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Terms and Conditions

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Terms & Conditions

Terms & Conditions

The present General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations of Maximilian Barabas EF. (hereinafter referred to as “Service Provider”) and the customer (hereinafter referred to as “Customer”) when using the e-commerce services offered by the Service Provider via the mrpotential.ch website (hereinafter referred to as “Service Provider and Customer”).

The terms and conditions apply to all legal transactions and services through the website mrpotential.ch are processed, regardless of whether they are processed from Hungary or from abroad by the service provider or its intermediary.

Service provider data:

Name: Maximilian Barabas EF
Customer Service: see 1.7 for more details
Email address: info@mrpotenzial.com

1. GENERAL INFORMATION, CONCLUSION OF THE CONTRACT BETWEEN THE PARTIES

1.1 These GTC apply to all e-commerce services provided in Europe via the electronic shop (hereinafter referred to as “mrpotential.ch shop”) on the mrpotential.ch website (hereinafter referred to as “website”).

In addition, these GTC apply to all commercial transactions in the European area between the parties, as defined in this agreement. Purchases made through the mrpotential.ch webshop are governed by the CVIII of 2001 Act on Certain Aspects of Electronic Commerce and Information Society Services (“Electronic Commerce Law”).

1.2 Purchases in the mrpotential.ch web shop are possible by placing an order electronically, as set out in these GTC.

1.3. The services of the mrpotential.ch web shop are available to all users without registration. However, some services require registration (with subsequent login), to which everyone is entitled, as stipulated in the GTC.

1.4. This can be done by phone or by email.

The contract between the parties for the purchase of the goods in the German language is considered a written contract, which is archived by the service provider and kept by it for 5 years after its conclusion.

1.5 The language of the contract is German.

1.6 The service provider is not subject to the provisions of a code of conduct.

– Customer service opening hours: Mon-Fri 10:00 – 18:00
– Internet address: https://mrpotenzial.ch/kontakt
- Email: info@mrpotenzial.com

2. THE REGISTRATION

2.1

A preliminary data request (a self-chosen username, a real email address and a self-chosen password are required) is followed by a more detailed form with personal data that can be filled in before the order is placed.

By registering on the website, the customer declares that he has read and accepted the terms of these GTC and the data protection regulations published on the website and agrees to the processing of the data in accordance with the data protection regulations.

2.2

The service provider is not liable for damage caused by the fact that the customer forgets his password or that the password becomes accessible to unauthorized persons for a reason for which the service provider is not responsible. The service provider treats each registration as a separate legal entity.

It is possible to change already recorded data after logging in by clicking on the Personal settings link and going to the Change personal data menu, which can also affect the data of active orders.

The service provider is not liable for any damage or errors resulting from the customer changing the registered data.

3. ORDERING PROCESS

3.1 The essential properties, characteristics and instructions for use of the Goods can be found on the information page of the relevant item, with the detailed actual characteristics of the Goods being contained in the instructions for use.

The service provider's contractual performance is deemed to have been fulfilled if the product has more favorable or advantageous properties than the information given on the website or in the instructions for use.

If you have any questions about the goods before purchasing, our customer service is at your disposal. Where required by law, instructions for use for the products we sell are included with the goods.

If by any chance you do not receive the prescribed instructions with the goods, please contact our customer service immediately before using the goods and we will replace them.

If you require more information about the quality, essential characteristics, use or usefulness of any of the Goods on the Website than is stated on the Website, please contact our Customer Service whose details and contact details are set out in Section 1.7.

3.2 The purchase price is always the amount indicated next to the selected product, which, unless otherwise stated, already includes VAT.

The purchase price of the products does not include the cost of delivery, unless otherwise stated on the final payment page.

3.3 The Service Provider reserves the right to change the prices of the Products that can be ordered on the Website, with the change taking effect at the time the order is placed on the Website.

The change has no effect on the purchase price of the products already ordered. In the event of a price reduction between the date of the electronic payment notification and the date of receipt of the product, we cannot refund the amounts paid if the payment was made with an online credit card.

The security check of the online payment transaction takes at least 24 hours, after which the goods can only be accepted.

3.4 If, despite all due care, the Service Provider displays an incorrect price on the Website, in particular a price of “0” CHF or “1” CHF that is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the product, or that is based on a system error, the service provider is not obliged to deliver the product at the wrong price, but can offer to deliver the product at the right price, whereby the customer can withdraw from the purchase in the knowledge of this.

The product images published on the website are sometimes only illustrations and may differ from reality.

3.5

The Service Provider shall not be liable for any delay in delivery or any other problem or error resulting from incorrect and/or inaccurate order information provided by the Customer.

The customer can place the selected products in the shopping cart by clicking on the "Add to shopping cart" button on the product detail page that appears after clicking on the respective product.

The contents of the shopping cart can be viewed and modified by clicking on the shopping cart icon on the right side of the website, specifying the desired quantity of each product and deleting the contents of the shopping cart (“Remove”).

Once the customer has completed the contents of the shopping cart, he must log in to the website by clicking on the “Checkout” button on the interface shown, or register in order to place his order. You can then choose the shipping method or enter your billing and delivery details.

When you have filled out all the required details and selected the shipping method, you can click on the “Continue” button and choose how you want to pay the total amount of your order.

Once you have chosen one of the payment methods, you can click the "Pay" button to review your order details on an overview page before placing your order, change your billing and shipping address, choose your payment and shipping method, and add a comment to your order.

The order is placed by clicking on the “complete order” button, which completes the order and submits the offer.

4. CORRECTION OF DATA ENTRY ERRORS

4.1 In every phase of the order and until the order is sent to the service provider, the customer has the option of correcting input errors in the order mask at any time in the web shop (e.g. deleting a product from the shopping cart by clicking “Remove”).

5. BINDING OFFERS, ORDER CONFIRMATIONS

5.1:
the data provided by the customer when purchasing or registering (e.g. billing and delivery information),

the order ID,

- the date of the order,

-the list of items, the quantity, the price of the ordered product,

-Shipping

-and the total amount to be paid.

With this confirmation e-mail, the customer is only informed that his order has been received by the supplier.

5.2 The customer is released from the obligation to submit an offer if he does not receive a separate acceptance e-mail from the supplier immediately, ie within 48 hours after sending the order.

5.3 If the customer has already sent his order to the service provider and finds an error in the data contained in the confirmation email, he must notify the service provider within 1 day.

5.4 The order is deemed to be a contract concluded electronically and is governed by Law V of 2013 on the Civil Code, Law CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services.

The contract is subject to the provisions of Government Decree 45/2014 (26.02.2014/2011/83) on the modalities of contracts between consumers and companies and takes into account the provisions of Directive XNUMX/XNUMX/EU of the European Parliament and of the Council on consumer rights.

6. DELIVERY AND PAYMENT TERMS

 

6.1 The Service Provider delivers the ordered Goods to the Customer's home by courier in accordance with the terms specified on the Delivery and Payment Terms page.
The service provider reserves the right to change the delivery costs, the change being effective at the time of publication on the website. The change does not affect the purchase price of the products already ordered.

6.2 The service provider offers the customer the option of choosing a delivery date after the order has been executed, which does not specify a specific date, but only represents an approximate delivery interval. The service provider is unable to deliver at a specific time.

6.4 The Services ordered on the Website will be provided by the Service Provider at the location specified in the Order Confirmation emailed to the Customer.

6.5 The customer can find information on the payment methods and pick-up options offered by the service provider on the page with the delivery information.

7. THE RIGHT OF WITHDRAWAL

The provisions of this clause apply exclusively to natural persons acting outside their professional or commercial activity, who buy, order, receive, use or avail goods and who are addressees of commercial communications or offers relating to goods (hereinafter “consumers " called).

The consumer has the right in the case of a contract for the sale of goods

a) to,

b) in the case of the delivery of several products, the last product delivered,

(c) in the case of a product consisting of several lots or pieces, to the last lot or piece delivered,

(d) in the case of regular delivery of goods within a certain period, the contract without giving any reason within fourteen (14) days from the date of the first delivery, the date of receipt of the goods by the consumer or a third party indicated by the consumer who is not the carrier is to revoke.

The consumer can also exercise his right of withdrawal in the period between the conclusion of the contract and receipt of the goods.

The consumer has no right of withdrawal in the case of: – the sale of a copy of an audio or video recording or computer software in sealed packaging if the consumer has opened the packaging after delivery; – a product that is not a ready-made product, made on the basis of instructions or at the express request of the consumer, or a product that is clearly tailored to the consumer.

7.1 PROCEDURE FOR EXERCISING THE RIGHT OF WITHDRAWAL
7.1.1.1 If the consumer wishes to exercise his right of withdrawal, he must provide the supplier with a clear statement of his intention to withdraw from the contract (e.g. by post or email), including the information at the beginning of this Use the contact details provided in the Terms and Conditions.
The consumer exercises his right of withdrawal in a timely manner if he sends his declaration of withdrawal to the service provider before the above-mentioned period has expired.

7.1.2 The consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the provisions of clause 7.

7.1.3 In both cases, the service provider will immediately confirm receipt of the consumer's withdrawal by email.

7.1.4 In the event of a written revocation, this shall be deemed to have been declared in due time if the consumer sends a corresponding declaration to the supplier within 14 calendar days (up to and including the 14th calendar day).

7.1.5 In the case of a notification by post, the date of dispatch by the service provider is taken into account for the calculation of the deadline.

The consumer must send his letter by registered mail so that the date of dispatch can be credibly proven.

7.1.6 In the event of withdrawal, the consumer must return the ordered product to the service provider without undue delay, but no later than within 14 days of notification of the withdrawal.

7.1.7. The deadline is met if the consumer sends the product (by post or handing it over to the courier service he has ordered) before the end of the 14-day period.

7.1.8. The costs of returning the product to the supplier's address are to be borne by the consumer, unless the supplier has agreed to bear these costs.

At the request of the consumer, the service provider will arrange for the goods to be returned, whereby the costs for the return shipment arranged by the service provider are to be borne by the consumer, whereby the service provider does not bear the costs for the return shipment arranged by the service provider, but only assists the consumer in not having to arrange for the goods to be returned. The consumer's request in this regard will be processed by the service provider's customer service.

7.1.9 The service provider is not able to take back parcels cash on delivery. No other costs will be charged to the consumer, apart from the cost of returning the product in the event of withdrawal.

7.1.10. If the consumer withdraws from the contract, the service provider shall immediately, but no later than within 14 days after receipt of the consumer's declaration of withdrawal, refund all fees paid by the consumer, including the costs of transport (delivery), with the exception of additional costs incurred , because the consumer has chosen a different mode of transport than the cheapest one offered by the service provider.

The service provider is entitled to withhold the refund until the product has been returned or the consumer has provided credible proof of the return, whichever is the earlier.

7.1.11. For this repayment, the supplier uses the same means of payment that he used in the original transaction, unless another means of payment was expressly agreed with the consumer; the use of this means of payment does not incur any additional costs for the consumer.

7.1.12. The consumer is only liable for the depreciation of the product if this is due to use that goes beyond what is necessary to establish the nature and characteristics of the product.

7.1.13. If the consumer exercises his right to terminate the contract for the provision of services after the service has started, he is obliged to reimburse the provider for the reasonable costs of billing.

7.1.14. The service provider may request reimbursement of the depreciation or reasonable costs resulting from the use of the product beyond what is necessary to establish its nature, characteristics and functioning, if the performance of the service contract is terminated at the express request of the consumer started before the end of the period and the consumer exercises his right of termination.

8. ADVICE

 

8.1 Mandatory Security

8.1.1.1. The Service Provider is subject to a warranty obligation for its products in accordance with the Civil Code and Government Decree 151/2003 (22.IX.), which means that during the warranty period it is only released from liability if it proves that the defect is due to a improper use of the product.

8.1.2 The duration of the warranty (the warranty period) starts from the date of actual performance, ie from the date of delivery of the product to the customer or, if the installation is carried out by the service provider or his agent, from the date of installation.

The consumer durables are the products listed in the Annex of Government Decree 151/2003 (IX.22) on the Compulsory Warranty for Certain Consumer Durables, for which the law provides for a mandatory one-year warranty period. The (material) scope of the Regulation only applies to new products sold under a consumer contract concluded in Europe and listed in the Annex to the Regulation.

A defect is not covered by the guarantee if the cause of the defect occurred after the product was handed over to the customer, for example if the defect

– improper installation (unless the installation was performed by the service provider or its agent, or the improper installation is due to an error in the instructions for use)

– improper use, non-observance of the instructions in the instructions for use, – incorrect storage, incorrect handling, damage.

In the event of a defect covered by the guarantee, the customer is obliged:

– primarily at its option, repair or replacement, unless the warranty claim chosen is unfulfillable or would cause the Service Provider disproportionate additional costs compared to the fulfillment of the other warranty claim, the value of the product in its original condition, the seriousness of the breach of contract and the impairment of the customer's interests through the fulfillment of the warranty claim must be taken into account.

- if the supplier has not taken on the repair or replacement delivery, if he cannot fulfill this obligation within a reasonable period of time and without prejudice to the interests of the consumer, or if the customer's interest in the repair or replacement delivery has ceased, the customer can, at his choice, request an appropriate request a reduction in the purchase price, have the defect remedied or replaced by a third party at the supplier's expense, or withdraw from the contract. In the case of minor defects, no cancellation can be made.

If the customer requests a replacement within three working days after purchase (installation) due to a defect in the product, the service provider is obliged to replace the product if the defect prevents the product from being used as intended.

The rectification or replacement must be made within a reasonable time, taking into account the characteristics of the product and the use expected by the customer, without prejudice to the customer's interests. The supplier will endeavor to carry out the repair or replacement within a maximum of fifteen days.

The repair may only involve the installation of a new part in the product.

The warranty period does not include the part of the repair time in which the customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period for the replaced (repaired) product (part of the product) and for the defect resulting from the repair begins to run again.

8.1.3

8.1.4 The service provider is only released from his warranty obligation if he proves that the cause of the defect occurred after the service.

8.1.5 However, the customer is not entitled to assert a warranty claim and a warranty claim for the same defect or a product warranty claim and a warranty claim for the same defect at the same time and in parallel. Irrespective of these restrictions, the buyer is entitled to the rights arising from the warranty without prejudice to the claims specified in sections 9.1 and 9.2.

8.1.6 The statutory rights of the customer, in particular the right to accessories, product guarantee or compensation, remain unaffected by the guarantee.

8.1.7 In the event of a dispute between the parties that cannot be resolved amicably, the Customer may initiate an arbitration procedure as indicated in Article 12.2.

8.2 Voluntary Guarantee
8.2.1 The Service Provider guarantees the Products it sells for the duration specified in the Product Description on the Website, which may be longer than the duration stipulated in the Government Decree. The Service Provider communicates the duration of the guarantee for each product at the latest by the information on the guarantee certificate (guarantee certificate), which the Customer receives upon receipt of the product.

9. Warranty

 

9.1 Warranty for Accessories

9.1.1.1 In the event of defective performance by the service provider, the customer can assert a warranty claim against the service provider. In the case of a consumer contract, the customer can, within a limitation period of 2 years from receipt of the product, make a warranty claim for product defects that existed at the time the product was delivered. After the two-year limitation period has expired, the customer can no longer assert his rights under the guarantee.

9.1.2 In the case of a contract concluded with a non-consumer, the beneficiary can assert his warranty claims within the limitation period of 1 year from the date of receipt.

9.1.3 The customer can, at its own discretion, demand repair or replacement, unless the fulfillment of the claim chosen by the customer is impossible or would mean disproportionate additional effort for the supplier compared to the fulfillment of its other claim.

If the repair or replacement was not or could not have been requested by the customer, the customer can request a reasonable reduction in payment or have the defect remedied or replaced in some other way at the expense of the service provider or, as a last resort, withdraw from the contract. In the case of minor defects, there is no right of withdrawal.

9.1.4 The Customer may switch from one convenience guarantee to another but will bear the cost of the switch unless justified or the Service Provider has given a reason for doing so.

9.1.5 The customer must notify the service provider of the defect immediately after discovering it, but no later than two months after discovering the defect.

9.1.6 The customer can assert a warranty claim for accessories directly against the service provider.

9.1.7.9.1.7.9.1.7 The customer can make a warranty claim based on the defect within six months from the date of performance of the contract, provided that he proves that he bought the product from the supplier (by presenting an invoice or a copy of the invoice) .

In such a case, the Service Provider is released from the warranty only if he refutes this presumption, ie proves that the defect in the product arose after delivery to the Customer. If the service provider can prove that the cause of the defect can be traced back to the customer, the service provider is not obliged to recognize the customer's warranty claim.

After the expiry of six months from the date of performance, however, the customer is obliged to prove that the defect he identified already existed at the time of performance.

9.1.8 If the Customer makes a warranty claim in relation to a part of the Product that is separable from the Product with regard to the specified defect, the warranty claim shall not be deemed to have been made in relation to the other parts of the Product.

9.2 Product Warranty
9.2.1 In the event of a defect in the goods (movable property), the customer as a consumer can choose to assert either the right to a warranty within the meaning of Section 9.1 or a product liability claim.

9.2.2 However, the customer is not entitled to simultaneously assert a warranty claim and a product warranty claim for the same defect.

However, in the event of a successful product warranty claim, the customer may file a claim for a replacement product or repaired part with the manufacturer.

9.2.3 Under the product warranty, the customer can only request repair or replacement of the defective product. In the event of a warranty claim, the customer must prove that the product is defective.

9.2.4 A product is considered defective if it does not meet the quality requirements applicable at the time it was placed on the market or if it does not have the properties described by the manufacturer.

9.2.5 The customer can claim a product guarantee within two years from the date the product was placed on the market by the manufacturer. After this period, the customer loses this right. The customer must notify the manufacturer of the defect immediately after discovering it.

A defect that is reported within two months of its discovery is deemed to have been reported immediately. The consumer is liable for the damage caused by the late notification.

9.2.6 The customer can assert a product warranty claim against the manufacturer or distributor of the movable item (service provider).

9.2.7

9.2.8 The manufacturer or distributor (service provider) is only released from his product warranty obligation if he can prove that:

– the product was not manufactured or placed on the market in the course of its business activities, or
– the defect was not recognizable according to the state of the art in science and technology at the time it was placed on the market, or
– the defect of the product is due to the application of a law or a mandatory standard established by an authority.

9.2.9 The manufacturer or dealer (service provider) only has to prove one reason for exemption.

10. RESPONSIBILITY

10.1 The information contained on the Website is provided to the best of our knowledge but for informational purposes only and the Service Provider shall not be held liable for the accuracy or completeness of the information.
10.2 The customer uses the website solely at his own risk and accepts that the service provider shall not be liable for any material or immaterial damage resulting from the use of the website, except in the case of willful, grossly negligent or criminal breach of contract or breach of life, body or health.

10.3 The service provider excludes all liability for the behavior of users of the website.

The customer is fully and exclusively responsible for his own conduct; in this case, the service provider will fully cooperate with the competent authorities to detect any violations.

10.4 The pages of the Service may contain links to the pages of other service providers. The service provider is not responsible for the privacy practices and other activities of these service providers.

10.5 The Service Provider has the right, but not the obligation, to monitor the content provided by the Customers when using the Website, and the Service Provider has the right, but not the obligation, to search for indications of illegal activity in relation to the posted search content.

10.6 Due to the global nature of the Internet, the Customer agrees to act in accordance with the provisions of applicable national laws when using the Website.

If any activity related to the use of the Website is not permitted under the laws of Customer's country, Customer shall be solely responsible for such use.

10.7 If the customer discovers objectionable content on the website, he must inform the service provider immediately. If the service provider believes in good faith that the report is justified, he is entitled to delete or change the information immediately.

11, COPYRIGHT

11.1 The Website is protected by copyright.

The Service Provider is the copyright owner or the authorized user of all content displayed on the website and in providing the services available through the website: all copyrighted works and other intellectual works (including but not limited to all graphics and other materials, the layout and design of the website, the software used and other solutions, ideas and implementations).

11.2 Saving or printing out content from the website and parts thereof on physical or other data carriers for private use or with the prior written consent of the service provider is permitted.

Any use other than private, such as B. storage in a database, disclosure, publication or downloading, commercial use, etc., is only possible with the prior written consent of the service provider.

11.3

Except for display, temporary reproduction and private reproduction necessary for the proper use of the website, this intellectual property may not be used or exploited in any form without the prior written consent of the service provider.

12. REMEDIES

12.1 Handling of Complaints
The customer can send consumer complaints about the product or the activities of the service provider to the following contact details:

Customer Care (Customer Service)

- Email: info@mrpotenzial.com

The customer can address a consumer complaint about a product or an activity to the contact details specified in point 12.1.

In accordance with applicable legislation, the Service Provider will promptly investigate the complaint and, if necessary, take remedial action (in business) if the nature of the complaint allows it.

If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately record a log of the complaint and its opinion on the complaint and, in the case of an oral complaint, shall provide the Customer with the personally was submitted, a copy of the minutes available; in the case of a verbal complaint made by telephone, he will send the customer a copy no later than the time of the substantive reply specified in the section on written complaints and proceed as provided for in the provisions on written complaints.

The Service Provider registers the verbal complaint submitted by telephone under the identification number of the previous order, which facilitates the retrieval of the complaint.

The service provider is obliged to examine and respond to the written complaint within 30 days of receipt and ensure that the response reaches the customer. If the service provider rejects the complaint, it must justify its point of view in its reply on the merits.

The service provider keeps a log of the complaint and a copy of the response for five years.

The Service Provider accepts complaints from the Customer using the direct contact details set out in Section 12.1 during Customer Service opening hours.

12.2 Other Remedies
In the event that a consumer dispute between the service provider and the customer cannot be resolved through negotiations with the service provider, the following enforcement options are available to the customer:

– Complain to the consumer protection authorities.

If the customer discovers a violation of his consumer rights, he has the right to lodge a complaint with the consumer protection authority responsible for his place of residence. If the customer complains to the local consumer protection authority, the authority may decide to initiate consumer protection proceedings against the customer.

– arbitration board.

For the out-of-court, amicable settlement of consumer disputes about quality, safety and the application of product liability regulations as well as about the conclusion and fulfillment of the contract, the customer can initiate a procedure before the arbitration board at the competent professional chamber at the service provider's registered office.

For the purposes of the Arbitration Board Regulations, a consumer is also a non-governmental organization, a church, a homeowners association, a housing association, a micro, small and medium-sized enterprise within the meaning of a separate law that buys, orders, receives, uses, uses goods takes or is the recipient of commercial communications or offers relating to goods.

Contact information for the arbitration board in Budapest:

– 1016 Budapest, Krisztina krt. 99, III. Floor. 310
– Postal address: 1253 Budapest, PO Box 10.
– E-mail address: bekelteto.testulet@bkik.hu
– Fax: 06 (1) 488 21 86
– Telephone: 06 (1) 488 21 31

– court proceedings. The customer is entitled to assert his claim arising from a consumer dispute before a court in a civil procedure in accordance with the provisions of Act IV of 1959 on the Civil Code and Act V of 2013 on the Code of Civil Procedure.

13. OTHER PROVISIONS

 

13.1 The mrpotential.ch web shop is a Linux/PHP-based information system, the level of security is appropriate, using the web shop does not pose any risk, but we recommend that you take the following precautionary measures: Use of virus and spyware protection software with a current database, installation of security updates of the operating system.

Purchasing through the Website implies that the Customer understands the technical and technological limitations of the Internet and accepts the potential for error inherent in the technology.

13.2 In the specialist shops and in the online shop of the service provider, orders are only accepted in normal household quantities.

13.3 The Service Provider is entitled to unilaterally change the terms of these GTC at any time. The Service Provider will inform Users via email of any such changes before they come into effect. When the changes come into effect, registered users must expressly accept them when they log in to the website in order to be able to use the website.

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