General Terms and Conditions

General Terms and Conditions

(Effective from April 4, 2022, which is also the date of publication on this website)

These Terms and Conditions (hereinafter: T&C) define the rights and obligations of PEMŰ Műanyagipari Zrt. (registered address: 2083 Solymár, Terstyánszky út 89, tax number: 12163771-2-13, company registration number: 13-10-040367, hereinafter: Seller) and the users of its electronic commerce services (hereinafter: Buyer). (Hereinafter collectively referred to as the Parties).

  1. General Information and Contract Formation Between the Parties

1.1 These T&C apply to all electronic commerce services provided within Hungary through the online marketplace available on the website lemez.pemu.hu (hereinafter: PEMÜ Webshop).

1.2 Purchases in the PEMÜ Webshop can only be made by placing an electronic order, following the procedures outlined in these T&C.

1.3 The services of the PEMÜ Webshop may be used by natural persons, legal entities, and other organizations without legal personality that purchase products from the website and acknowledge the provisions of these T&C as binding upon themselves.

1.4 The contract between the Parties is formed when the Buyer completes all required fields on the order form, verifies the entered data, and clicks the “Order” button. The contract is concluded in Hungarian and is considered a written contract. The Seller registers and stores the contract for a period of three (3) months following its conclusion.

1.5 Customer Service:
PEMŰ Zrt.
Address: 2083 Solymár, Terstyánszky út 89

Opening hours:

Monday                  6:00 AM – 1:30 PM

Tuesday                 6:00 AM – 1:30 PM

Wednesday          6:00 AM – 1:30 PM

Thursday              6:00 AM – 1:30 PM

Friday                    6:00 AM – 1:30 PM

  1. Ordering

2.1 The essential characteristics, specifications, and usage instructions for the purchased products can be found on the respective product information pages.

2.2 The purchase price of each product is displayed alongside the selected product and includes VAT (gross price). The purchase price does not include delivery costs.

2.3 The Seller reserves the right to modify the prices of products available on the website. Such modifications become effective upon publication on the website and do not affect the prices of products that have already been ordered. If, despite the Seller’s diligence, an incorrect price appears in the Webshop—especially a clearly erroneous price significantly differing from the generally accepted or estimated market price (e.g., a price of 0 HUF or 1 HUF due to a system error)—the Seller is not obligated to sell the product at the incorrect price. In such cases, the Seller may offer the correct price, and the Buyer may choose to cancel the purchase.

2.4 The Seller will only accept an order if the Buyer has completed all mandatory fields correctly. If any required field is filled in incorrectly or incompletely, the Buyer will receive an error message from the Seller. The Seller is not responsible for delays or other issues arising from incorrect or incomplete order information provided by the Buyer.

2.5 By placing an order, the Buyer declares that they accept and acknowledge the Terms and Conditions as binding.

2.6 Upon receiving the Buyer’s purchase order, the Seller must confirm the purchase electronically (via email).
The Buyer acknowledges that, according to Government Decree 45/2014 (II.26.), Section 15, and other applicable provisions (e.g., Section 20), the placement of an order creates a payment obligation.
An order and its confirmation are considered received when they become accessible to the Seller and the Buyer. The Seller excludes liability for any failure in order confirmation if the Buyer has provided an incorrect email address or is unable to receive messages due to a full inbox.

2.7 Orders are processed on business days and generally take 2 business days to process.
For in-stock products, the delivery time is 2-5 business days from the confirmation of the order.
For out-of-stock products, delivery depends on production time and typically takes 4-8 weeks.

  1. Terms of Delivery and Payment

3.1 The Seller will deliver the product selected and ordered on the website at the time specified in the order confirmation sent via email, to the delivery address indicated by the Buyer during the order process. The ordered product may also be collected in person at the Seller’s premises (PEMÜ Műanyagipari Zrt., 2083 Solymár, Terstyánszky út 89.), subject to prior arrangement.

3.2 The Seller delivers the ordered goods to the Buyer on a pre-arranged date, on weekdays between 6 AM and 2 PM, using a shipping company. The Seller is not able to provide delivery at a specific time (hour).

3.3 Services ordered on the website will be fulfilled at the location specified in the order confirmation email sent to the Buyer.

3.4 For new customers, the Seller initially applies payment upon delivery or in advance. If the Buyer has overdue, unpaid invoices, the Seller will not fulfill the order until the outstanding amounts are settled.

3.5 In the case of product orders, the Buyer is required to inspect the package item by item at the time of delivery and sign the receipt acknowledgment in case of complete fulfillment. After this, the Seller cannot accept complaints regarding missing items. If the Buyer notices any damage or discrepancy, the shipping company must hand over the goods item by item upon request, and a report must be drawn up on-site. The responsibility for any resulting damage lies with the shipping company.

3.6 The Seller informs Buyers that failure to accept the duly delivered ordered product constitutes a breach of contract, and the Buyer will be in default according to Section 6:156 (1) of the Civil Code. In such a case, if the Buyer does not indicate an intention to withdraw from the contract or does not state whether they intend to accept the ordered product, the Seller may charge the usual storage costs and the shipping costs (both to and from the Buyer).

3.7 The home delivery fee is the same as the shipping company’s pricing. For deliveries to other locations, special arrangements are required, and our colleagues will contact the Buyer after the order has been placed.

3.8 Right of Withdrawal

According to Directive 2011/83/EU of the European Parliament and the Council, as well as Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer has the right to withdraw from the contract without justification.

[According to Section 8:1 (1) Point 3 of Act V of 2013 (Civil Code), a consumer is a natural person acting outside the scope of their profession, self-employment, or business activity. Therefore, the right of withdrawal does not apply to businesses, i.e., persons acting within their profession, self-employment, or business activities.]

The Consumer may exercise the right of withdrawal or termination:

  1. a) In the case of a sales contract for a product:
    • aa) for a single product,
    • ab) in the case of multiple products sold at different times, for the last product delivered,
    • ac) for a product consisting of multiple items or parts, for the last item or part delivered,
    • ad) for products to be regularly supplied within a defined period, for the first service,
      from the date the Consumer or a third party designated by the Consumer (other than the carrier) takes possession of the product, within fourteen days.

If the Seller fails to provide this information, the 14-day withdrawal period is extended by twelve months. If the Seller provides the information within 12 months after the product’s receipt or contract conclusion, the withdrawal period ends 14 days after the provision of the information.

The Consumer may exercise the right of withdrawal by making a clear statement or using the withdrawal form specified in Annex 2 of Government Decree 45/2014 (II.26.).

The withdrawal period expires 14 days after the day the Consumer or a third party designated by the Consumer (other than the carrier) takes possession of the product.

The Consumer may also exercise the right of withdrawal during the period between concluding the contract and receiving the product.

The direct cost of returning the product must be borne by the Consumer, and the Seller does not assume this cost.

If the Consumer exercises the right of withdrawal, they will only bear the direct cost of returning the product.

The right of withdrawal does not apply to products that are not prefabricated and have been manufactured based on the Consumer’s specifications or at their express request, or products that have been clearly customized for the Consumer.

The Consumer also cannot exercise the right of withdrawal in cases specified in Section 29 (1) of Government Decree 45/2014 (II.26.).

If the Consumer withdraws as described above, the Seller will refund all amounts paid by the Consumer, including any costs incurred in connection with performance, within fourteen days of becoming aware of the withdrawal. However, the Seller has the right to withhold the refund until the returned goods are received or the Consumer provides proof of return, whichever occurs earlier.

The Consumer must return the goods without undue delay, but no later than 14 days after notifying the Seller of their withdrawal. If the Consumer exercises the right of withdrawal in person at the Seller’s business premises, they may return the goods at the same time.

To exercise the right of withdrawal, it is sufficient for the Consumer to send the withdrawal statement within the 14-day period.

The Consumer is responsible for any depreciation in the value of the product resulting from use beyond what is necessary to determine its nature, characteristics, and functioning.

Further regulations can be found in Government Decree 45/2014 (II.26.) and Directive 2011/83/EU of the European Parliament and the Council.

The withdrawal notice and the withdrawal declaration form can be accessed by clicking here.

  1. Warranty and Guarantee

4.1 The provisions of Act V of 2013 on the Civil Code and Government Decree 151/2003 (IX.22.) on mandatory guarantees for certain durable consumer goods shall apply to warranties and guarantees.

Liability for Defects

In the event of defective performance by the Seller, the Buyer may enforce a liability for defects claim against the Seller in accordance with the provisions of the Civil Code. Within this framework, the Buyer may request repair or replacement, unless the chosen remedy is impossible or would involve disproportionate additional costs for the Seller compared to another available remedy. If the Buyer does not request or cannot request repair or replacement, they may demand a proportional reduction of the purchase price or, as a last resort, may withdraw from the contract.

The Buyer may switch from their chosen liability for defects right to another, but the cost of this transition shall be borne by the Buyer, unless it was justified or provided by the Seller.

The Buyer must report the defect immediately upon discovery, but no later than two months after the discovery of the defect. The limitation period for enforcing liability for defects claims is two years from the date of contract fulfillment (one year for businesses or second-hand goods).

For consumers, within one year from the date of sale, the enforcement of a liability for defects claim only requires the notification of the defect. After one year, the consumer must prove that the defect existed at the time of performance.

Product Warranty

The consumer may choose to enforce either a liability for defects claim or a product warranty claim in the event of a defect in a movable item (goods).

Under a product warranty claim, the consumer may only request the repair or replacement of the defective product.

A product is considered defective if it does not meet the applicable quality standards at the time of sale or does not possess the characteristics described by the manufacturer.

Product warranty claims can only be enforced against the manufacturer or distributor of the product.

Product warranty claims must be made within two years from the date the product was placed on the market by the manufacturer. This deadline is a forfeiture deadline.

When enforcing a product warranty claim, the consumer must prove that the product is defective.

The Seller emphasizes that liability for defects and product warranty claims cannot be enforced simultaneously for the same defect. However, if a product warranty claim is successfully enforced, a liability for defects claim can be made against the manufacturer for the replaced product or repaired part.

Guarantee

In the case of defective performance, the Service Provider is obliged to provide a guarantee based on Government Decree 151/2003 (IX. 22.) if the user qualifies as a Consumer.

The duration of the guarantee:

  1. Two years for products with a sale price of at least 10,000 HUF but not exceeding 250,000 HUF,
  2. Three years for products with a sale price exceeding 250,000 HUF.

Failure to meet these deadlines results in the loss of rights.

The guarantee period begins on the day the product is handed over to the consumer.

The rights arising from the guarantee are in addition to the rights granted by liability for defects and product warranty claims.

Under a guarantee claim, the entitled party may choose to:

  • Request repair or replacement, unless fulfilling the chosen guarantee claim is impossible or would result in disproportionate additional costs for the liable party compared to another available guarantee claim;
  • Demand a proportional reduction of the purchase price; or
  • Withdraw from the contract if the liable party has not undertaken or cannot fulfill the repair or replacement obligation, or if the entitled party has lost interest in the repair or replacement.

Withdrawal from the contract is not allowed in the case of minor defects.

According to Section 5 of NGM Decree 19/2014 (IV. 29.), the Seller must strive to complete the repair or replacement within 15 days. If the repair or replacement takes longer than 15 days, the Seller must inform the Consumer about the expected duration. This notification is provided electronically with the Consumer’s prior consent or in another verifiable manner. The agreement between the parties in a consumer-business contract may not deviate from the provisions of NGM Decree 19/2014 (IV. 29.) to the detriment of the Consumer.

The list of consumer goods subject to the mandatory guarantee is contained in IM Decree 10/2024 (VI. 28.).

4.2 Consumer complaints related to the purchased product are handled in writing via email (lemez@pemu.hu) or by phone (+3620/436-9504). Personal complaints can also be made at the Seller’s registered office on working days between 6:00 AM and 1:30 PM.

The Seller’s webshop operates in Hungary and is maintained there. As the site may be accessed from other countries, users explicitly acknowledge that Hungarian law applies to the relationship between the user and the Seller. If the user is a consumer, according to Section 26 (1) of the Code of Civil Procedure, any disputes arising from this contract shall be under the exclusive jurisdiction of the court corresponding to the Consumer’s domestic residence.

In the event of a dispute, the competent conciliation body is the Pest County Conciliation Board (1055 Budapest, Balassi Bálint u. 25. 4th floor, 2nd door, Tel.: +36-1-792-7881, email: pmbekelteto@pmkik.hu). Information on judicial enforcement options can be found at www.birosagok.hu.

  1. Data Processing and Privacy

5.1 The Seller processes data during its direct business activities in full compliance with the conditions set out in Act CXIX of 1995, as well as the provisions of Acts LXVI of 1992, CVIII of 2001, XLVIII of 2008, and CXII of 2011. This Policy regulates the creation, management, expansion, restriction, and accessibility of databases established during its activities, as well as the operation of its data management system.

5.2 In executing its activities, the Seller interacts with individuals whose data (name, address, email address, phone number) it collects and stores in its computer system. The Seller periodically updates these data and may contact registered individuals via mail, email, or phone for data updates.

5.3 The Seller collects data through its employees and stores them on an independent server. The Seller is responsible for the security and management of the database. Data stored on the system is backed up weekly on separate storage devices, which are kept in a designated location until a new backup is made.

5.4 The Seller only collects data from individuals who voluntarily provide their information when inquiring about a product or service or responding to an advertisement.

5.5 The Seller collects and uses data to tailor its product range and services to customer needs and provide better service.

5.6 The Seller does not share, sell, lend, or exchange collected customer or inquiry data with any third parties. Data is only shared with contractual partners necessary for fulfilling orders (e.g., courier services) and only to the extent necessary for the fulfillment of their obligations.

5.7 The Seller’s online portal allows customers to opt in or out of receiving notifications about promotions and new products.

5.8 The Seller informs customers both online and during service fulfillment (e.g., product delivery) about how to report any changes to their data and how to contact the Company via postal or electronic mail for inquiries.

  1. Miscellaneous

6.1 Purchasing from the website assumes that the Buyer is aware of the technical and technological limitations of the internet and accepts the potential errors associated with the technology.

6.2 The Seller is not responsible for any damage caused by connecting to the website. The Customer is responsible for protecting their computer and the data stored on it.

6.3 The Seller stores the data provided by the Customers for the specific purpose of fulfilling the contract and for future proof of the terms of the contract. The Seller does not disclose the Customer’s data to any third party, except when a third party acts as a subcontractor/partner of the Seller during the execution of the contract. When handling Customer data, the Seller complies with the provisions of Act CXII of 2011 on the Protection of Personal Data and the Disclosure of Public Interest Data.

6.4 The provisions of these General Terms and Conditions that apply only to contracts concluded with individuals who are considered consumers under the Civil Code (particularly the Government Decree 45/2014. (II. 26.)) do not apply to non-consumer Buyers, and the Seller is not obligated to apply them in such cases.

6.5 The Seller has the right to modify these Terms and Conditions at any time. The modification becomes effective when it is published on the website and does not affect contracts concluded before its implementation.