Clear, structured legal information about ordering, payment, shipping, warranty, withdrawal and complaint handling.
Name of the Service Provider: ZoEva-Phoenix Kft.
Registered office of the Service Provider (and the place of complaint handling): 1163 Budapest, Veres Péter út 51., Hungary
Contact details and regularly used e-mail address for communication with Users: info@zoevaphoenix.com
Company registration number / registry number: 01-09-419230
Tax number: 32343906-2-42
Name of the registering authority / licensing authority and license number (if any): Company Court of the Metropolitan Court of Budapest
Telephone number of the Service Provider: +36 70 886 6529
Language of the contract: Hungarian
Hosting provider name, address, and e-mail address:
AWS – Copyright Agent / Amazon Web Services
Amazon.com Legal Department
P.O. Box 81226, Seattle, WA 98108, USA
Phone: (206) 266-4064 · Fax: (206) 266-7010 · E-mail: abuse@amazonaws.com
2.1. Matters not regulated by these Terms and Conditions and the interpretation of these Terms and Conditions shall be governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services (“E-Commerce Act”), and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. For specific products, the relevant sectoral legislation shall apply. Mandatory provisions of the applicable laws shall bind the Parties without any separate stipulation.
2.2. These Terms and Conditions are effective from 9 December 2023 and remain in force until revoked. The Service Provider publishes amendments to these Terms and Conditions on the Website and notifies registered Users and/or Users who have purchased previously by e-mail of such changes. Amendments do not affect contracts concluded previously; therefore, the amendments have no retroactive effect.
2.3. The Service Provider reserves all rights to the Website, any part thereof and the content displayed thereon, as well as the distribution of the Website. Downloading, electronic storage, processing, or selling of any content displayed on the Website, or any part thereof, is prohibited without the Service Provider’s prior written consent (with the exception of this document and the Privacy Notice).
2.4. The Service Provider assumes no liability for the purchase and sale of products published on other websites not attributable to, and not operated by, the Service Provider.
3.1. If false data or data attributable to another person are provided during the use/ordering/subscription of the service, the resulting electronic contract may be challenged in court by the entitled party. As a consequence of a successful challenge (i.e., winning the lawsuit), the contract becomes invalid from the date of its conclusion; or, if it conceals another contract, the rights and obligations of the Parties shall be assessed on the basis of the concealed contract.
3.2. The Service Provider shall not be liable for any delivery delay or any other problem or error resulting from incorrectly and/or inaccurately provided data by the User. However, the Service Provider informs Users that after consultation with the User and unambiguous identification, it may correct erroneously entered data in the order so that invoicing and delivery are not impeded.
3.3. The Service Provider shall not be liable for any damage arising from the User forgetting their password or it becoming accessible to unauthorized persons for any reason not attributable to the Service Provider (where registration exists on the Website).
4.1. The products displayed can be ordered online from the webshop (and in certain cases by telephone). The prices displayed for products are in Hungarian Forints (HUF) and are gross prices (i.e., they include VAT as prescribed by law; or if the Service Provider invoices VAT-exempt, the prices are the payable amounts), but do not include delivery and payment-related fees. No separate packaging fee is charged, except where the User requests gift or other special packaging.
4.2. In the webshop, the Service Provider provides detailed information on the name and description of the product and displays a photo of the product (where possible).
4.3. Where a promotional price is introduced, the Service Provider provides Users with comprehensive information about the promotion and its exact duration. When determining promotional prices, the Service Provider acts lawfully in accordance with Joint Decree 4/2009 (I. 30.) of NFGM–SZMM on the detailed rules for indicating the selling price and unit price of products and the fees of services.
4.4. In the event of an incorrect price being displayed, the Service Provider is not obliged to confirm the order at that price; instead, it may reject the offer and may offer confirmation at the correct, actual price. In that case, the User has the right to:
Under Act V of 2013 on the Civil Code (Civil Code), a contract is formed by the mutual and concordant expression of the Parties’ intent. If the Parties cannot agree on the contractual terms—i.e., there is no mutually concordant declaration expressing the Parties’ intent—then no valid contract can be considered to have been formed that would give rise to rights and obligations.
An incorrect price includes:
5.1. After registration, the User logs in to the webshop, or may start shopping without registration.
5.2. The User sets the quantity (number of units) of the product(s) they wish to purchase.
5.3. The User adds the selected products to the cart. The User may view the contents of the cart at any time by clicking the “cart” icon.
5.4. If the User does not wish to purchase additional products, they verify the quantity of the product(s) to be purchased. By clicking the “delete – X” icon, they may remove items from the cart. To finalize the quantity, the User clicks the “update / update cart” icon.
5.5. The User enters the shipping address, then selects the shipping/payment method(s), including the following:
Online bank card payment: The User may pay the total amount of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Bank card payment via Barion: Online bank card payments are processed through the Barion system. Bank card data do not reach the merchant. The service provider Barion Payment Zrt. is an institution supervised by the Hungarian National Bank; license number: H-EN-I-1064/2013.
Domestic (Hungary): HUF 2,520; within the EU depending on the destination country.
5.6. The total amount payable, based on the order summary and confirmation e-mail, includes all costs. Pursuant to Section 6:127 of the Civil Code, the User is obliged to verify without delay that the quality and quantity of the delivered product(s) are appropriate. Delivery of the product(s) takes place on business days between 08:00 and 17:00.
5.7. After entering the data, the User can submit the order by clicking the “order / submit order” button. Prior to submission, the User may review the entered data again and may also send a note with the order, or may indicate other requests related to the order by e-mail.
5.8. By placing the order, the User acknowledges that, pursuant to Section 15 of Government Decree 45/2014 (II. 26.) and other relevant provisions (e.g., Section 20), the order entails a payment obligation.
5.9. Correction of data entry errors: Before finalizing the order process, the User can always step back to the previous phase to correct entered data. In particular, during ordering the User can view and modify the cart contents; if the cart does not contain the desired quantity, the User can enter the number of units in the quantity field and then click “update / update cart.” If the User wishes to remove products from the cart, they click “X / delete.” The User has continuous opportunities to correct/delete entered data during the ordering process. After submitting the order, the User may also request correction of any errors by telephone or e-mail.
5.10. After submitting the order, the User receives a confirmation by e-mail. If this confirmation does not arrive to the User within the expected timeframe depending on the nature of the service, but no later than within 48 hours from sending the order, the User is released from the offer binding or contractual obligation. The order and its confirmation are deemed received by the Service Provider and the User when they become accessible to them. The Service Provider excludes liability for confirmation delays if the confirmation does not arrive in time because the User provided an incorrect e-mail address during registration or because the mailbox storage associated with the User’s account is full and cannot receive messages.
5.11. The User acknowledges that the confirmation described in the previous clause is merely an automated confirmation and does not create a contract. The contract is concluded when, following the automated confirmation, the Service Provider informs the User in a further e-mail about the details of the order and the expected performance.
6.1. Orders are processed during business hours. Orders may also be placed outside the indicated order-processing times; if an order is placed after business hours, it will be processed on the next business day. The Service Provider confirms electronically in each case when it will be able to perform the order.
6.2. The general performance deadline is within 1–3 business days from the conclusion of the contract.
6.3. Under the sales contract, the Service Provider is obliged to transfer ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of loss passes to the buyer when the buyer, or a third party designated by the buyer other than the carrier, takes possession of the item. The risk passes to the buyer upon handing over to the carrier if the carrier was commissioned by the buyer, provided that the carrier was not recommended by the seller.
6.5. In the event of the Service Provider’s delay, the User is entitled to set an additional deadline. If the seller fails to perform within the additional deadline, the buyer is entitled to withdraw from the contract.
6.6. The User is entitled to withdraw from the contract without setting an additional deadline if:
If the Service Provider is in delay, the User may demand performance, or may withdraw from the contract if, as a result of the delay, the User’s interest in performance has ceased.
The User is not required to prove the cessation of interest in performance for withdrawal if:
6.7. If the Service Provider fails to perform its contractual obligation because the product specified in the contract is not available, it must inform the User without delay and refund the amount paid by the User without delay; furthermore, the Service Provider must ensure that the User may enforce any other statutory rights available in the case of defective performance.
6.8. The Service Provider draws Users’ attention to the fact that if the User does not accept the duly performed ordered product(s) (regardless of the payment method), the User commits a breach of contract and, specifically pursuant to Section 6:156 (1) of the Civil Code, falls into delay.
This means that, based on the rules of management of another’s affairs without mandate, the Service Provider—unless the Consumer indicates their intention to withdraw (and does not make a statement as to whether they wish to take delivery of the ordered product(s))—will enforce against the User the customary storage cost related to the product(s) as well as the shipping cost (round trip).
The Service Provider also informs Users that, in order to enforce these legal claims, it may use the assistance of a debt-collection service and/or a lawyer; therefore, any additional (legal) costs arising from the breach of contract (including fees of payment order proceedings) shall also be borne by the User.
7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the Consumer has the right to withdraw without giving any reason.
The Consumer may exercise the right of withdrawal or termination, in the case of a sales contract for products, within fourteen (14) days from the day of receipt of the product by the Consumer or by a third party designated by the Consumer, other than the carrier, as follows:
If the Service Provider fails to provide this information, the 14-day withdrawal period is extended by twelve (12) months. If the Service Provider provides the information after the expiry of the initial 14 days, within 12 months from the day of receipt of the product or the conclusion of the service contract, the withdrawal period ends 14 days after the communication of such information.
7.2. The Consumer may exercise the right of withdrawal by making a clear statement to that effect or by using the model statement set out in Annex 2 of Government Decree 45/2014 (II. 26.).
7.3. The withdrawal period expires 14 days after the day on which the Consumer or a third party designated by the Consumer, other than the carrier, takes possession of the product.
7.4. The Consumer may exercise the right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
7.5. The direct cost of returning the product is borne by the Consumer; the business has not undertaken to bear this cost. This does not apply where the product cannot be returned by postal parcel.
7.6. In the event the right of withdrawal is exercised, the Consumer shall not bear any costs other than the direct cost of returning the product.
7.7. The right of withdrawal does not apply to a non-prefabricated product manufactured on the basis of the Consumer’s instructions or at the Consumer’s express request, or to a product clearly personalized for the Consumer.
7.8. The Consumer may also not exercise the right of withdrawal in the following cases (complete list of exceptions is set out in the Decree), including, among others:
7.9. The Service Provider shall reimburse, without delay and no later than fourteen (14) days from becoming aware of the withdrawal, the total amount paid by the Consumer as consideration, including costs incurred in connection with performance. However, the Service Provider shall have a right of retention.
7.10. Reimbursement shall be made using the same payment method as used for the original transaction, unless the Consumer expressly agrees to a different payment method; the Consumer shall not incur any additional costs as a result of applying such reimbursement method.
7.11. The Consumer must return the goods without undue delay, but in any event no later than fourteen (14) days from the date the Consumer communicated the withdrawal to the Service Provider. Where the business also sells goods in a business premises and the Consumer exercises the right of withdrawal in person at the premises, the Consumer is entitled to return the goods simultaneously.
7.12. In the case of withdrawal in writing, it is sufficient to send the withdrawal statement within 14 days.
7.13. The Consumer complies with the time limit if they send back or hand over the goods before the expiry of the 14-day period. The return is deemed timely if the Consumer dispatches the goods before the deadline.
7.14. The Consumer bears only the direct cost of returning the product, except where the product cannot be returned by postal parcel.
7.15. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the Consumer choosing a shipping method other than the cheapest standard shipping method offered by the Service Provider.
7.16. The Service Provider may withhold reimbursement until it has received the goods back or the Consumer has supplied evidence of having sent back the goods, whichever is earlier.
7.17. If the Consumer wishes to exercise the right of withdrawal, they may notify the Service Provider via any of the Service Provider’s contact details in writing (including using the provided form), by telephone, or in person. In the case of written notification by post, the date of posting is taken into account; in the case of notification by telephone, the time of the phone notification is taken into account. The Consumer may return the ordered product by post or by courier service.
7.18. The Consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.19. Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses is available here: net.jogtar.hu
7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here: eur-lex.europa.eu
7.21. The Consumer may also contact the Service Provider with any other complaint using the contact details set out in these Terms and Conditions.
7.22. The right of withdrawal applies only to Users who qualify as consumers under the Civil Code.
7.23. The right of withdrawal does not apply to businesses, i.e., persons acting within the scope of their profession, independent occupation or business activity.
7.24. (Applicable only if the Service Provider provides services in addition to sales.) If the Consumer terminates a distance contract after performance has begun, the Consumer shall pay the business a fee proportional to the services performed up to the time the termination is communicated. The proportional amount is calculated on the basis of the total consideration, including tax, agreed in the contract. If the Consumer proves that the total amount so calculated is excessively high, the proportional amount shall be calculated on the basis of the market value of the services performed up to the date the contract terminates.
7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider of their intention via the Service Provider’s contact details.
7.24.2. The Consumer exercises the right of withdrawal within the time limit if they send their withdrawal statement before the expiry of the 14th day from receipt of the product. In the case of withdrawal in writing, it is sufficient to send the withdrawal statement within 14 days. In the case of notification by post, the posting date is taken into account; in the case of notification by e-mail, the sending time of the e-mail is taken into account.
7.24.3. In the event of withdrawal, the Consumer must return the ordered product to the Service Provider’s address without delay, but no later than 14 days from communicating the withdrawal statement. The time limit is deemed observed if the Consumer dispatches the product before the expiry of the 14-day period (i.e., it does not need to arrive within 14 days). The buyer bears the direct costs related to returning the goods due to the exercise of the right of withdrawal. Where the business also sells goods in a business premises and the Consumer exercises the right of withdrawal in person at the premises, the Consumer is entitled to return the goods simultaneously.
7.24.4. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from choosing a shipping method other than the cheapest standard shipping method offered by the Service Provider. The Consumer may also exercise the right of withdrawal between the date of concluding the contract and the date of receiving the product.
7.24.5. In the case of multiple products where delivery occurs at different times, the Consumer may exercise the right of withdrawal within 14 days from receipt of the last delivered product; in the case of products consisting of multiple lots or pieces, within 14 days from receipt of the last delivered lot or piece.
The obligor performs defectively if, at the time of performance, the service does not meet the quality requirements laid down in the contract or in legislation. The obligor does not perform defectively if the entitled party knew of the defect at the time of concluding the contract or should have known of the defect at the time of concluding the contract.
In a contract concluded between a consumer and a business, any term that derogates from the provisions of this chapter on statutory warranty for defects and guarantees to the detriment of the Consumer shall be null and void.
User qualifying as a Business: a person acting within the scope of their profession, independent occupation, or business activity.
In the event of defective performance by the Service Provider, the User may enforce a statutory warranty claim against the Service Provider pursuant to the provisions of the Civil Code.
At the User’s choice, the User may exercise the following statutory warranty claims: they may request repair or replacement, unless performance of the claim chosen by the User is impossible or would result in disproportionate additional costs for the business compared to fulfilling another claim. If the User did not request repair or replacement, or could not request it, they may request a proportionate reduction of the consideration or—ultimately— may withdraw from the contract. The User may switch from the chosen statutory warranty right to another; however, the cost of such switching shall be borne by the User, unless the switch was justified or was caused by the business.
The consumer is also entitled—commensurate with the severity of the breach—to request a proportionate reduction of the consideration or to terminate the sales contract if:
If the consumer seeks to terminate the sales contract by reference to defective performance, the business bears the burden of proving that the defect is insignificant.
The consumer is entitled—commensurate with the severity of the breach—to withhold the outstanding part of the purchase price, in whole or in part, until the business fulfils its obligations relating to contractual conformity of performance and defective performance.
The reasonable time limit for carrying out repair or replacement shall be calculated from the time when the consumer notified the business of the defect. The consumer must make the goods available to the business for the purpose of carrying out repair or replacement.
The business must, at its own expense, ensure the return of the replaced goods. Where repair or replacement requires the removal of goods that were installed, in accordance with the nature and purpose of the goods, before the defect became apparent, the obligation to repair or replace includes removing the non-conforming goods and installing the replacement or repaired goods, or bearing the costs of removal and installation.
A reduction of the consideration is proportionate if its amount equals the difference between the value the consumer would receive in the event of performance in conformity with the contract and the value of the goods actually received by the consumer.
The consumer’s statutory warranty right to terminate the sales contract may be exercised by a legal declaration addressed to the business expressing the decision to terminate.
If defective performance affects only a specific part of the goods supplied under the sales contract, and the conditions for exercising the right to terminate in respect of those goods are met, the consumer may terminate the sales contract only in respect of the defective goods; however, the consumer may also terminate in respect of any other goods acquired together with them if it cannot reasonably be expected that the consumer will retain only the goods that conform to the contract.
If the consumer terminates the sales contract in its entirety or in respect of part of the goods supplied under the sales contract, then:
The User (if qualifying as a Consumer) must notify the defect without delay after discovering it, but no later than within two months from the discovery of the defect. Please note, however, that after the expiry of the limitation period of two years (one year in the case of a Business or second-hand goods) from the performance of the contract, the User may no longer enforce their statutory warranty rights. (For products with an expiry date, statutory warranty may be enforced until the end of the expiry date.)
Where, in the case of goods containing digital elements, the sales contract provides for the continuous supply of digital content or a digital service for a specified period, the business shall be liable for any defect related to the digital content or digital service of the goods, provided that the defect:
The User may enforce their statutory warranty claim against the Service Provider.
Within one year from performance, there is no condition for enforcing a statutory warranty claim beyond notifying the defect, provided that the User proves that the product and/or service was provided by the business operating the webshop. After one year from performance, however, the User must prove that the defect identified by the User already existed at the time of performance.
In the event of a defect in a movable item, the Consumer may, at their choice, exercise their statutory warranty rights or enforce a product warranty claim pursuant to the provisions of the Civil Code.
As a product warranty claim, the Consumer may request the repair or replacement of the defective product.
Product warranty rights may be enforced against the manufacturer or distributor of the product (hereinafter jointly: the manufacturer).
A product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the characteristics described by the manufacturer.
The Consumer may enforce a product warranty claim within two years from the date on which the product was placed on the market by the manufacturer. After the expiry of this period, the Consumer loses this right.
When enforcing a product warranty claim, you must prove that the product defect existed at the time the product was placed on the market by the manufacturer.
The manufacturer is exempt from product warranty liability if it can prove that:
For exemption, it is sufficient for the manufacturer to prove one of the above grounds.
Please note that, for the same defect, the Consumer may enforce a statutory warranty claim against the business and a product warranty claim against the manufacturer simultaneously and in parallel. If the product warranty claim is successfully enforced, statutory warranty claims relating to the replaced product and/or the part of the product affected by repair may thereafter be enforced only against the manufacturer.
In a contract between a consumer and a business, until proven otherwise, it shall be presumed that a defect identified by the consumer within one year after performance already existed at the time of performance, unless such presumption is incompatible with the nature of the item or the nature of the defect. On this basis, the Service Provider shall not be liable under statutory warranty or guarantee if it proves that the damage arose after the risk passed due to improper or negligent handling, excessive use, effects different from those specified, or any other non-intended use of the products.
(For Users qualifying as Consumers)
9.1. In a contract between a consumer and a business, the parties’ agreement may not derogate to the detriment of the Consumer from the provisions of NGM Decree 19/2014 (IV. 29.) on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business.
9.2. The consumer is obliged to prove the conclusion of the contract (by invoice, or even by a receipt).
9.3. The costs related to fulfilling the warranty obligation shall be borne by the Service Provider (Civil Code, Section 6:166).
9.4. The Service Provider must draw up a written record (minutes) of any warranty or guarantee claim reported to it by the Consumer.
9.5. A copy of the minutes must be made available to the Consumer without delay, in a verifiable manner.
9.6. If, at the time the claim is reported, the Service Provider is unable to state whether the Consumer’s warranty or guarantee claim can be fulfilled, it must notify the Consumer of its position—also including, in the event of rejection, the reasons for rejection and the possibility of turning to a conciliation body—within five working days, in a verifiable manner.
9.7. The Service Provider must retain the minutes for three years from the date they are drawn up and present them to the supervisory authority upon request.
9.8. The Service Provider shall endeavour to carry out repair or replacement within a maximum of fifteen (15) days. If the duration of repair or replacement exceeds 15 days, the Service Provider must inform the consumer of the expected duration of the repair or replacement. With the consumer’s prior consent, such information shall be provided electronically or by another method suitable for verifying receipt by the consumer.
10.1. The Service Provider is entitled to engage subcontractors/auxiliaries for the performance of its obligations. The Service Provider shall bear full liability for any unlawful conduct by such persons as if the unlawful conduct had been committed by the Service Provider itself.
10.2. If any part of these General Terms and Conditions becomes invalid, unlawful, or unenforceable, this shall not affect the validity, lawfulness, or enforceability of the remaining parts.
10.3. If the Service Provider does not exercise a right granted under these General Terms and Conditions, the failure to exercise such right shall not be deemed a waiver of that right. Any waiver of a right shall be valid only if made by an express written declaration to that effect. The fact that the Service Provider does not strictly insist on a material condition or provision of these General Terms and Conditions on one occasion shall not mean that it waives its right to insist on strict compliance with the condition or provision in the future.
10.4. The Service Provider and the User shall attempt to settle any disputes amicably.
10.5. The parties record that the Service Provider’s webshop operates in Hungary and is maintained in Hungary. Since the website can also be accessed from other countries, users expressly acknowledge that, in the relationship between the user and the Service Provider, Hungarian law shall govern. If the user qualifies as a Consumer, then pursuant to Section 26 (1) of the Code of Civil Procedure, in disputes arising from this contract brought against the Consumer, the court of the defendant’s (Consumer’s) domestic place of residence shall have exclusive jurisdiction.
10.6. With respect to access to products available in the webshop, the Service Provider does not apply different general conditions of access for reasons related to the User’s nationality, place of residence, or place of establishment.
10.7. In respect of the payment methods accepted by it, the Service Provider does not apply different conditions to a payment transaction for reasons related to the User’s nationality, place of residence, or place of establishment, the place where the payment account is held, the place of establishment of the payment service provider, or the place of issuance within the Union of the cashless payment instrument.
10.8. The Service Provider complies with Regulation (EU) 2018/302 of the European Parliament and of the Council 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.
(For Users qualifying as Consumers)
11.1. The Service Provider’s objective is to fulfil every order in appropriate quality and to the full satisfaction of the customer.
11.2. The consumer may communicate a complaint to the business orally or in writing.
11.3. The business shall investigate an oral complaint immediately and remedy it as necessary.
11.4. If the consumer does not agree with the handling of the complaint or if immediate investigation is not possible, the business shall immediately draw up minutes of the complaint and its position regarding it, and shall proceed in accordance with the rules applicable to written complaints.
11.5. The business shall provide the consumer with a copy of the minutes:
a) in the case of an oral complaint communicated in person, on the spot;
b) in the case of an oral complaint communicated by telephone or using another electronic communications service, at the latest together with the substantive reply—except where the consumer has not provided all data necessary for handling the complaint pursuant to Section 11.8.
11.6. An oral complaint communicated by telephone or using an electronic communications service must be assigned a unique identification number by the business.
11.7. The minutes drawn up about the complaint must contain the following:
a) the consumer’s name, address, or electronic mail address;
b) the place, time, and manner of submitting the complaint;
c) a detailed description of the consumer’s complaint and a list of documents and other evidence presented by the consumer;
d) the business’s statement of its position regarding the consumer’s complaint, where immediate investigation is possible;
e) the person taking the minutes and—except in the case of an oral complaint communicated by telephone or using another electronic communications service—the consumer’s signature;
f) the place and time of drawing up the minutes;
g) in the case of an oral complaint communicated by telephone or using another electronic communications service, the unique identification number of the complaint; and
h) a warning regarding the provisions set out in Section 11.8.
11.8. If, during the drawing up of the minutes, the consumer does not provide the data specified in Section 11.7 (a) and (c), or refuses to sign the minutes pursuant to Section 11.7 (e), the business shall not apply the provisions set out in Section 11.9 during the handling of the oral complaint.
11.9. Unless a directly applicable legal act of the European Union provides otherwise, the business must reply to a written complaint in writing, substantively, in a verifiable manner, and take measures to communicate its reply within thirty (30) days of receipt. A shorter deadline may be set by legislation, and a longer deadline may be set by an Act. If the complaint is rejected, the business must state the reasons for its rejecting position.
11.10. If the business provides an electronic interface or form for submitting written complaints, it must immediately acknowledge receipt of the written complaint at the electronic mail address provided by the consumer.
11.11. The business must retain the minutes taken of the oral complaint or the written complaint, as well as a copy of its substantive reply to the complaint, for three years and present them to the supervisory authority upon request.
11.12. If the complaint is rejected, the business must inform the consumer in writing which authority or conciliation body they may initiate proceedings with, depending on the nature of the complaint. The information must also include the seat, telephone and internet contact details, and postal address of the competent authority and/or the conciliation body having jurisdiction according to the consumer’s place of residence, place of stay, or registered seat. The information must also cover whether the business has made a general declaration of submission.
11.13. The business may omit investigating a repeated complaint submitted by the same consumer with content identical to a previously substantively answered complaint and containing no new information, as well as a consumer complaint submitted by an unidentifiable person.
11.14. Please be informed that if your complaint is rejected, you may initiate proceedings before an authority or a conciliation body as follows (the Service Provider has not made a general declaration of submission):
11.15. The Consumer may submit a complaint to the consumer protection authority:
Pursuant to Section 45/A (1)–(3) of the Consumer Protection Act and Government Decree 326/2024 (XI. 14.) on the designation of the consumer protection authority, the government office acts as the general consumer protection authority:
https://kormanyhivatalok.hu/kormanyhivatalok
11.16. In the event of a complaint, the Consumer may turn to a conciliation body; their contact details can be found here:
Address: 1016 Budapest, Krisztina krt. 99.
Telephone: (1) 488-2131
Fax: (1) 488-2186
Chair: Dr. Éva Veronika Inzelt
Website: https://bekeltet.bkik.hu/
E-mail: bekelteto.testulet@bkik.hu
Jurisdiction: Budapest
Address: 7625 Pécs, Majorossy Imre u. 36.
Telephone: (72) 507-154; (20) 283-3422
Fax: (72) 507-152
Chair: Dr. Ferenc Bércesi
Website: https://www.baranyabekeltetes.hu
E-mail: info@baranyabekeltetes.hu; kerelem@baranyabekeltetes.hu
Jurisdiction: Baranya County, Somogy County, Tolna County
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone: (46) 501-091 (new cases); (46) 501-871 (ongoing cases)
Chair: Dr. Péter Tulipán
Website: https://www.bekeltetes.borsodmegye.hu
E-mail: bekeltetes@bokik.hu
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Address: 6721 Szeged, Párizsi krt. 8–12.
Telephone: (62) 554-250 ext. 118
Fax: (62) 426-149
Chair: Dr. Károly Horváth
Website: https://www.bekeltetes-csongrad.hu
E-mail: bekelteto.testulet@csmkik.hu
Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Address: 8000 Székesfehérvár, Hosszúséta tér 4–6.
Telephone: (22) 510-310
Fax: (22) 510-312
Chair: Dr. József Vári Kovács
Website: https://www.bekeltetesfejer.hu
E-mail: bekeltetes@fmkik.hu; fmkik@fmkik.hu
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County
Address: 9021 Győr, Szent István út 10/a.
Telephone: (96) 520-217
Chair: Dr. Beáta Bagoly
Website: https://gymsmkik.hu/bekelteto
E-mail: bekeltetotestulet@gymskik.hu
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Registered office: 4025 Debrecen, Petőfi tér 10.
Place of administration: 4025 Debrecen, Vörösmarty u. 13–15.
Telephone: (52) 500-710; (52) 500-745
Fax: (52) 500-720
Chair: Dr. Zsolt Hajnal
Website: https://www.hbmbekeltetes.hu
E-mail: bekelteto@hbkik.hu
Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Address: 1055 Budapest, Balassi Bálint u. 25., 4th floor/2
Telephone: +36 1 792 7881
Chair: Dr. Pál Koncz
Website: https://www.pestmegyeibekelteto.hu;
https://www.panaszrendezes.hu
E-mail: pmbekelteto@pmkik.hu
Jurisdiction: Pest County
11.17. The conciliation body has competence to settle consumer disputes out of court. Its task is to attempt to reach an agreement between the parties for the purpose of resolving the consumer dispute; if unsuccessful, it issues a decision in the case in order to ensure the simple, quick, efficient, and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body provides advice concerning the consumer’s rights and obligations.
In conciliation proceedings, in the absence of an agreement, the panel decides on the merits of the case as follows:
11.18. In the event of a cross-border consumer dispute related to an online sales contract or an online service contract, the conciliation body operated by the chamber designated by decree by the minister responsible for consumer protection shall have jurisdiction.
11.19. The business is subject to a duty to cooperate in conciliation proceedings; within that framework, it must submit its written response to the conciliation body with the content prescribed by the Consumer Protection Act and within the deadline set therein. With the exception of the application of Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the business must ensure the participation at the hearing of a person authorized to conclude a settlement. In an online hearing, the business’s representative authorized to conclude a settlement must participate online. If the consumer requests an in-person hearing, the business’s representative authorized to conclude a settlement must participate at least online in the hearing.
11.20. If the Consumer does not turn to a conciliation body, or the procedure does not lead to a result, the Consumer may initiate court proceedings to resolve the dispute. The action must be commenced by a statement of claim, which must include the following information:
The statement of claim must be accompanied by the document—or a copy thereof—the content of which is invoked as evidence.
12.1. Since https://evamillerlingerie.com qualifies as a copyrighted work as a website, it is prohibited to download (reproduce), re-communicate to the public, otherwise use, electronically store, process, or sell the content displayed on https://evamillerlingerie.com or any part thereof without the Service Provider’s written consent—except for legal documents, as the User may download the General Terms and Conditions and the data protection notice without any condition or restriction and may store them in any form.
12.2. Any material may be taken from the https://evamillerlingerie.com website and its database—even with written consent—only by referencing the website concerned.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed therefrom, and its internet advertising surfaces.
12.4. It is prohibited to adapt or reverse engineer the content of the https://evamillerlingerie.com website or any part thereof; to create user identifiers and passwords by unfair means; or to use any application by which the https://evamillerlingerie.com website or any part thereof may be modified or indexed.
12.5. The name “https://evamillerlingerie.com” is protected by copyright; its use—except for referencing—shall be permitted only with the Service Provider’s written consent.
12.6. The User acknowledges that, in the event of use without a licence, the Service Provider shall be entitled to a contractual penalty. The amount of the contractual penalty is HUF 60,000 gross per image and HUF 20,000 gross per word. In the event of copyright infringement, the Service Provider will use a notarial certification of facts, the costs of which shall also be charged to the infringing user.
The data protection notice of the website is available at the following page:
https://www.evamillerlingerie.com/adatvedelem
Budapest, 09 December 2023
(complete and return only if you intend to withdraw from the contract)
Addressee (name, postal address, e-mail address, fax number, telephone number):
ZoEva-Phoenix Ltd., 1163 Budapest, Veres Péter út 51.,
info@zoevaphoenix.com,
+36 70 886 6529
I, the undersigned, declare that I withdraw from the contract of sale for the following goods: