GENERAL TERMS AND CONDITIONS OF CONTRACT AND USE
Effective version: 25 August 2026
These General Terms and Conditions of Contract and Use (hereinafter: "Terms and Conditions") set out the terms governing the use of the website operated and maintained by the Service Provider at mezio.hu, as well as the terms applicable to the sale of products through the website. These Terms and Conditions apply both to users qualifying as Consumers and to users not qualifying as Consumers, provided that those provisions applying exclusively to one or the other category of users are expressly identified as such.
If you wish to become an active user of our services and website, and a purchaser, please read these Terms and Conditions carefully. Please use the services available on the website only if you agree with all provisions of these Terms and Conditions and accept them as legally binding upon you.
- Details of the Service Provider as Website Operator
Livepoint Kommunikációs, Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Registered Office: 1095 Budapest, Soroksári út 110–112, E. ép. 1. emelet, Hungary
Company Registration Number: 01-09-879217
Tax Number: 13905297-2-43
Registering Authority: Company Registry of the Budapest-Capital Regional Court
E-mail: info@livepoint.hu
Telephone: +36 30 705 3907
Website: livepoint.hu
Hosting Service Provider
Diavox Kft.
Registered Office: 1204 Budapest, Vécsey utca 30, Hungary
Telephone: +36 30 449 3537
E-mail: info@diavox.hu
Website: diavox.hu
- Language of the Contract, Formation of the Contract, and General Provisions
- The Service Provider operating the website available at mezio.hu (hereinafter: the "Website") provides its services from Hungary. The services available on the Website are intended for Hungary and those territories within the European Union to which the Service Provider offers delivery.
- The language of the Contract and of the contract formation process - including the placing of orders, order confirmations, and acceptance of orders - is English.
- A contract concluded through an online order placed on the Website and accepted by the Service Provider shall not constitute a written contract within the meaning of the Hungarian Civil Code (Act V of 2013 on the Civil Code). The Service Provider shall retain the electronic records relating to the conclusion of the contract and the content of the contract in electronic form for the period prescribed by the applicable legislation. The User may download and/or print the contractual terms in a storable format via the continuously available "Download Document Here" link on the Website. An order placed through the Website constitutes an electronic declaration of intent by the User, which creates the contract upon acceptance by the Service Provider and gives rise to the User's payment obligation.
Simultaneously with the automatic electronic confirmation of the online order, the Service Provider shall provide the User, on a durable medium, with the contractual terms and the documents containing the information required to fulfil the statutory information obligations. The documents so provided contain the contractual terms and information notices as they existed at the time the User's order was received. In addition, the User may download and/or print the contractual terms in a storable format by using the "Download Document Here" link under the title of this document, and the current version shall remain continuously available on the Website.
- The contract concluded between the Service Provider and the User shall be governed by the laws of Hungary.
- The Service Provider has not committed itself to any code of conduct; accordingly, no such code is available.
- Any references in these Terms and Conditions to times or periods shall be interpreted according to Central European Time (CET) or, during daylight saving time, Central European Summer Time (CEST).
- Scope and Parties of the General Terms and Conditions of Contract and Use
- These General Terms and Conditions of Contract and Use (hereinafter: the "Contractual Terms") apply to the services available on the Website, the online shop services available on the Website, the sale of products available for order through the online shop, the information made available on the Website, and the use of the Website.
These Terms and Conditions shall enter into force upon publication on the Website and shall remain valid until withdrawn or replaced by a newer version. Their scope extends to all electronic commerce services and orders conducted through the Website operated by the Service Provider (mezio.hu). These Terms and Conditions form an integral part of the Legal Notice available on the Website.
- Parties to these Terms and Conditions
Service Provider: the undertaking identified in these Terms and Conditions which operates the Website, sells products through the Website, and provides the services specified therein.
User: any natural person, legal person, or organisation without legal personality who visits the Website, browses it, views its content, uses any function of the Website, or otherwise makes use of it, irrespective of whether such person places an order or concludes a contract with the Service Provider.
Customer: a User who places an order through the Website for the purchase of a product sold by the Service Provider.
Consumer: a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of the Hungarian Civil Code.
SME under the Civil Code: a micro, small, or medium-sized enterprise within the meaning of the Act on Small and Medium-Sized Enterprises and Support for Their Development, which, when concluding a contract under these Terms and Conditions, acts for purposes outside its trade, business, craft, or profession.
Pursuant to Section 6:157(3) of the Hungarian Civil Code, the provisions of Chapter XXIV of the Civil Code relating to defective performance that apply to Consumers shall also apply to an SME acting outside its trade, business, craft, or profession. This rule does not mean that an SME is generally regarded as a Consumer for the purposes of consumer protection legislation; rather, an SME enjoys consumer rights only to the extent expressly provided by law.
Other Business: any company, sole trader, or other undertaking that does not qualify as a Consumer under these Terms and Conditions or as an SME within the meaning of Section 6:157(3) of the Hungarian Civil Code.
Consumer Contract: a contract concluded between a Consumer and a business which qualifies as a consumer contract under applicable legislation.
Contract with an SME: a contract concluded between the Service Provider and an SME within the meaning of Section 6:157(3) of the Hungarian Civil Code, to which the provisions of Chapter XXIV of the Civil Code concerning defective performance applicable to Consumers apply by operation of law.
The rights and obligations of Consumers, SMEs within the meaning of Section 6:157(3) of the Hungarian Civil Code, and Other Businesses are set out separately for each legal institution in these Terms and Conditions. In these Terms and Conditions, the term "Consumer" does not, of itself, include an SME unless expressly provided otherwise by applicable legislation or by the relevant provision of these Terms and Conditions.
- Rules Governing the Use of the Website
- The User may use the Website for its intended purpose, view the content made available on the Website, and use the available services and functions in accordance with the conditions applicable to them.
- Browsing and viewing the Website shall not in itself constitute an order and shall not, of itself, create a contract of sale or any other contract between the Service Provider and the User.
- Where the User places an order through the Website, the provisions of these Terms and Conditions relating to orders and contract formation shall govern both the order and the contract concluded on the basis of that order. For the purposes of the order, the User placing the order shall qualify as the Customer.
- Where the use of any service or function is conditional upon acceptance of these Terms and Conditions, the User shall, by using that service or function, be deemed to have accepted the provisions of these Terms and Conditions.
- When using the Website, the User shall refrain from any conduct that jeopardises or impedes the proper operation of the Website or infringes the rights or legitimate interests of the Service Provider or other Users.
- User Obligations
- The User shall use the Website for its intended purpose and in accordance with the applicable laws and the provisions of these Terms and Conditions.
- When using the Website, the User shall respect the rights and legitimate interests of the Service Provider and other Users and shall refrain from any conduct that jeopardises, impedes, or unlawfully interferes with the proper operation of the Website.
- The Customer shall provide accurate information necessary for the fulfilment of the order and shall pay the purchase price of the ordered product, together with any other charges relating to the order that were disclosed in advance at the time the order was placed, in the manner specified in these Terms and Conditions.
- Before placing an order, the Customer shall familiarise themselves with these Terms and Conditions and the information relating to the order and the product and shall make the declarations required during the ordering process by submitting the order.
- The User and the Customer shall be liable, in accordance with the applicable laws, for any damage caused by a breach of the obligations set out in these Terms and Conditions.
- Where the User or the Customer breaches any obligation set out in these Terms and Conditions or in the applicable legislation, the Service Provider may apply the legal consequences provided for by law.
- Formation, Termination, and Cessation of the Contract
- Use of the Website
6.1.1. The provisions of these Terms and Conditions relating to the use of the Website shall govern the use of the Website, the viewing of its content, and the use of its functions. The User shall use the Website for its intended purpose and in accordance with these Terms and Conditions and with the rules and information published on the Website relating to the relevant use. Browsing the Website and viewing publicly available content shall not in themselves constitute an order or create a contract of sale.
6.1.2. Unless otherwise provided, browsing the Website and using its functions shall be free of charge for the User. In respect of products available for order through the Website, the Customer shall be obliged to pay the purchase price displayed during the ordering process together with any other charges disclosed in advance.
The use of the Website and the User's conduct on the Website shall be governed by these Terms and Conditions. The User shall use the Website lawfully, for its intended purpose, and with due respect for the rights of others.
The use of certain functions available on the Website may require acceptance of these Terms and Conditions and/or separate conditions applicable to the relevant function. In such cases, the User shall accept these Terms and Conditions and the relevant conditions in the manner indicated on the Website when using the function.
6.1.3. The Service Provider shall be entitled to modify the operation, content, and functions of the Website or to discontinue the operation of the Website. Any such modification or discontinuation shall not affect the rights and obligations arising under contracts that were lawfully concluded and remain in force.
6.1.4. The content, text, images, graphics, trademarks, logos, and other elements appearing on the Website may be protected by law. Their use shall be permitted only in accordance with the applicable legislation and the conditions specified by the Service Provider.
- Formation of the Order and the Contract of Sale
The technical steps for placing an order, the rules governing order confirmation, the conditions for the formation of the contract, the identification and correction of data entry errors, the Service Provider's right to refuse an order, and the Consumer's right to withdraw an offer are set out in detail in Chapter 9 of these Terms and Conditions.
6.2.1. The provisions governing the Customer's right of withdrawal or termination, statutory warranty for defects, product warranty, and guarantee are set out in Chapter 14 of these Terms and Conditions.
- Termination and Cessation of the Contract
6.3.1. The termination and cessation of the contract of sale shall be governed by the Hungarian Civil Code, the legislation applicable to consumer contracts, and these Terms and Conditions.
6.3.2. The termination or cessation of the contract shall not affect the parties' obligations to account to one another for matters arising before the termination or any other obligations that continue under applicable law.
6.3.3. The discontinuation of the operation of the Website shall not, of itself, affect contracts of sale that have already been concluded and remain in force. The Service Provider shall perform its obligations arising under such contracts in accordance with the applicable legislation and the relevant contract.
- Registration and User Account
- Creating a User Account and logging into the Website are required in order to design products and place orders through the Website.
- During registration, the User shall provide all information required for registration accurately, completely, and truthfully.
- Upon successful registration, the Service Provider shall send a confirmation email to the email address provided by the User, containing a link required to confirm the registration. The User may activate their registration by using that link. If the confirmation email is not received, the User shall also check their spam or junk mail folder. If the email cannot be found there either, the User should contact the Service Provider.
- Following successful registration, the User may log into their User Account using the registration credentials provided (email address and password). The User shall keep their login credentials confidential and shall ensure that they are not accessible to unauthorised third parties.
- The User may also use registration or login facilities provided by third-party service providers, including, in particular, Google, Apple, or a Meta/Facebook account. In such cases, the User shall authenticate themselves through the relevant third-party provider's own interface. The Service Provider shall neither request nor process the password associated with the third-party service. The use of the third-party service shall also be subject to that provider's own terms and privacy policy.
- The User shall keep their login credentials confidential, protect them against unauthorised access, and, in the event of unauthorised access or any suspicion thereof, change their password without delay and notify the Service Provider.
- The User shall update the information provided during registration and ordering whenever necessary to ensure that it remains accurate, complete, and up to date. The User shall be responsible for the accuracy of the information provided, including, in particular, delivery, billing, and contact details. The Service Provider shall be liable for additional costs or delays resulting solely from incorrect, incomplete, or inaccurate information provided by the User only to the extent permitted by applicable law.
- The User shall be entitled to request the deletion of their User Account by sending a message to the Service Provider's email address or by deleting the account themselves within the account settings. The processing of personal data relating to the deletion of the User Account shall be governed by the Privacy Notice.
- The deletion of the User Account shall not affect any personal data that the Service Provider is required or entitled to continue processing under applicable law or that must be processed for the establishment, exercise, or defence of legal claims. The deletion of the User Account shall not affect contracts previously concluded but not yet performed, nor the Service Provider's statutory retention, accounting, or other legal obligations.
- Within the limits permitted by applicable law, the Service Provider shall be entitled to suspend the use of the User Account temporarily or terminate the account where the User uses the Website or the User Account unlawfully, contrary to its intended purpose, in a misleading manner, or otherwise in breach of these Terms and Conditions.
By registering, the User declares that they have read and understood these Terms and Conditions and the other information available on the Website relating to the use of the services, and acknowledges that they are legally bound by them.
Below is the faithful, paragraph-by-paragraph legal translation into British legal English, preserving the original structure, numbering, emphasis, and legal meaning.
- Design, Ordering Process, and Order Processing
- Product Design
Upon opening the Website, the User is presented with a pop-up window offering the option either to use the design application directly or to install it on their device by clicking the installation icon. If the User chooses neither option, they may begin designing by closing the pop-up window and clicking the "Go to Designer" button on the homepage.
Products may be designed without registration; however, registration is required to save a design and submit an order. The designed product(s) shall be stored in the registered User's User Account upon logging in.
The design process is supported by the design guide available on the Website.
Before commencing the design process, the User is informed by means of a pop-up window of the content moderation principles, procedures, and consequences of breaching the rules set out in these Terms and Conditions. The design process may commence only after the User has acknowledged this information and accepted the applicable terms.
The User may select the type of product to be designed, after which the selected product ("Design Your Own") is loaded into the design tool. The design tool enables the creation of a fully customised product. The User may choose the product's base colour, upload their own image or graphic, add text (such as a name, number, or lettering), or add AI-generated graphics or other content in either Hungarian or English. For inspiration, the Service Provider also provides a selection of optional images and graphics from which the User may choose.
Under the heading "Collections", the Service Provider also makes available products intended solely for inspirational purposes. These are not pre-manufactured products. The design elements of products within the Collections may be freely modified by the User.
The Service Provider does not guarantee that content generated by artificial intelligence does not infringe the rights of third parties. The User shall be responsible for the lawfulness of all content uploaded or generated by means of AI, including ensuring that such content does not infringe the copyright or other intellectual property rights of third parties. The Service Provider accepts no responsibility for the suitability, accuracy, or lawfulness of AI-generated content. Where unlawful content is identified, the Service Provider shall proceed in accordance with the content moderation procedure set out in Section 8.8 of these Terms and Conditions.
- Product Characteristics
The products displayed in the online shop are presented by means of AI-generated digital models, standalone product photographs, and close-up images showing product details. Product images and digital mock-ups are provided for illustrative purposes to demonstrate the appearance of the product when worn or used. The actual physical and technical characteristics of each product are set out in the textual and tabular description on the relevant product page. Should any questions arise concerning a product before placing an order, the Service Provider's customer service team shall be pleased to assist.
For each product type, the relevant product page contains detailed information regarding the product's cut, available sizes, fabric weight (g/m²), material composition, and other essential characteristics. The product characteristics displayed on the product pages form an integral part of the individual contract concluded between the parties.
The essential characteristics of the ordered products, together with their care and usage instructions, may be found on the information pages available on the Website and in the information, leaflet supplied with the product. Where required by law, a Hungarian-language user and care manual shall accompany the product. If the mandatory instructions are not supplied, the Customer shall be entitled to request that they be provided, and the Service Provider shall supply them without undue delay, either electronically or in physical form.
- Colour Representation and the Technological Characteristics of Textile Printing
The product images and graphics displayed on the Website, in the design application, and in the digital mock-ups are intended for illustrative purposes. The colours of the finished product may differ slightly from those displayed on the screen because different devices (including monitors, smartphones, and tablets) reproduce colours differently due to variations in colour settings, colour temperature, and resolution.
The User acknowledges that any difference in shade between the digital mock-up and the finished physical product may result not only from different screen settings but also from the textile printing technology used, the composition, surface texture, and light absorption properties of the textile material, and the limited range of production palette colours used during printing.
The Service Provider shall use all reasonable endeavours to reproduce colours as accurately as possible. However, reasonable and technologically unavoidable variations in colour and shade, as described above, shall constitute an inherent characteristic of performance in accordance with the contract. A minor colour variation resulting from the natural characteristics of digital display and textile printing technology shall not constitute defective performance, provided that the product otherwise conforms to the essential characteristics specified in the approved order.
To assist Users in selecting colours accurately, the Service Provider offers the option of ordering a physical colour chart printed on the same textile material used for the products. When ordering the sample, the User's own logo or graphic may also be printed alongside the colour chart, enabling the User to verify, on the actual textile surface, both the appearance of the palette colours and the printed reproduction and colour accuracy of the User's own logo.
Ordering a physical colour chart and logo sample is entirely optional. If the User chooses not to order a sample, the User expressly acknowledges that the order is placed solely on the basis of the digital mock-up displayed on the User's own screen and assumes the risk of any colour or shade variations resulting from screen settings and the technological characteristics of textile printing described above. Accordingly, reasonable colour and shade variations within technological tolerances shall be regarded as performance that complies with the contractual quality requirements.
- Size Guide, Size Selection, and Manufacturing Tolerance
A detailed size guide is available on the Website. When selecting a size, the User must rely on the specific flat measurements stated in centimetres in the size guide. Standard clothing sizes (such as S, M, L, and XL) do not constitute a uniform international standard and may vary significantly between manufacturers, brands, and regional sizing systems (including European, American, and Asian standards). Accordingly, when selecting a size, the User must rely on the specific flat measurements shown in centimetres in the size guide for the relevant product and must not rely on size designations familiar from other manufacturers or remembered from previous purchases.
Due to the characteristics of textile manufacturing processes and the elasticity of knitted and woven fabrics, the flat width and/or body length of a product may vary by up to +1 cm/-1 cm from the measurements stated in the size guide. The User acknowledges that this manufacturing tolerance of +1 cm/-1 cm constitutes a contractual characteristic of the product and does not, of itself, give rise to defective performance.
Selecting the correct size is the User's responsibility. Since the ordered products are manufactured in accordance with the User's individual instructions and personalised graphics, pursuant to Section 29(1)(c) of Government Decree No. 45/2014 (26 February 2014), Consumers are not entitled to the 14-day right of withdrawal without giving reasons. Accordingly, the Service Provider does not offer a voluntary size exchange. If an incorrect size is selected, the desired size may only be purchased by placing a new order. This provision shall not affect the Customer's statutory rights relating to warranty for defects or guarantees.
- Technical Requirements for User-Uploaded Custom Graphics, Logos, and Images; Exclusion of Liability
The design application enables the User to upload and position their own images, graphics, and logos, and to use the integrated AI-based image generator.
To ensure print quality, graphic materials uploaded by the User must satisfy the following minimum technical requirements:
Format: Vector graphic format (such as .SVG, .AI, .EPS, or .PDF) or a high-resolution raster image (such as .PNG with a transparent background, or .JPG/.JPEG).
Resolution: For raster images, a minimum resolution of 300 DPI at the actual print size is recommended, and the minimum acceptable resolution shall not be less than 150 DPI.
Colour Mode: The digital design interface operates in the RGB colour space, whereas physical textile printing uses production CMYK colours and direct textile palette colours.
The User expressly acknowledges and accepts responsibility for ensuring that the resolution, sharpness, proportions, and overall graphic quality of uploaded images are suitable for the selected product size and print area. The Service Provider does not manually examine uploaded images for graphic quality, resolution, spelling, or aesthetic suitability. Production is carried out automatically on the basis of the approved mock-up.
The following shall not constitute defective performance by the Service Provider, and the Service Provider excludes all warranty and liability for damages arising from quality defects or aesthetic objections resulting from:
- the low resolution of images uploaded by the User (including pixelation, blurring, or image noise);
- incorrect scaling, distortion, or insufficient colour depth;
- unwanted image backgrounds or inadequate cropping;
- spelling, typographical, or grammatical errors in submitted names, numbers, or text;
- graphic characteristics, asymmetry, or inaccuracies of AI-generated images.
If the design application displays an automatic warning concerning low resolution and the User nevertheless finalises and approves the design, the User expressly requests production of the product at their own risk.
- Design Module and Artificial Intelligence (AI) Functions
- The use of the 3D visualisation, image generation and graphic design functions available on the design interface is optional. The operation of the modules is provided by a third-party technology service provider and generative artificial intelligence (AI) solutions.
Important information regarding data processing: The external service provider providing the function does not guarantee that data uploaded to the system will not be used to train its own artificial intelligence system (there is no “no training” option). Therefore, if the User uploads personal data, copyright-protected material, confidential information or trade secrets for the purposes of generation, the external service provider’s algorithm may “learn” such data and may use it in the future. By using the functions, the User expressly acknowledges and accepts this risk.
What does this mean in practice? If the User uploads a strictly confidential product design, logo or a person’s image, this may become incorporated into the service provider’s global database, and the system may subsequently generate a similar result for another user.
- Graphics and visual elements generated by AI serve solely as decision-support mock-ups and illustrations. The on-screen preview may differ slightly from the finished textile product due to technological and material characteristics.
- Finalising the order and approving production shall in every case take place under human supervision and within the User's sphere of responsibility. Before submitting the order, the User must verify the sizing, colours, resolution, and layout.
- Designs saved but not ordered shall be retained by the system for one month, while data relating to ordered and manufactured designs shall be retained for six months, after which they shall be deleted automatically.
- The Service Provider does not guarantee uninterrupted or error-free operation of the AI functions (including linguistic, spelling, or graphic errors, or results differing from the submitted instructions). Temporary suspension or restriction of AI functions shall not constitute defective performance.
- Intellectual Property Rights and User Responsibility
- Intellectual property rights in respect of custom graphics, photographs, logos, and text uploaded to or created on the platform by the User shall remain vested in the User (or the relevant third-party rights holder). By placing an order, the User grants the Service Provider a non-exclusive, royalty-free licence to use such content to the extent necessary for fulfilling the order.
- The default catalogue elements, templates, and silhouettes within the design software constitute the exclusive intellectual property of the Service Provider and/or its partner and may be used solely for placing product orders through the online shop.
- The User acknowledges that AI-generated visual elements may not constitute unique or exclusive content. The Service Provider does not guarantee that AI-generated content will not bear incidental similarities to existing works or signs.
- The User shall be responsible for ensuring that all content uploaded, prompted, edited, or approved by them is lawful and warrants that such content does not infringe the copyright, trademark, industrial property rights, image rights, or other personality rights of any third party. The use of a third party's likeness or personal data shall be lawful only with that person's prior written consent.
- Where any third party, public authority, or court brings a claim against the Service Provider or imposes a penalty due to the unlawful nature of content provided by the User, the User shall fully indemnify the Service Provider and reimburse all resulting losses, costs, and legal fees.
- The Service Provider shall be entitled to interrupt the generation of, moderate, or refuse production of content that is manifestly unlawful or infringes the rights of third parties, to request evidence from the User confirming the lawful use of the relevant content, and, in cases of serious or repeated misuse, to restrict access to the AI functions.
- Prohibited Content, Content Moderation, and Procedure
- Categories of Prohibited Content
The Service Provider shall refuse to manufacture or fulfil any order for a customised product that falls within any of the following prohibited categories:
- unauthorised advertising of products, services, external websites, or promotions;
- unauthorised use of a third party's intellectual property (including brand names, logos, trade marks, or copyrighted works);
- displays the image, name, contact details or any other personal data of a third party without that third party’s express consent;
- vulgar, racist, xenophobic, obscene, offensive, abusive, harassing, dangerous, aggressive, threatening, intimidating, or hate-inciting text or imagery;
- infringement of another person's personality rights or reputation, defamatory, false, or otherwise unlawful content;
- discriminatory content relating to minority, religious, racial, ethnic, or sexual affiliation;
- content contrary to applicable law, encouraging or promoting criminal offences;
- infringement of patents, trademarks, geographical indications, indications of origin, or design rights;
- content contrary to public decency, pornographic content, totalitarian symbols, or links to websites containing such content;
- content that seriously and disproportionately endangers the Service Provider's brand or business reputation.
- Content Moderation and Order Screening
8.8.1. Obligation to Comply with the Prohibited Content Rules: The User shall fully comply with the provisions of these Terms and Conditions concerning intellectual property rights, personality rights, and statutory prohibitions throughout the design and ordering process.
8.8.2. Mandatory Pre-Production Screening: Before production, the Service Provider shall review and monitor every customised order and product sample in order to identify prohibited content. Automated filtering systems support this screening process. The User shall also be informed by means of a pop-up notification within the design and ordering interface that such screening takes place.
8.8.3. Nature and Limitations of Moderation: Content moderation serves solely to identify and filter content that is manifestly or highly likely to be unlawful and does not constitute a comprehensive legal or regulatory review. Completion of the screening process does not relieve the User of full responsibility for the lawfulness of uploaded and ordered content.
8.8.4. User Responsibility and Indemnity: Before submitting an order, the User shall verify and confirm that the customised product(s) do not contain prohibited content within the meaning of these Terms and Conditions. By submitting the order, the User expressly declares that they possess full legal authority to use all uploaded, requested, or approved designs, graphics, text, and logos (whether by virtue of copyright ownership or a valid licence or permission from the relevant rights holder). If any third party or public authority brings a claim against or imposes a penalty on the Service Provider due to unlawful content, the User shall fully reimburse all direct and indirect losses, costs, and legal representation expenses incurred by the Service Provider.
8.8.5. Procedure in the event of detection of prohibited content: Where the automated system or human review indicates the presence of prohibited content, the Service Provider shall individually review the relevant order and, where necessary, contact the User using the contact details provided.
8.8.6. Transfer of production data and commencement of production: Within 24 hours of the Service Provider accepting the order, the technical data required for the manufacture of the customised product shall automatically be transferred to the manufacturer, and the production process shall commence.
- Procedure Applicable to Prohibited Content
8.8.7. Access to Design Data and Nature of Moderation: The Service Provider informs the User that access to production and design data becomes available only after the User has finally submitted the order. Content moderation serves solely to identify and filter content that is manifestly or highly likely to be unlawful and does not constitute a comprehensive legal or regulatory review. Responsibility for the lawfulness of uploaded and approved content remains entirely with the User.
8.8.8. The Service Provider shall screen and monitor prohibited content before production for every order using both automated filtering systems and manual review. Where an issue arises, the Service Provider shall contact the Customer.
Before finally submitting the order, the User shall carefully review all uploaded content and, by submitting the order, declares that the ordered product does not contain prohibited content. If any doubt arises regarding the lawfulness of the content, the User shall consult the Service Provider before submitting the order.
8.8.9. Procedure in the event of detection of prohibited or questionable content:
- If the ordered product contains prohibited content, or there are reasonable grounds to suspect that it does, the Service Provider shall suspend performance and contact the User.
- If the content is not manifestly unlawful or contrary to applicable legislation, but its lawfulness requires clarification or its use is subject to authorisation, the Service Provider shall contact the User and suspend performance.
- If the content is manifestly unlawful or contrary to applicable legislation, the Service Provider shall refuse performance and cancel the order.
- If the User possesses a valid licence or permission for the lawful use of the disputed copyrighted work, trademark, or image right, the User may provide evidence of such entitlement by email to hello@mezio.hu upon the Service Provider's request.
8.8.10. Where fulfilment of the order becomes impossible solely because the content uploaded or approved by the User is unlawful (and the User fails to substantiate its lawfulness even upon request), or is contrary to applicable legislation and/or the General Terms and Conditions, the order shall be cancelled. In such circumstances, the Service Provider shall be entitled to retain HUF 2,500 from the purchase price paid, as a lump-sum amount corresponding to the actual and demonstrably incurred production preparation costs (including the technical processing and moderation of the uploaded graphic file, the preparation of production files and the administrative process). The Service Provider shall refund the remainder of the purchase price, after deduction of the production preparation costs, within 14 days of cancellation using the original method of payment. The production preparation cost shall not constitute liquidated damages or a cancellation fee but shall serve solely to reimburse direct costs incurred by the Service Provider in preparing the order. The Service Provider may amend the amount of this fixed contribution, but any such amendment shall apply only to new orders placed after the amendment of these Terms and Conditions.
8.8.11. Handling of prohibited content detected subsequently: If the ordered product contains any prohibited content under these General Terms and Conditions (including, in particular, designations infringing the intellectual property rights of third parties, personal data or images used without authorisation, vulgar or representations violating human dignity, as well as elements contrary to applicable legislation or constituting a criminal offence, etc.), and such circumstance becomes known for any reason only after physical production has been completed but before the product is handed over to the courier service, the Service Provider shall refuse to release and deliver the product in order to enforce the infringement and the applicable statutory prohibitions.
The Service Provider shall not place the product containing prohibited content on the market, but shall arrange for its destruction in accordance with applicable legislation and shall notify the User thereof in writing. Where the content is not manifestly unlawful but is questionable or requires clarification, the Service Provider shall consult with the User prior to destruction in order to enable the User to substantiate their entitlement.
As performance of the contract becomes impossible due to the User’s breach of contract consisting in the submission of prohibited content, the Service Provider shall, pursuant to Section 6:180(2) of the Hungarian Civil Code (Ptk.), be entitled to set off against the amount paid by the User its actual and duly evidenced direct loss incurred in connection with the manufacture, administration and disposal of the product. The User shall not be entitled to a refund in respect of such direct manufacturing and destruction costs incurred. Any remaining amount exceeding the direct losses actually incurred and duly evidenced (including, in particular, any unused delivery costs) shall be refunded by the Service Provider to the User within 14 days following destruction, using the same payment method as that used for the original payment.
8.8.12. User's Indemnity Obligation: The User declares, acknowledging their responsibility, that they are entitled to use all uploaded or requested designs, text, and logos. If prohibited content infringes any legal right or legitimate interest and, as a result, a third party, public authority, or court brings a claim against the Service Provider, imposes liability for damages, or levies a penalty, the User shall fully indemnify the Service Provider and reimburse all resulting losses, penalties, costs, and legal representation fees.
- Order Process and Formation of the Contract
9.1. Upon completion of the design process, the User may select the desired quantity and size of the customised product by clicking the "Add To Cart" button and then the "Finish" button displayed in the pop-up window. By clicking the "Save" button, the product is added to the shopping basket. The User is notified of the successful addition to the basket by a pop-up window, which is acknowledged by clicking the "OK" button.
9.2. By clicking the button displaying the T-shirt icon, the contents of the shopping basket are displayed. There, the User may modify the quantity and size of the products already added to the basket, specify the size of any newly added product, or remove a product from the basket by clicking the bin icon displayed next to the relevant product. The entire basket may be emptied at any time during the process by clicking the bin-shaped icon displayed alongside the basket contents. By clicking the pencil icon next to a product, the User may modify that product's size and quantity.
9.3. By clicking the button labelled “Order”, the entire contents of the basket shall be displayed, where the User shall have the opportunity, prior to commencing the ordering process, to modify the customised design of the product, save and share the individually designed product (by providing an e-mail address and then clicking the “Send link” button), and modify the size and quantity.
9.4. By clicking the "Payment" button, the Order page is displayed, where the Customer enters their details and may also subscribe to the newsletter and/or direct marketing newsletter. The Customer provides the delivery details (name, address, and telephone number) and billing details (name, address, and telephone number) by completing the relevant fields on this page.
Declaration regarding SME status and statutory conditions: During the ordering process, the Customer must accurately declare whether they are acting as a natural person Consumer, an SME, or another business undertaking. Where the Customer acts as an SME, the Service Provider shall determine whether the conditions for the consumer protection provisions referred to in Section 6:157(3) of the Hungarian Civil Code are satisfied on the basis of the actual circumstances of the contract and the declarations made by the SME.
Classification as an SME does not automatically confer the Consumer's statutory right of withdrawal under Government Decree No. 45/2014 (26 February 2014) or any other rights that are exclusively available to natural person Consumers.
Where the purchase is made as a taxable person with a tax number (including, for example, a business entity, sole trader, or agricultural producer), the company name/name, tax number, and billing address must be provided. The person acting on behalf of the taxable person shall be responsible for the accuracy and truthfulness of the information provided. The Service Provider accepts no liability for any consequences arising from incorrectly provided billing details (including, for example, the need to amend an invoice retrospectively).
9.5. Selection of Delivery Method and Payment Method
The Customer shall also select the delivery method and payment method on the Order page.
Delivery methods:
- GLS home delivery;
- Collection from a GLS ParcelShop;
- Collection from a GLS parcel locker;
- MPL home delivery;
- Collection from an MPL parcel locker;
- Collection from an MPL Parcel Point.
The Service Provider does not offer personal collection at its premises.
Payment Method: Online Card Payment
The Customer may pay the total amount of the order by online bank card through the payment service provided by Stripe.
Card payments are processed through Stripe's secure encrypted payment system. The payment card details required for payment are entered exclusively on Stripe's payment interface. The Service Provider neither requests nor directly processes the complete payment card details, including the full card number or security code.
During the payment transaction, Stripe processes and transmits the payment details for the purpose of authorising the transaction. Where authorisation is successful, the card issuer may temporarily reserve the relevant amount against the Customer's available balance or credit limit. Authorisation alone does not constitute the final collection of funds.
The Service Provider shall initiate the actual capture of the authorised payment amount after accepting the order and commencing performance, in accordance with the applicable payment process.
Where a transaction has been authorised but is not ultimately captured, the release of the authorised amount shall be governed by the rules of the card issuer and the payment service provider.
Stripe shall notify the Service Provider electronically of the successful payment transaction, the authorisation, and the subsequent capture of the payment.
To make an online card payment, the Customer must have an internet connection and a web browser capable of secure encrypted data transmission.
The additional terms governing the use of Stripe's payment services shall be those contained in Stripe's own contractual terms and privacy notice. The Service Provider's Privacy Notice also contains information regarding the personal data processing carried out by Stripe.
If payment fails for any reason (including insufficient funds, network failure, or refusal by the card issuer), the order shall not be finalised. The Service Provider shall notify the Customer through the payment interface and/or by email and shall provide the opportunity to repeat the payment.
9.6. Review of the Order Summary
Before finally submitting the order, the Customer may review, on a summary screen, all of the information entered, the selected payment and delivery methods, the total amount payable, and the customised product parameters. If any information requires correction, the Customer may return to the relevant step and amend it.
Before submitting the order, the Customer shall be informed during the ordering process of the price of the product(s), the applicable delivery charges, any additional costs associated with fulfilment of the order, any delivery restrictions, the available collection methods, and the available payment methods. Where any individual clarification is required in relation to these matters, the Service Provider shall contact the Customer separately.
9.7. Acceptance and Acknowledgement of the Terms and Conditions and Privacy Notice
The Customer must accept and acknowledge these Terms and Conditions and the Privacy Notice by ticking the relevant checkbox preceding the declaration confirming such acceptance and acknowledgement. Without this confirmation, the order cannot be submitted.
9.8. Submission of the Order
The order is submitted by clicking the "Order and Pay" button, after which the Customer is redirected to the payment interface. By placing the order, the Customer acknowledges that the order gives rise to a payment obligation. By submitting the order, the Customer makes an offer to conclude a contract with the Service Provider.
IF the Customer is a Consumer, they shall be entitled, pursuant to Section 20(4) of Government Decree No. 45/2014 (26 February 2014) on the detailed rules governing contracts between Consumers and businesses, to withdraw their order (offer) (“Cancellation of the Order”) before the contract is concluded, thereby terminating the binding nature of their offer.
By adding a product to the shopping basket, the User expressly approves the product they have designed, including all of its visual elements, colours, patterns, names, text, layout, and size.
The User acknowledges that every product created through the design application is manufactured exclusively for the relevant order on the basis of the parameters individually specified by the User (including graphics, names, text, colours, layout, size, AI-generated content, and similar elements). The product constitutes a made-to-order product manufactured in accordance with the User's express instructions and is not a pre-manufactured product, its personalised nature meaning that it cannot reasonably be sold to another person except at a disproportionate economic loss.
The Service Provider shall perform in accordance with the design approved by the User. Differences, quality objections, or defects resulting from information, layouts, low-resolution images, spelling mistakes, or other characteristics of the approved customised design shall not constitute defective performance by the Service Provider.
The Service Provider shall commence production only after the order has been submitted, the purchase price has been paid, and the order has been accepted by the Service Provider, and shall manufacture the product on the basis of the customised design prepared and approved by the Customer.
9.9. Availability of the Contractual Terms
The Service Provider ensures that, before the contract is concluded, the User is able to examine in full the content of the contract, the product description, the information notices, the contractual terms, and all notices, declarations, and other documents referred to therein. The contractual terms, notices, and declarations may be accessed at any time via the direct links displayed at the bottom of the Website and via the links embedded in the declarations displayed during the ordering process. Information regarding the technical steps required for concluding an electronic contract and other relevant details is set out in these Terms and Conditions.
9.10. Technical Means for Identifying and Correcting Data Entry Errors
In accordance with Section 6(1) of the Hungarian E-Commerce Act (Act CVIII of 2001), the Service Provider provides appropriate, effective, and accessible technical means enabling the Customer to identify and correct data entry errors before finally submitting the order. During the ordering process, the following technical options are available for identifying and correcting errors:
Shopping Basket: The names, customised parameters, quantities, and prices of products placed in the basket may be viewed at any time. Quantities may be changed by editing the quantity field or using the corresponding controls, and unwanted products may be removed from the basket at any time by clicking the delete (bin) icon (see Section 9.2).
Customer, Billing, and Delivery Details: The information entered into the order forms (including name, address, telephone number, and email address) may be freely corrected, amended, or deleted on a field-by-field basis. The system displays error messages where mandatory fields are incomplete or where the format of entered data is clearly incorrect (such as an invalid email address or missing postcode), and the order cannot proceed until such errors have been corrected.
Order Summary Screen: Before finally submitting the order, the Customer may review all entered information, the selected payment and delivery methods, the total amount payable, and the customised product parameters on the summary screen (see Section 9.6). If any information requires amendment, the Customer may return to the relevant step and correct it.
Until submission, all order details and parameters may be reviewed, amended, or deleted at any time.
9.11. Acknowledgement of Receipt of the Order and Formation of the Contract
9.11.1. Automatic Acknowledgement of Receipt
Upon receipt of the Customer's order, the Service Provider shall promptly acknowledge receipt electronically by means of an automatic confirmation email sent to the email address provided by the Customer, and in any event no later than 24 hours after submission of the order. This automatic confirmation shall be sent every day of the week, including public holidays.
If this acknowledgement is not received by the Customer within 24 hours of submitting the order, the Customer shall cease to be bound by the offer and cannot be required to perform the contract.
The order and its acknowledgement shall be deemed received by the Service Provider and the Customer respectively when they become accessible to the relevant party.
This automatic confirmation serves solely as confirmation that the order has been successfully received by the Service Provider and does not constitute acceptance of the Customer's offer to purchase. The contract is not concluded by this confirmation.
9.11.2. Substantive Processing and Acceptance of the Order
Orders are processed substantively on working days. Orders placed on Fridays, weekends, or public holidays shall begin substantive processing on the first subsequent working day.
Following receipt of the order, the Service Provider shall verify whether it is compliant and capable of being fulfilled. Where the order can be fulfilled, the Service Provider shall notify the Customer by separate email of acceptance of the order and commencement of the production process (Acceptance Notice), or shall inform the Customer of any obstacle preventing fulfilment.
The Service Provider reserves the right to reject an order at any time before accepting it. Where acceptance is refused, the Service Provider shall notify the Customer electronically without undue delay. If the Customer has already paid the purchase price before such refusal, the Service Provider shall refund the amount paid.
9.11.3. Formation of the Contract
The contract for the purchase of the product is concluded upon the Service Provider's Acceptance Notice, which is sent electronically by email confirming acceptance of the order. The contract comes into existence at the moment when the Acceptance Notice becomes accessible to the Customer within their email system.
This should not be confused with the automatic acknowledgement referred to in Section 9.11.1, which merely confirms receipt of the order.
The Service Provider shall commence production only after the order has been submitted, the purchase price has been paid, and the order has been accepted by the Service Provider, on the basis of the customised design prepared and approved by the Customer.
The standard production period is 10–15 days from the Service Provider's acceptance of the order. Where production times are affected by high order volumes or operational capacity, the production period may differ; in such cases, the Service Provider shall contact the Customer without undue delay and notify them electronically of the expected production time.
9.12. Identification and Correction of Data-Entry Errors After Submission of the Order
If the Customer has inadvertently provided incorrect information in the customer or delivery details (e.g. address, name or telephone number) and subsequently becomes aware of the error, the Customer shall notify the Service Provider without undue delay (but no later than before the order is handed over to the courier service), by telephone or e-mail, so that the Service Provider may correct the order as soon as possible.
It shall not be possible to subsequently amend any error in the customised design of the ordered product (e.g. a misspelt name/incorrect number). If the User identifies such an error before receiving the e-mail confirming acceptance of the order, the User shall have the right to withdraw the offer pursuant to Section 9.8. (cancellation of the order). Thereafter, the order cannot be cancelled, and the order must be placed again using the desired design.
The Customer shall be responsible for the accuracy and legal compliance of the data, graphic elements and other materials provided and used by the Customer during the design process. A discrepancy resulting from the customised parameters approved by the Customer (e.g. a misspelt name, text, graphic or selected size) shall not constitute defective performance, provided that the Service Provider has performed the order in accordance with such parameters.
A service performed by the Service Provider on the basis of a customised design approved by the Customer shall not constitute defective performance provided that the manufactured product conforms to the approved parameters, irrespective of whether it meets the Customer’s subjective expectations.
The Customer acknowledges that, as part of the correction of defects, only the defects specified in this section may be rectified; no other modification, cancellation of the order or withdrawal from the contract shall be permitted.
9.13. Customer Responsibility and Other Provisions
The User/Customer acknowledges that the products available for order through the Website are manufactured at the Consumer's express request and on the basis of the customised graphic, textual, colour, size, and other specifications provided by the Customer, and are not pre-manufactured products. Accordingly, pursuant to Section 29(1)(c) of Government Decree No. 45/2014 (26 February 2014) on the detailed rules governing contracts between Consumers and businesses, Consumers are not entitled to a right of withdrawal without giving reasons in respect of such products.
A valid order may only be placed through the online ordering system available on the Website. The Service Provider shall not accept complaints submitted after fulfilment in respect of spelling mistakes, false information, or incorrect details contained in the online order placed through the Website, nor shall the Service Provider accept liability for the consequences arising therefrom, provided that the Customer did not notify the Service Provider of the relevant data entry error before completion of fulfilment (see Sections 9.10 and 9.12).
The Customer may exercise any statutory right of withdrawal available under the applicable legislation, subject to the fact that no statutory right of withdrawal exists for individually designed, made-to-order products.
The Service Provider shall process, store, and protect the personal data provided during the ordering process in accordance with applicable legislation. Further details are contained in the Privacy Notice.
By submitting the order, the Customer declares that they have read and accepted these Terms and Conditions and the rules contained in the notices, declarations, and policies available on the Website, and acknowledges that they are legally bound by them.
- Determination of the Purchase Price
10.1. The User may obtain information on the current retail prices of the Products on the product pages of the online shop and on the product configuration interface. The prices displayed are gross prices stated in Hungarian forints (HUF), inclusive of the value added tax (VAT) prescribed by law. The purchase prices displayed do not include the cost of delivery, which shall be borne by the User in accordance with the delivery method selected during the ordering process. The Service Provider does not charge a separate packaging fee. Before completing the payment process, the User shall be clearly informed on the summary page of the total gross amount payable, including all ancillary costs (including the delivery fee).
10.2. If, due to a system error, technical malfunction or manifest typographical error on the online shop interface, an incorrect price is displayed which differs materially and manifestly from the actual market value of the Product (in particular, a price of HUF 0 or HUF 1, or an obvious order-of-magnitude error compared with the realistic price range), the Service Provider shall not be obliged to sell the Product at the erroneous price.
An order placed by the Customer shall constitute an offer to purchase within the meaning of the Hungarian Civil Code. The automated e-mail sent immediately following the placing of the order merely confirms receipt of the order by the Service Provider and shall not constitute acceptance of the offer to purchase. The contract shall be concluded upon the sending of a separate, express acceptance e-mail containing the details of the order, the individual manufacturing parameters and confirmation of performance.
In the event of a manifestly erroneous price, prior to the conclusion of the contract (i.e. prior to the sending of the second confirmation), the Service Provider shall contact the Customer and offer the Product for purchase at the correct price. In this regard, the Customer may decide whether to maintain the order at the correct price or withdraw from the purchase.
10.3. The Service Provider reserves the right to amend the prices displayed on the website. Any change in price shall take effect upon publication in the online shop and shall not affect the purchase price of orders already validly placed, except in the case of a manifestly erroneous price as regulated in Clause 10.2.
- Delivery and Payment Terms
11.1. The Service Provider shall arrange for the delivery of the Product selected and ordered in the online shop to the delivery address provided by the User during the ordering process, at the price and within the time limit specified in the confirmation of acceptance of the order sent by e-mail to the Customer, against payment of the delivery fee indicated on the website. The User may ascertain the delivery fee during the order submission process and may obtain information on the applicable delivery arrangements under the “Delivery” section of the website containing information on delivery.
11.2. Delivery Period
The ordered Product(s) shall be handed over to the courier service within 2 (two) working days following completion of manufacture.
11.3. The Service Provider uses the following carrier (courier service) (hereinafter: the “Courier Service”):
GLS General Logistics Systems Hungary Csomag-Logisztikai Korlátolt Felelősségű Társaság
Abbreviated name: GLS General Logistics Systems Hungary Kft.
Company registration number: 13-09-111755
Tax number: 12369410-2-44
Registered office: 2351 Alsónémedi, GLS Európa u. 2.
Postal address: 2351 Alsónémedi, GLS Európa u. 2.
Telephone: +36 29 886 670
Fax: +36 29 886 610
E-mail: info@gls-hungary.com
Website: https://gls-group.eu/HU/hu/home
Pursuant to its agreement with the Service Provider, the Courier Service shall deliver the ordered Product to the User within 2 working days from dispatch, or, in the case of delivery abroad, within 1–3 working days. Further rules relating to delivery are set out in the “DELIVERY INFORMATION” section of the website and in the “General Business Conditions” document available on the website of GLS General Logistics Systems Hungary Kft. (https://gls-group.eu/HU/hu/altalanos-uzleti-feltetelek).
Magyar Posta Zártkörűen Működő Részvénytársaság
Abbreviated name: Magyar Posta Zrt.
Company registration number: 01-10-042463
Tax number: 10901232-2-44
Registered office: 1138 Budapest, Dunavirág utca 2–6.
Telephone: +36 1 767 8282
Fax: +36 46 320 136
E-mail: ugyfelszolgalat@posta.hu
Website: https://posta.hu/
The Courier Service shall deliver the ordered Product to the User within 2 working days from dispatch. Magyar Posta Zrt. delivers exclusively to domestic addresses. Further rules relating to delivery are set out in the “DELIVERY INFORMATION” section of the website and in the document entitled “General Terms and Conditions of the MPL Business Parcel Carriage Service” available on the website of Magyar Posta Zrt. (https://posta.hu/static/internet/download/EASZF_I_MPL_Uzleti_csomag_fuvarozas_ASZF.pdf).
11.4. Delivery Point:
GLS General Logistics Systems Hungary Csomag-Logisztikai Korlátolt Felelősségű Társaság
Abbreviated name: GLS General Logistics Systems Hungary Kft.
Company registration number: 13-09-111755
Tax number: 12369410-2-44
Registered office: 2351 Alsónémedi, GLS Európa u. 2.
Postal address: 2351 Alsónémedi, GLS Európa u. 2.
Telephone: +36 29 886 670
Fax: +36 29 886 610
E-mail: info@gls-hungary.com
Website: https://gls-group.eu/HU/hu/home
company (hereinafter: the “Carrier”).
Pursuant to its agreement with the Service Provider, the Courier Service shall deliver the ordered Product within 2 (two) working days from dispatch to the business contracted to provide the delivery point service selected by the Customer. Further information relating to delivery is set out in the “DELIVERY INFORMATION” section of the website and in the “General Business Conditions” document available on the website of GLS General Logistics Systems Hungary Kft. (https://gls-group.eu/HU/hu/altalanos-uzleti-feltetelek).
11.5. Parcel Locker:
GLS General Logistics Systems Hungary Csomag-Logisztikai Korlátolt Felelősségű Társaság
Abbreviated name: GLS General Logistics Systems Hungary Kft.
Company registration number: 13-09-111755
Tax number: 12369410-2-44
Registered office: 2351 Alsónémedi, GLS Európa u. 2.
Postal address: 2351 Alsónémedi, GLS Európa u. 2.
Telephone: +36 29 886 670
Fax: +36 29 886 610
E-mail: info@gls-hungary.com
Website: https://gls-group.eu/HU/hu/home
company (hereinafter: the “Carrier”).
Pursuant to its agreement with the Service Provider, the Carrier shall deliver the ordered Product within 2 (two) working days from dispatch to the parcel locker selected by the User. Further rules relating to delivery are set out in the “DELIVERY INFORMATION” section of the website and in the “General Business Conditions” document available on the website of GLS General Logistics Systems Hungary Kft. (https://gls-group.eu/HU/hu/altalanos-uzleti-feltetelek).
11.6. Delay in Taking Delivery. Pursuant to the contract concluded as a result of the Customer’s order, the Customer shall be obliged to pay the price of the Product(s), the delivery fee and any other costs relating to the performance of the order which were communicated to the Customer prior to the placing or finalisation of the order, and to take delivery of the Product. If the Customer fails to take delivery of the Product at the time or within the period specified for taking delivery (delay in taking delivery), the Service Provider shall, pursuant to Section 6:156(3) of the Hungarian Civil Code, be obliged to take the measures necessary for the preservation of the item. The Service Provider may pass on to the Customer the substantiated storage and safekeeping costs incurred during the period of delay in taking delivery. Pursuant to Sections 6:585(4) and 6:322(1) of the Hungarian Civil Code, the Service Provider shall be obliged to segregate, safeguard and account for the property in its custody.
11.7. Failed Delivery. If the Customer fails to take delivery of the parcel even within the above-mentioned period: (a) in the case of a non-custom-manufactured Product, the Service Provider shall be entitled to sell the Product to a third party and refund the purchase price to the Customer after deduction of the costs incurred (storage, repackaging and re-dispatch); (b) in the case of a custom-manufactured Product — having regard to the fact that, by its nature, such Product cannot be sold to another person or can only be sold at a disproportionate economic disadvantage — the Service Provider shall not be obliged to refund the purchase price. In such case, the Service Provider shall store the Product at the Customer’s expense for a further period of 30 days, following which it shall be entitled to destroy the Product. During the storage period, the Customer may request re-delivery of the Product against payment of the delivery costs. In such event, if the Product is returned to the Service Provider and the Customer has paid the purchase price of the ordered Product in advance, the Service Provider shall refund the purchase price after deduction of the transaction costs and the cost of return delivery. The delivery fee and any other costs shall not form part of the purchase price and shall not be refunded in such circumstances. The Service Provider shall also be entitled to deduct from the amount to be refunded the cost of returning to the Service Provider a Product which was not taken delivery of, unless such failure to take delivery resulted from the exercise of the right of withdrawal without giving reasons or from the assertion of a warranty claim. If the Customer has not paid the price of the Product in advance and fails to take delivery in accordance with the foregoing, the Service Provider may claim the costs of delivery and return delivery, as well as any other costs incurred in connection with its performance and communicated in advance.
11.8. The Customer shall inspect the quantity and condition of the ordered Product(s) and the presence of the requisite documents at the place and time of delivery, upon taking delivery, and shall notify the Carrier immediately of any damage, shortage or other discrepancy. If the Customer identifies any damage or discrepancy in the delivered Product upon delivery, the Carrier shall, at the Customer’s request, hand over the goods item by item and shall draw up an on-site report recording the same and any discrepancies or damage observed in the Product. The Service Provider shall be liable to the Customer for any damage to the Product occurring during carriage until the time at which the Product is handed over to the Customer. The Customer’s failure to carry out the inspection required upon taking delivery shall not affect the User’s statutory rights in respect of non-conformity. The Customer shall be entitled to exercise such rights in accordance with the relevant provisions of these General Terms and Conditions and the applicable legislation.
11.9. If, during performance, the Service Provider is nevertheless unable, for a reason arising within its own sphere of responsibility, to send or hand over the ordered and already paid-for Product to the Customer within the time limit specified in these General Terms and Conditions or otherwise agreed separately, it shall notify the Customer without undue delay following the occurrence of the impediment to performance and, if it is entirely unable to perform the order, shall refund to the Customer, within 14 days of the occurrence of the impediment, the full amount paid by the Customer in connection with the order.
11.10. The Customer may pay the purchase price of the ordered Product(s), together with the delivery fee, in the following manner.
Advance payment by online bank card payment: advance payment using the online bank card payment service selected by the Customer during the order submission process.
When making an online bank card payment, the Customer shall provide the bank card details required for the payment directly to the payment service provider. The Service Provider shall not have access to the bank card details. Further terms and conditions applicable to online bank card payments shall be governed by the terms and conditions of the payment service provider, which the Customer may review on the payment service provider’s interface prior to making the payment, to which the Customer shall be redirected during the ordering process.
2.11. The Service Provider does not provide for personal collection of the ordered Product(s).
2.12. The Service Provider shall send the invoice in electronic form to the e-mail address provided by the Customer during the ordering process. The Customer shall provide an e-mail address to which the Customer has access and which the Customer uses regularly.
If the Customer requests a paper invoice, the Customer may notify the Service Provider of such request using the contact details indicated on the website. The Service Provider shall send the paper invoice to the Customer.
- Product Reviews
The Customer may review Products purchased on the Website by giving a rating of 1–5 stars and providing a written review. A review may only be submitted by a purchaser who has actually purchased the relevant Product, and may be submitted within 30 days of receipt of the Product.
A review may be submitted on the Product page after logging in. When submitting a review, the Customer shall provide their name and e-mail address, together with a 1–5-star rating and, at the Customer’s option, a written review. On the 1–5 rating scale, 1 star represents the lowest level of satisfaction, while 5 stars represents complete satisfaction. The Customer’s e-mail address shall not be published on the publicly accessible interface. Reviews shall be submitted in accordance with the provisions of the Privacy Notice.
The Service Provider shall publish reviews following a review of their content. The Service Provider may refuse to publish or may remove, in particular, any review which breaches applicable law, conflicts with these General Terms and Conditions, infringes the rights of a third party, contains false or misleading content, or is vulgar, hateful, offensive or otherwise unlawful.
A review may relate exclusively to the Product purchased and may not concern the Service Provider’s other services, including, in particular, delivery or customer service.
The Service Provider shall not provide any consideration for reviews and shall not publish only positive reviews. The Service Provider may remove a review where its unlawful or misleading nature can be substantiated; it may not remove a review solely because it is negative or unfavourable.
The Service Provider reserves the right not to publish a review which is unlawful or does not comply with the conditions set out in this Clause, or to remove a review which has already been published.
- Sales to Foreign Customers
The Service Provider does not, in respect of the use of the Website and access to the Products available thereon, distinguish between Users located within Hungary and Users located outside Hungary but within the territory of the European Union, and therefore does not restrict Users’ access on the basis of their nationality, place of residence or place of establishment.
Within the European Union, the Service Provider shall accept and fulfil orders only for delivery addresses to which the relevant delivery service provider provides delivery services. The countries to which delivery is currently available and the available delivery methods shall be indicated during the ordering process.
The Website and these General Terms and Conditions are available in Hungarian and English. Orders may be placed and contracts may be concluded in Hungarian or English. The Service Provider shall conduct communications relating to the performance of the contract in one of these languages.
The Customer may ascertain the delivery fee applicable to deliveries abroad and the available delivery methods during the ordering process and prior to finalising the order.
The Service Provider shall fulfil orders from abroad in accordance with the delivery terms indicated on the Website and/or specified during the ordering process. If delivery to the selected delivery address cannot be completed for a reason for which the Service Provider is not responsible, the Service Provider shall inform the User thereof, and the parties shall agree accordingly on the further performance of the relevant order.
The Service Provider shall apply the prices and taxes indicated on the Website in accordance with the applicable tax legislation.
Orders from abroad shall be governed by these General Terms and Conditions, provided that these General Terms and Conditions shall not restrict any rights to which the Consumer is entitled under the mandatory consumer protection provisions applicable in the country of the Consumer’s habitual residence.
The Service Provider shall fulfil the order following payment of the delivery fee. If the Customer fails to pay the delivery fee to the Service Provider, the Service Provider shall terminate the contract and refund to the Customer the purchase price paid in advance.
- Non-Conforming Performance, Statutory Warranty for Defects, Product Liability and Right of Withdrawal
14.1. Non-Conforming Performance
14.1.1. The Service Provider shall be in breach of the contract by reason of non-conforming performance if, at the time of performance, the Product does not comply with the quality and conformity requirements prescribed by the contract or by law.
14.1.2. The Service Provider shall not be liable for non-conforming performance if the Customer knew of the defect at the time of conclusion of the contract, or ought to have known of the defect at that time. In the case of custom-manufactured Products produced on the basis of the User’s individual instructions, any discrepancy resulting from a graphic design, text, layout or size approved or provided by the User shall not constitute non-conforming performance by the Service Provider, provided that the Service Provider manufactured the Product in accordance with the approved design and data. This provision shall not affect the Service Provider’s statutory liability for non-conforming performance.
14.1.3. In a contract between a Consumer and the Service Provider, pursuant to Section 11(1) of Government Decree No. 373/2021 (VI. 30.), until evidence to the contrary is provided, it shall be presumed that any defect discovered within 1 (one) year from the date of performance already existed at the time of performance, unless such presumption is incompatible with the nature of the goods or the nature of the defect. During this one-year period, the burden of proof shall lie with the Service Provider.
In the case of an SME falling within the scope of Section 6:157(3) of the Civil Code, the legal basis for the presumption of non-conforming performance is Section 6:158 of the Civil Code. Section 11 of Government Decree No. 373/2021 (VI. 30.) does not apply directly to such an SME; accordingly, in the case of an SME, the period of the presumption shall be six months following performance.
14.1.4. The User may notify the Service Provider of claims arising from non-conforming performance orally (in person or by telephone) or in writing (by post or e-mail), specifying the details of the order and describing the defect. The Service Provider shall draw up a written record of any oral notification made by a Consumer and shall provide the Consumer with a copy thereof or send it electronically.
14.2. Statutory Warranty for Defects
14.2.1. In the event of non-conforming performance by the Service Provider, the User may enforce a statutory warranty claim for defects:
- in the case of a Consumer, in accordance with the provisions of the Civil Code and Government Decree No. 373/2021 (VI. 30.) on the detailed rules governing contracts between consumers and businesses for the sale of goods and for the supply of digital content and digital services;
- in the case of any other User who is neither a Consumer nor an SME within the meaning of Section 6:157(3) of the Civil Code (including a business acting in the course of its profession, independent occupation or business activity), in accordance with the general provisions of the Civil Code governing non-conforming performance (Sections 6:157–6:167 of the Civil Code).
14.2.2. At the User’s option, the following statutory warranty remedies may be exercised:
- The User may primarily request repair or replacement, unless the chosen remedy is impossible to perform or would involve disproportionate additional costs for the Service Provider compared with the other remedy.
- If the Service Provider has not undertaken to carry out the repair or replacement, or cannot fulfil that obligation within a reasonable period and in a manner that safeguards the User’s interests, or if the User’s interest in repair or replacement has ceased to exist, the User may request an appropriate reduction in the consideration or withdraw from the contract (terminate the contract).
- In the case of a consumer contract, the Consumer may not repair the defect themselves, or have it repaired by a third party, at the Service Provider’s expense.
- The rules applicable to consumer contracts shall apply to an SME falling within the scope of Section 6:157(3) of the Civil Code; accordingly, such SME may not repair the defect themselves, or have it repaired by a third party, at the Service Provider’s expense.
14.2.3. Pursuant to Government Decree No. 373/2021 (VI. 30.), a Consumer shall be entitled, in proportion to the seriousness of the breach of contract, to request an appropriate reduction in the consideration or to terminate the contract with immediate effect where:
- the Service Provider has not carried out the repair or replacement, or has refused to do so;
- a repeated instance of non-conforming performance has occurred despite the Service Provider having attempted to bring the goods into conformity with the contract;
- the defect in performance is of such a serious nature as to justify an immediate reduction in price or immediate termination of the contract; or
- it is apparent from the circumstances that the Service Provider will not bring the goods into conformity with the contract within a reasonable period or without causing significant inconvenience to the Consumer.
14.2.4. Withdrawal from the contract (termination) shall not be available in respect of an insignificant defect. In the case of a consumer contract, the burden of proving that the defect is insignificant shall lie with the Service Provider.
14.2.5. The User shall be entitled to withhold the outstanding part of the purchase price in proportion to the seriousness of the breach of contract until the Service Provider has fulfilled its obligations arising from the non-conforming performance.
14.2.6. The User may change from the statutory warranty remedy originally selected to another remedy, provided that the costs arising from such change shall be borne by the User, unless the change was justified or was necessitated by the Service Provider.
14.2.7. The User shall notify the Service Provider of the defect without undue delay after discovering it. In the case of a Consumer, a defect notified within 2 (two) months of its discovery shall be deemed to have been notified without undue delay. The User shall be liable for any loss arising from late notification.
- A Consumer’s statutory warranty claim shall become time-barred 2 (two) years after the date of performance.
- An SME falling within the scope of Section 6:157(3) of the Civil Code shall, by virtue of the application of the rules applicable to consumers, have a statutory warranty claim which becomes time-barred 2 (two) years after the date of performance, provided that the purchase was made for a purpose outside the SME’s profession, independent occupation or business activity.
14.2.8. The costs associated with fulfilling the statutory warranty obligation shall be borne by the Service Provider. In the case of a consumer contract, the Service Provider shall, at its own expense, arrange for the return of the replaced goods.
14.2.9. In the event of lawful withdrawal from the contract (termination), the User shall return the Product to the Service Provider. In the event of withdrawal due to non-conforming performance, the direct cost of returning the Product shall be borne by the Service Provider, and the return shall be arranged through the GLS courier service’s return service; in the event of withdrawal without giving reasons, the direct cost of returning the Product shall be borne by the Consumer. Following receipt of the Product or receipt of credible evidence of its return, the Service Provider shall refund the purchase price without undue delay and, in any event, no later than 14 days thereafter, using the same payment method as was used for the original transaction.
14.3. Product Liability
14.3.1. Consumer. A statutory product liability claim under the Civil Code shall be available to the Consumer where the statutory conditions are satisfied.
14.3.2. SME falling within the scope of Section 6:157(3) of the Civil Code. Pursuant to Section 6:157(3) of the Civil Code, the provisions of Chapter XXIV of the Civil Code applicable to consumers shall also apply to an SME acting outside the scope of its profession, independent occupation or business activity. Accordingly, such SME may exercise the product liability rights set out in Chapter XXIV of the Civil Code where the statutory conditions are satisfied.
14.3.3. The rights and time limits applicable to product liability claims, and the conditions under which the manufacturer or distributor may be exempted from liability, shall be governed by Sections 6:168–6:170 of the Civil Code and the mandatory statutory provisions relating thereto.
14.3.4. The Consumer may enforce a product liability claim within 2 (two) years from the date on which the Product was placed on the market by the Manufacturer. This time limit shall be a limitation period resulting in forfeiture of the right. The Consumer shall bear the burden of proving that the defect existed at the time the Product was placed on the market.
14.3.5. The Manufacturer shall be exempt from its product liability obligation only if it proves that:
- it did not manufacture or place the Product on the market in the course of its business activity or independent occupation;
- the defect could not, according to the state of scientific and technical knowledge, have been recognised at the time the Product was placed on the market; or
- the defect in the Product resulted from the application of legislation or a mandatory requirement imposed by a competent authority.
14.3.6. In respect of the same defect, the Consumer may not enforce a statutory warranty claim for defects and a product liability claim simultaneously or in parallel. However, where a product liability claim is successfully enforced, the Consumer may enforce a statutory warranty claim for defects in respect of the replacement Product or the part affected by the repair against the Manufacturer.
14.4. Right of Withdrawal Without Giving Reasons (Government Decree No. 45/2014 (II. 26.))
14.4.1. In the case of a distance contract, the Consumer shall have the right to withdraw from the contract without giving reasons within 14 (fourteen) calendar days from the date on which the Product is received or, where several Products are supplied under a single order, from the date on which the last Product is received. If the Service Provider has failed to comply with its obligation to provide information concerning the right of withdrawal, the withdrawal period shall be extended by 12 months. Users who are not Consumers (SMEs and businesses) shall not have the right to withdraw without giving reasons.
14.4.2. Pursuant to Section 29(1) of Government Decree No. 45/2014 (II. 26.), the Consumer shall not have the right to withdraw without giving reasons in respect of the following Products:
- Custom-made and personalised Products (Section 29(1)(c)) a non-prefabricated Product which has been manufactured specifically in accordance with the Consumer’s individual instructions or at the Consumer’s express request, or which has clearly been personalised for the Consumer. This includes, in particular, sportswear Products manufactured at the Consumer’s request with an individual inscription, name, race number, bespoke graphic or logo, or according to individual dimensions.
- Hygiene and health protection Products (Section 29(1)(e)): a Product supplied in sealed packaging (including, in particular, cycling shorts with an integrated hygiene pad, sports bras and sports underwear intended to come into direct contact with intimate areas of the body) which, for reasons of health protection or hygiene, cannot be returned after the packaging has been opened following delivery, provided that the hygienic packaging or security seal protecting the Product has been opened or removed by the Consumer after delivery.
14.4.3. Pursuant to Section 20 of Government Decree No. 45/2014 (II. 26.), the Consumer shall have a 14-day right to withdraw without giving reasons in respect of Products ordered without any bespoke graphic or inscription, where the order involves only the selection of a standard size and basic colour (e.g. Products without a design or pattern).
14.4.4. Right of withdrawal without giving reasons in the case of an SME: Section 6:157(3) of the Civil Code affords SMEs consumer protection only in respect of the provisions of Chapter XXIV of the Civil Code governing non-conforming performance which apply to consumers. Accordingly, SMEs shall not, unless otherwise provided by a separate statutory provision, have the 14-day right of withdrawal without giving reasons under Government Decree No. 45/2014 (II. 26.).
In the case of the custom-made and personalised Products referred to in these General Terms and Conditions, the exclusion of the Consumer’s right to withdraw without giving reasons shall be assessed on the basis of Section 29(1)(c) of Government Decree No. 45/2014 (II. 26.). This provision shall not apply to SMEs as an extension of the right of withdrawal.
14.4.5. Procedure for exercising the right of withdrawal:
The Consumer shall communicate their unequivocal decision to withdraw from the contract to the Service Provider using the contact details specified in these General Terms and Conditions, in writing (by post or e-mail), orally, or by using the online withdrawal function available in their user account [DRTL1] (the “I withdraw from the contract” button). For this purpose, the Consumer may also use the model withdrawal/termination form contained in Annex 1 to these General Terms and Conditions and downloadable from the Website [DRTL2] (the model set out in Annex 2 to Government Decree No. 45/2014 (II. 26.)). The use of the model form shall not be mandatory for the Consumer; the Consumer may communicate their intention to withdraw by any other unequivocal statement. The Service Provider shall acknowledge receipt of the withdrawal statement electronically without undue delay.
The deadline shall be deemed to have been complied with if the Consumer sends the withdrawal statement before expiry of the 14-day withdrawal period. In the case of an oral withdrawal statement, the Consumer shall bear the burden of proving the fact, date and content of the withdrawal; accordingly, simultaneous written confirmation of the statement is recommended. The Consumer shall bear the burden of proving that the right of withdrawal was exercised in the manner and within the time limit specified herein.
The Service Provider shall acknowledge receipt of the withdrawal statement (including requests received through the online withdrawal function) without undue delay on a durable medium (electronically). Registration of the statement shall not constitute automatic acceptance or acknowledgement of the validity of the right of withdrawal. The Service Provider shall examine whether the Product concerned falls within any of the exceptions set out in Clause 14.4.2 (custom-made, personalised or opened hygienic Products) and shall provide the Consumer with a reasoned electronic notification of the outcome of such assessment.
In the event of lawful withdrawal, the Consumer shall return the Product to the Service Provider without undue delay and, in any event, no later than 14 days from the date on which the withdrawal statement was communicated. The direct cost of returning the Product shall be borne by the Consumer.
Following receipt of the Product (or credible evidence of its return), the Service Provider shall refund to the Consumer, without undue delay and, in any event, no later than 14 days thereafter, the full amount paid by the Consumer, including the delivery fee incurred in connection with performance (except for any additional costs arising from a delivery method selected by the Consumer which differs from the least expensive standard delivery method). The refund shall be made using the same payment method as was used by the Consumer for the original transaction.
- Liability
- The Service Provider shall exercise the degree of care reasonably expected of it in the performance of the Agreement. The Service Provider shall not be liable for any direct or indirect loss or damage arising from the malicious or abusive use of the Website or from the unavailability of the Internet service provider. The Service Provider shall not be liable for technical disruptions, including, in particular, interruptions to electricity supplies or computer networks. This is without prejudice to the fact that the Internet is an open network and cannot be regarded as a secure network.
With regard to any loss or damage arising from the destruction, delayed receipt or other failure of messages or orders transmitted electronically, the Service Provider's liability shall be governed as follows: (a) in the case of an Ordering Party qualifying as a Consumer, the Service Provider's liability shall be governed by the general rules on damages under the Hungarian Civil Code (Sections 6:142–6:144 of Act V of 2013 on the Civil Code (Ptk.)). The Service Provider's liability towards a Consumer for a breach of contract caused intentionally, or resulting in harm to human life, physical integrity or health, may neither be excluded nor limited (Section 6:152 of the Ptk.). (b) In the case of an Ordering Party that does not qualify as a Consumer (i.e. an undertaking), the Service Provider shall be liable only for loss or damage resulting from its wilful misconduct, gross negligence or breach of its material contractual obligations. In such cases, the Service Provider's liability shall be limited to the net value of the relevant order.
- The Service Provider does not warrant that the product is suitable for any particular purpose envisaged by the User which has not been discussed with the Service Provider prior to the conclusion of the Agreement and the suitability of which has not been confirmed by the Service Provider during such discussions. The information set out in the product description and instructions shall govern the use of the product; however, the Service Provider shall not be liable for deviations arising from the specific circumstances in which the product is used.
- The Service Provider shall not be liable for complaints arising from the subjective assessment of bespoke designs or from technically unavoidable and reasonable deviations. This limitation of liability shall not affect the statutory rights of Consumers in respect of statutory warranty for defects (kellékszavatosság), product warranty (termékszavatosság), statutory guarantee (jótállás) or any other mandatory consumer protection rights to which they are entitled by law, nor shall it apply in cases of wilful misconduct or gross negligence.
- The Service Provider is not subject to any statutory obligation to enter into a contract. The Service Provider shall have discretion to accept or reject an order placed by a User. The Service Provider excludes liability for any loss or damage arising therefrom.
- The Service Provider shall not be liable for any consequences arising from the conduct or breaches of rules referred to in this Section, nor for any events or adverse consequences arising from the conduct of the User or from any breach by the User of the contractual terms and conditions, policies, statements and the rules set out in the information notices referred to therein accepted by the User.
- The Service Provider excludes liability for any delay, other problem or error, or any loss or damage arising therefrom, attributable to ordering data provided by the User which are incorrect and/or inaccurate.
- External links available on the Website (i.e. links directing to a domain other than https://mezio.hu/) may lead to content which is outside the Service Provider's control. Where the Service Provider becomes aware of any unlawful or illegal external link, it shall remove or amend such link where justified. The Service Provider shall have no liability whatsoever in respect of any content displayed or downloaded through the use of such links.
- Data Processing
16.1. The Service Provider shall process Users' personal data in accordance with the provisions of the Data Processing Information Notice applicable from time to time. The Data Processing Information Notice and the "Cookie (Süti) Information Notice" are separate information documents which are continuously available on the Website.
16.2. In the course of processing personal data, the Service Provider shall, in particular, process personal data in connection with the operation of the Website and the services, the management of user accounts, the fulfilment of orders, communication with Users, and the performance of rights and obligations arising from the contractual relationship, in accordance with the applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR").
16.3. The rules governing the processing and retention of images, graphics, logos uploaded by the User to the design application, as well as the designs created therein, are also set out in the Data Processing Information Notice.
16.4. The Cookie (Süti) Information Notice contains detailed information concerning the cookies used on the Website and the measurement, analytical and other technologies associated therewith.
- Amendment of the Terms and Conditions
17.1. The Service Provider shall be entitled to amend these Terms and Conditions unilaterally where such amendment is justified by a change in legislation, a decision of a regulatory authority or court, a material technical or business change, the introduction of a new service or functionality, or any other objective circumstance.
17.2. The amended Terms and Conditions shall enter into force upon publication on the Website or on such later date as specified therein.
17.3. The amendment shall not apply to agreements concluded or orders placed before the amendment enters into force, unless otherwise provided by law.
17.4. Orders in progress at the time of the amendment shall be fulfilled in accordance with the terms and conditions applicable at the time the relevant order was placed.
17.5. The provisions of the Terms and Conditions in force at the time the order is submitted shall apply to the agreements concluded on the basis of individual orders.
17.6. Following their entry into force, the amended provisions of the Terms and Conditions shall apply to all Users using the Website, including Users who merely browse the Website, as well as to services used and orders placed thereafter.
17.6. The use of the Website other than for placing an order shall be governed by the Terms and Conditions in force from time to time, as well as by other policies and information notices published on the Website.
17.7. An amendment to the Terms and Conditions shall not affect rights and obligations arising from agreements concluded between the Parties before the amendment enters into force, unless the amendment is required by a mandatory provision of law.
- Miscellaneous Provisions
18.1. The provisions of these Terms and Conditions and of other legal statements, policies and information notices published on the Website relating to the use of the Website shall also apply to Users who use the Website without placing an order. The content published on the Website, including, in particular, the visual identity of the Website, textual and visual elements, graphics, databases, the design application and other intellectual creations, shall be protected by copyright and other intellectual property rights pursuant to the applicable legislation.
18.2. The Contracting Parties declare that, in exercising their rights and performing their obligations arising from these Terms and Conditions, they shall act in accordance with the requirements of good faith and fair dealing and shall co-operate with each other.
18.3. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions of the Terms and Conditions. Any invalid or unenforceable provision shall be replaced by a provision which, in legal terms, comes as close as possible to the purpose of the original provision.
18.4. Electronic records and evidence: the Service Provider shall be entitled to retain, for the period prescribed by law, electronic records relating to the conclusion and performance of the Agreement and data generated during the ordering process. Such electronic data, including, in particular, order details, the design finalised by the User, approved graphic content, communications and technical log files, may serve as evidence of the content and performance of the Agreement.
18.5. Force majeure: neither Party shall be liable for any failure or delay in performing the Agreement where such failure or delay is caused by a circumstance beyond the control of the relevant Party which was unforeseeable and unavoidable and which prevents or renders impossible the performance of the Agreement ("Force Majeure"). Such circumstances may include, in particular, natural disasters, acts of war, measures taken by public authorities, changes in legislation, significant operational disruptions, failures of telecommunications or IT services, or an impediment arising in the operation of external service providers engaged by the Service Provider which is beyond the Service Provider's control. The affected Party shall notify the other Party of the occurrence of a Force Majeure event without undue delay and shall take all reasonable measures to mitigate its effects.
- Governing Law
Matters not regulated by these Terms and Conditions shall, in particular, be governed by the provisions of the following legislation:
- REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC,
- Act V of 2013 on the Civil Code (Ptk.),
- REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts,
- Act CLXIV of 2005 on Trade,
- Act CLV of 1997 on Consumer Protection,
- Government Decree 45/2014 (II. 26.) on the detailed rules governing contracts between consumers and businesses,
- Government Decree 373/2021 (VI. 30.) on the detailed rules governing contracts between consumers and businesses for the sale of goods and the supply of digital content and digital services,
- Act CVIII of 2001 on certain issues concerning electronic commerce and information society services,
- Decree 19/2014 (IV. 29.) of the Minister for National Economy on the procedural rules for the handling of warranty and guarantee claims relating to goods sold under contracts between consumers and businesses,
- Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers,
- Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Advertising Activities.
- Complaints and Legal Remedies
- Consumer complaints: a consumer complaint is an objection raised by a Consumer against a business or a person acting on behalf of or for the benefit of the business concerning conduct, activities or omissions directly related to the distribution or sale of goods to Consumers, with the purpose of remedying an individual infringement of rights or legitimate interests, excluding claims based on statutory warranty for defects, product warranty or statutory guarantee.
A Consumer may submit a complaint to the Service Provider by post, telephone or electronic mail using the following contact details:
Livepoint Kommunikációs, Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Postal address: 1095 Budapest, Soroksári út 110–112. Building E, 1st floor
E-mail: info@livepoint.hu
Telephone: +36 30 705 3907
The Service Provider shall examine an oral complaint immediately and, where necessary, remedy it immediately. If this is not possible, or if the Consumer disagrees with the outcome, or in the case of a complaint submitted in writing, the Service Provider shall provide a substantive written response within thirty days at the latest, in a verifiable manner.
The Service Provider may dispense with investigating a repeated complaint submitted by the same Consumer which is identical in substance to a previous complaint that has already been substantively answered and contains no new information, as well as a consumer complaint submitted by an unidentified person.
Where the Consumer does not agree with the measures taken by the Service Provider, or where the complaint cannot be investigated immediately, the Service Provider shall promptly draw up a record of the complaint and its position in relation thereto and shall provide a copy thereof to the Consumer in the case of an oral complaint made in person. In the case of an oral complaint made by telephone or electronically, provided that the Consumer has provided their name, postal address or e-mail address when the record was drawn up and has described the complaint in detail and presented the necessary documents, records and a list of other evidence, a copy shall be sent together with the written response to the complaint.
Where the Service Provider provides an electronic interface or form for the submission of written complaints, it shall promptly acknowledge receipt of the written complaint at the e-mail address provided by the Consumer.
The Service Provider shall assign a unique identification number to any complaint submitted by telephone or electronically.
If a Consumer's complaint is rejected, the Service Provider shall provide reasons for the rejection.
If, when the record is being drawn up, the Consumer fails to provide their name, postal address or e-mail address, fails to describe the complaint in detail, fails to present the necessary documents, records and a list of other evidence, or, except in the case of an oral complaint made by telephone or using another electronic communications service, refuses to sign the record, the Service Provider shall not be obliged to respond to the written complaint.
The record of the complaint shall contain the following:
- the Consumer's name, postal address or e-mail address,
- the place, date and method of submission of the complaint,
- a detailed description of the Consumer's complaint and a list of the records, documents and other evidence presented by the Consumer,
- the Service Provider's statement of its position concerning the Consumer's complaint, where the complaint can be investigated immediately,
- the signature of the person drawing up the record and, except in the case of an oral complaint made by telephone or electronically, the signature of the Consumer,
- the place and date on which the record was drawn up,
- in the case of an oral complaint made by telephone or electronically, the unique identification number of the complaint,
- a warning that, if the Consumer fails to provide their name, postal address or e-mail address when the record is drawn up, fails to describe the complaint in detail, fails to present the necessary records, documents and a list of other evidence, or, except in the case of an oral complaint made by telephone or using another electronic communications service, refuses to sign the record, the Service Provider shall not be obliged to respond to the written complaint.
The Service Provider shall retain the record drawn up in respect of an oral complaint or the written complaint, together with a copy of the substantive response provided to the complaint, for three years and shall present the same upon request by the supervisory authority.
If a Consumer's complaint is rejected, the Service Provider shall be required to inform the Consumer in writing of the authority or conciliation body to which the Consumer may, depending on the nature of the complaint, apply. Such information shall also include the registered office, telephone and online contact details and postal address of the competent authority or the conciliation body having jurisdiction according to the Consumer's place of residence or habitual residence or, in the case of a non-natural-person Consumer, its registered office. The information shall also state whether the business will participate in conciliation proceedings for the purpose of resolving the consumer dispute.
If the consumer dispute between the Consumer and the Service Provider cannot be resolved, the Consumer may contact the bodies set out below.
20.2. Opportunity to Apply to the Conciliation Board
The Consumer may, in relation to a dispute concerning the quality or safety of the product, the application of product liability rules, the quality of the service, or the conclusion or performance of the contract between the parties, initiate free-of-charge proceedings before the Conciliation Board for the out-of-court resolution of the dispute.
For the purposes of proceedings before the Conciliation Board, a consumer shall also include a civil organisation established under separate legislation, a legal person of a church, a condominium, a housing cooperative, and a micro, small or medium-sized enterprise which acts for purposes outside the scope of its independent occupation and economic activity and which purchases, orders, receives, uses or otherwise avails itself of goods, or is the addressee of commercial communication or an offer relating to goods. For these purposes, the status of an SME as a consumer shall expressly be construed solely in the context of proceedings before the Conciliation Board.
The Conciliation Board shall have jurisdiction to resolve consumer disputes out of court. The primary function of the Conciliation Board is to attempt to facilitate a settlement between the parties and, where this is unsuccessful, to issue a decision in accordance with the conditions laid down by law.
A prerequisite for the commencement of proceedings before the Conciliation Board is that the Consumer must first have attempted to resolve the dispute directly with the Service Provider.
As a general rule, proceedings shall fall within the jurisdiction of the Conciliation Board competent according to the Consumer's place of residence or habitual residence. If the Consumer has neither a place of residence nor a habitual residence in Hungary, jurisdiction shall be established by reference to the registered office of the Service Provider. Subject to the conditions laid down by law, the Consumer shall also be entitled to request that proceedings be conducted by another Conciliation Board which may be selected in accordance with the applicable legislation instead of the otherwise competent Conciliation Board.
The current contact details and areas of jurisdiction of the Conciliation Boards are available at https://www.bekeltetes.hu/.
The Conciliation Board competent according to the registered office of the Service Provider is:
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Postal address: 1253 Budapest, Pf.: 10.
Telephone: +36-1-488-2131
E-mail: bekelteto.testulet@bkik.hu
Website: bekeltet.bkik.hu
The Consumer may, in the cases specified by law, also apply to the Conciliation Board competent according to the Consumer's place of residence or habitual residence, or to another Conciliation Board which may be selected in accordance with the applicable legislation.
The Service Provider shall comply with its obligation to co-operate in proceedings before the Conciliation Board as prescribed by Act CLV of 1997 on Consumer Protection.
The Service Provider has not made a general declaration of submission to the jurisdiction of the Conciliation Board.
In the absence of a general declaration of submission by the Service Provider, the Conciliation Board may, where the statutory conditions are met, issue a decision containing an order requiring the Service Provider to comply. Where, at the time the decision containing an order is made, the Consumer's substantiated claim sought to be enforced does not exceed HUF 200,000, the Conciliation Board may issue a decision containing an order in accordance with the conditions laid down by law. In cases exceeding the statutory threshold, or where the other statutory conditions for issuing a decision containing an order are not met, the Conciliation Board may issue a recommendation in accordance with the applicable legislation.
As a general rule, the Conciliation Board shall conduct the hearing online, by means of an electronic communications device capable of simultaneously transmitting audio and visual information, without the parties being physically present. If the Consumer requests a hearing in person, the Conciliation Board shall conduct the hearing in person.
The Service Provider shall be required to participate in and co-operate with the proceedings before the Conciliation Board in accordance with the applicable legislation.
For the purposes of the rules governing proceedings before the Conciliation Board, a consumer shall also include – subject to the conditions laid down in Act CLV of 1997 on Consumer Protection – a civil organisation established under separate legislation, a legal person of a church, a condominium, a housing cooperative, and a micro, small or medium-sized enterprise which acts for purposes outside the scope of its independent occupation and economic activity and which purchases, orders, receives, uses or otherwise avails itself of goods, or is the addressee of commercial communication or an offer relating to goods.
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy Imre u. 36.
Telephone: (72) 507-154; (20) 283-3422
Website: www.baranyabekeltetes.hu
E-mail: info@baranyabekeltetes.hu
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúséta tér 4–6.
Telephone: (22) 510-310
Website: www.bekeltetesfejer.hu
E-mail: bekeltetes@fmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Postal address: 3501 Miskolc, P.O. Box 376.
Telephone: (46) 501-090
Website: www.bekeltetes.borsodmegye.hu
E-mail: bekeltetes@bokik.hu
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/A.
Telephone: (96) 520-217
Website: www.bekeltetesgyor.hu/hu; www.gymsmkik.hu/bekelteto
E-mail: bekeltetotestulet@gymskik.hu
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Postal address: 1253 Budapest, P.O. Box 10.
Telephone: (1) 488-2131
Website: www.bekeltet.bkik.hu
E-mail: bekelteto.testulet@bkik.hu
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13–15.
Telephone: (52) 500-710; (52) 500-745
Chairman: Dr Hajnal Zsolt
Website: www.hbmbekeltetes.hu
E-mail: bekelteto@hbkik.hu
Csongrád-Csanád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8–12.
Telephone: (62) 554-250/118 extension
Chairman: Dr Horváth Péter Károly
Website: www.bekeltetes-csongrad.hu
E-mail: bekelteto.testulet@csmkik.hu
Pest County Conciliation Board
Address: 1055 Budapest, Balassi Bálint utca 25, 4th floor, Unit 2.
Postal address: 1364 Budapest, P.O. Box 81
Telephone: (1) 792-7881
Website: www.panaszrendezes.hu; www.pestmegyeibekelteto.hu
E-mail: pmbekelteto@pmkik.hu
20.3. Where the Consumer's place of residence or habitual residence and the registered office of the business are situated in different countries, but both are located in a Member State of the European Union or in the United Kingdom, Iceland or Norway, the Consumer may refer their complaint to the European Consumer Centre located in their own Member State. Information concerning the contact details of European Consumer Centres is available here: https://commission.europa.eu/topics/consumers/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_hu
The European Consumer Centre provides free assistance in resolving individual cross-border consumer complaints and substantively assists the parties in reaching an agreement outside formal administrative proceedings. The European Consumer Centre having jurisdiction according to the Service Provider's registered office is:
National Trade and Consumer Protection Authority – European Consumer Centre
Postal address: 1536 Budapest, P.O. Box 324.
Telephone: +36 1 896 77 47
E-mail: info@magyarefk.hu
Website: https://www.magyarefk.hu/
20.4. A Consumer may submit a complaint concerning the quality of goods, or concerning the conduct, activities or omissions of the Service Provider, its member or employee, or a person acting on its behalf or for its benefit, or concerning the quality of a service or the application of liability rules, to the organisational unit of the territorially competent government office responsible for consumer protection matters. The contact details of the territorially competent government offices are available at: https://kormanyhivatalok.hu/kormanyhivatalok
20.5. Enforcement of rights through the courts
The Contracting Parties shall co-operate with each other with a view to resolving any disputes out of court, by negotiation, within the shortest possible time and at the lowest possible cost. If this does not result in a resolution, the User may, depending on the value of the claim, bring proceedings before the district court or regional court having jurisdiction according to their place of residence or habitual residence, or before the district court or regional court having jurisdiction according to the Service Provider's registered office.
20.6. Representative actions
Authorised organisations may bring representative actions against businesses which infringe EU or Hungarian consumer protection law. Such organisations may seek an order from the court requiring the cessation or prohibition of unlawful conduct affecting Consumers, the remedying of the infringement, damages, repair or a reduction in price.
A Consumer may not bring a representative action independently; however, they may request that authorised organisations or the prosecution service consider bringing such an action. Prosecutorial duties relating to consumer protection are performed by the Chief Prosecutor's Offices, whose contact details are available here: https://ugyeszseg.hu/elerhetosegek/ugyeszsegek/fougyeszsegek/
A representative action may be brought by an authorised organisation — including a public-interest prosecutor — where the statutory conditions are satisfied. Initiating such proceedings is free of charge for Consumers. A representative action is brought by the organisation or prosecutor not in the name of the individual Consumer (complainant), but in the interests of all persons affected or potentially affected by the infringement. Consumer interests are represented before the court by the organisation conducting the proceedings; Consumers do not participate in the proceedings personally and therefore do not need to arrange legal representation and shall not incur litigation costs.
Authorised organisations become aware of activities adversely affecting consumer interests on the basis of their own findings, consumer reports submitted to them and other information and may, at their own discretion, bring representative actions in respect of such activities.
The list of authorised organisations entitled to bring representative actions is published by the consumer protection authority on its website. The list of authorised organisations is available here: https://nkfh.gov.hu/hasznos/tisztessegtelen-szerzodesi-feltetelek-a-fogyasztoi-szerzodesekben/kepviseleti-keresetek
20.7. Enforcement of rights concerning the processing of personal data
The User may exercise their rights and remedies concerning the processing of personal data in accordance with the provisions of the Data Processing Information Notice, both vis-à-vis the Service Provider and before the courts, and may also refer the matter to the Hungarian National Authority for Data Protection and Freedom of Information:
Hungarian National Authority for Data Protection and Freedom of Information (NAIH)
Address: 1055 Budapest, Falk Miksa utca 9–11.
Postal address: 1363 Budapest, P.O. Box 9.
Telephone: +36 1 391 1400
E-mail: ugyfelszolgalat@naih.hu
Website: https://www.naih.hu/
Where judicial proceedings are chosen, proceedings may, at the option of the affected User, also be brought before the regional court having jurisdiction according to the User's place of residence or habitual residence, as the adjudication of the proceedings falls within the jurisdiction of a regional court.
Annex 1: Model Withdrawal/Cancellation Form
Annex 2 to Government Decree 45/2014 (II. 26.)
Model Withdrawal/Cancellation Form
(complete and return this form only if you wish to withdraw from the contract)
To:
Name: Livepoint Kommunikációs, Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság
Address: 1095 Budapest, Soroksári út 110–112. E. ép. 1. emelet
E-mail: info@livepoint.hu
I/We hereby give notice that I/we withdraw from/cancel my/our contract for the sale of the following goods or the provision of the following service: ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Date of conclusion of the contract/date of receipt:.………………………………………………………………………………
Name of consumer(s): ………………………………………………………………………………………………………………
Address of consumer(s): ……………………………………………………………………………………………………………
Signature of consumer(s) (only if this form is submitted in hard copy):
Date: …………………………………………………………