims. The Customer may request the Product to be repaired or, where applicable, replaced. The Customer may submit a replacement claim within 3 (three) business days of receipt of the Product. If the Product malfunction prevents its intended use, TELL Kft. is obliged to replace the Product.

10.4 In the event of a repair request by the Customer, TELL Kft. shall indicate the following data on the warranty card:

1. the date of notification of the repair request and its receipt for repair,

2. the cause of the error and how to correct it, 

3. the date of return of the Product to the Buyer. 

10.5 TELL Kft. is exempt from its warranty obligation if it proves that the cause of the defect occurred after performance.

10.6 The warranty provided by TELL Kft. is otherwise governed by the rules of the Civil Code on warranties and the exercise of warranty rights.

11 INFORMATION, COMPLAINTS, COMPLAINT HANDLING

11.1 The Customer may contact TELL Kft. with questions and possible complaints regarding the operation of the Web Store, Orders, at the following contact details:

1. mailing address: 4034 Debrecen, Vágóhíd street 2.

2. email address: info@tell.hu

Phone number 3 : +36-52/530-130 

11. Website contact interface 

11.2 TELL Kft. can be reached by telephone on working days between 8 a.m. and 5 p.m.

11.3 Complaints made over the phone will be immediately investigated by TELL Kft. and then remedied as necessary and possible.

11.4 If the Customer does not agree with the handling of the complaint or TELL Kft. If an immediate investigation of the complaint is not possible, TELL Kft. shall immediately record the complaint and its position on it. TELL Kft. shall send a copy of the minutes to the Customer, at the latest, together with the substantive response pursuant to point 11.6.

11.5 TELL Kft. assigns a unique identifier to complaints made by telephone and e-mail.

11.6 TELL Kft. shall respond to complaints made verbally by the Customer or, in the Customer's opinion, not satisfactorily handled by TELL Kft., as well as to complaints made in writing, within 30 (thirty) days of their receipt.

11.7 If the Customer wishes to initiate proceedings with an authority or conciliation body with his complaint, he may do so with the following bodies, depending on the nature of the case:

1. Hajdú-Bihar County Government Office Consumer Protection Department Postal address: 4025 Debrecen, Széchenyi Street 46.

Phone number: 06-52/533-924

E-mail: beyazzatovedelem@hajdu.gov.hu

2. Hajdú - Bihar County Conciliation Board 

Address: 4025 Debrecen, Vörösmarty u. 13. -15.

Phone: 06 52-500-710

Email: bekelteto@hbkik.hu

12. MISCELLANEOUS PROVISIONS

12.1 In matters not expressly regulated in these GTC, the provisions of the following laws shall apply accordingly:

Act V of 2013 on the Civil Code on certain issues of electronic commerce services and services related to the information society Act CVIII of 2001;

Act CLV of 1997 on Consumer Protection,

45/2014 on the detailed rules of contracts between consumers and businesses (II. 26.) Government Decree 151/2003 on the mandatory warranty for certain durable consumer goods. (IX. 22.) Government Decree 19/2014.(IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business

12.2 The GTC forms an integral part of the Data Protection Policy of the TELL Kft. Webshop. Information ( http://www.openioting.hu ), the content of which the Customer becomes familiar with during registration and acknowledges that TELL Kft. will process the data provided in connection with the registration, the Order and the Contract in accordance with the terms and conditions contained therein.