Terms and Conditions

DS-MEDICAL Ltd.

intactbody.com – General Terms and Conditions

A contract concluded on the basis of this document shall not be registered (it will not be accessible retrospectively; the conclusion of the contract is evidenced by the order details), is formed by a legal declaration made through conduct implying such intent, does not constitute a written contract, is written in Hungarian, and does not refer to a code of conduct. Should you have any questions regarding the operation of the online shop or the ordering and delivery processes, please do not hesitate to contact us using the contact details provided.

The scope of these General Terms and Conditions extends to legal relationships arising on the Service Provider’s website (https://intactbody.com) and its subdomains. These GTC are permanently available (and can be downloaded and printed at any time) from the following website: https://intactbody.com/aszf.

Definitions:

User: Any natural person, legal entity or organisation that uses the Service Provider’s services or enters into a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of their profession, self-employment or business activity.

Business: A person acting within the scope of their profession, self-employment or business activity.

Service Provider: A natural person, legal person or unincorporated organisation providing information society services, which provides services to the User and enters into a contract with the User.

Table of Contents

  1. Service Provider’s Details
  2. Basic provisions
  3. Registration / Purchase
  4. Range of products and services available for purchase and prices
  5. Ordering Process
  6. Processing and fulfilment of orders
  7. Right of withdrawal
  8. Warranty
  9. Procedure in the event of a warranty claim
  10. Miscellaneous provisions
  11. Complaints procedure
  12. Copyright
  13. Data Protection Sample Withdrawal Notice

1. Service provider’s details

Name of the service provider: DS-MEDICAL Kft. Registered office of the service provider (and also the address for handling complaints): 4600 Kisvárda, Szent László u. 32. Service provider’s contact details, including the email address regularly used to communicate with customers: info@dsmedical.hu Service provider’s company registration number: [company registration number] The service provider’s tax number: HU-32017672 Name of the registering authority / licensing authority and licence number (if applicable): [company registry of the competent court] The service provider’s telephone number: +36 30 257 4550 Language of the contract: Hungarian Name, address and email address of the hosting provider: BlazeArts Kft. (Forpsi) H-1096 Budapest, Thaly Kálmán utca 39. Tel.: +36 1 610 5506 Email: admin@forpsi.hu

2. Basic provisions

2.1. Matters not regulated in these General Terms and Conditions, as well as the interpretation of these General Terms and Conditions, shall be governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues relating to electronic commerce services, Act CVIII of 2001 on Certain Issues Relating to Information Society Services (the ‘Information Society Services Act’), and Government Decree 45/2014 (26 February) on the detailed rules governing contracts between consumers and businesses. Specialised products are governed by the relevant sector-specific legal provisions. The mandatory provisions of the relevant legislation shall apply to the parties even in the absence of a specific stipulation to that effect.

2.2. These GTC are in force and shall remain in force until revoked. The Service Provider shall publish any amendments to these GTC on the website and shall notify registered Users and/or Users who have previously made a purchase of the changes by email. The amendments do not affect contracts concluded previously; in other words, the amendments have no retroactive effect.

2.3. The Service Provider reserves all rights in respect of the website, any part thereof and the content appearing thereon, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content appearing on the website or any part thereof without the Service Provider’s written consent (with the exception of this document and the data protection notice).

2.4. The Service Provider accepts no liability in connection with the sale or purchase of products published on other websites that are not affiliated with the Service Provider and are not operated by the Service Provider.

3. Registration / Purchase

3.1. In the event that false data or data attributable to another person is provided during the use of the service, when placing an order or when taking out a subscription, the resulting electronic contract may be challenged in court by the party entitled to do so. Should the challenge be successful (the case be won), the contract shall become void from the date of its conclusion; or, if it conceals another contract, the rights and obligations of the parties shall be determined on the basis of the concealed contract.

3.2. The Service Provider shall not be liable in any way for any delay in delivery or other problems or errors attributable to data provided by the User that is incorrect and/or inaccurate. However, the Service Provider informs Users that, following consultation with the User and clear verification of their identity, it may correct any incorrectly entered details in the order to ensure that invoicing and delivery proceed without hindrance.

3.3. The Service Provider shall not be liable for any damages arising from a User forgetting their password or from unauthorised persons gaining access to it for any reason not attributable to the Service Provider (if the User is registered on the website).

4. Range of products and services available for purchase and prices

4.1. The products displayed may be ordered online from the online shop (or, in certain cases, by telephone). The prices displayed for the products are in Hungarian forints and are gross prices (i.e. they include the VAT prescribed by law; or, if the Service Provider invoices VAT-free, the prices represent the amounts payable), but do not include charges relating to delivery or payment. No separate packaging costs are charged, unless the User requests decorative or other special packaging.

4.2. In the online shop, the Service Provider provides detailed information on the product name and description, and displays photographs of the products (where possible).

4.3. Should a promotional price be introduced, the Service Provider shall fully inform Users of the promotion and its exact duration. When setting promotional prices, the Service Provider shall act lawfully, in accordance with the rules set out in Joint Decree No. 4/2009. (30 January) NFGM-SZMM on the detailed rules for the display of the selling price and unit price of products, as well as the fees for 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, but may reject the offer and may propose confirmation at the correct, actual price; upon receiving this information, the User has the right to

  • not to accept the amended offer and to cancel the order;
  • to maintain their order at the correct price.

Under Act V of 2013 on the Civil Code (Ptk.), a contract is formed by the mutual and unanimous expression of the parties’ intent. If the parties are unable to agree on the terms of the contract, i.e. there is no declaration expressing the parties’ will mutually and in unison, then no valid contract can be said to have been concluded from which rights and obligations would arise.

A price of

  • 0 Ft,
  • 1 Ft, or
  • a promotional price that does not correspond to the stated percentage discount relative to the original price. For example, if the original price of a product is 10,000 Ft and a 50 per cent discount applies, the correct promotional price would be 5,000 Ft. It is considered an incorrect price if 1,000 Ft or 2,000 Ft is displayed instead.

5. Ordering process

5.1. Following registration, the User logs in to the online shop; alternatively, they may begin shopping without registering.

5.2. The User adds the selected products to their basket. The User can view the contents of their basket at any time by clicking on the ‘basket’ icon.

5.3. The User specifies the quantity of the product(s) they wish to purchase.

5.4. If the User does not wish to purchase any further products, they should check the quantities of the products they wish to purchase. You can clear the contents of your basket by clicking on the ‘Delete – X’ icon. To finalise the quantity, click on the ‘+/-’ icon.

5.5. The User enters the delivery address, followed by the delivery/payment method, the options for which are as follows:

5.5.1. Payment methods:

Cash on delivery: If the ordered product is delivered by a courier service or to a parcel collection point (e.g. a FoxPost parcel locker), the User may pay the total order amount to the courier or at the parcel collection point in cash or by bank card upon collection of the ordered product(s).

Online by credit/debit card: The User may pay the total order amount online by credit/debit card via the secure payment system of the financial service provider used by the Service Provider.

Credit card payment via SimplePay:

I acknowledge that DS-MEDICAL Kft. (4600 Kisvárda, Szent László u. 32.), as the data controller, will transfer my personal data listed below – which is stored in the user database at https://intactbody.com – to SimplePay Zrt. as the data processor. The scope of the data transferred by the data controller is as follows: billing name and address, email address, telephone number.

The nature and purpose of the data processing activities carried out by the data processor can be viewed in the SimplePay Data Protection Notice at the following link: https://simplepay.hu/adatkezelesi-tajekoztatok/

5.5.2. Delivery methods:

The User may collect the ordered products in the following ways, or request delivery via the following courier services:

  • GLS courier service (home delivery)
  • Magyar Posta (MPL) (home delivery)
  • FoxPost parcel locker (collection from a parcel point)

5.6. Delivery charges (gross amounts):

[delivery charges to be specified by product category/delivery method]

5.7. The total amount payable, as set out in the order summary and confirmation letter, 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 ordered product(s) are correct. Delivery of the product(s) takes place on working days between 8.00 and 17.00.

5.8. After entering their details, the User can submit their order by clicking the ‘Submit order’ button; but before doing so, they may check the details provided once more, add a comment to their order, or email us with any other requests relating to the order.

5.9. By placing an order, the User acknowledges that, in accordance with Section 15 of Government Decree 45/2014. (II. 26.) and its other provisions (e.g. Section 20), a payment obligation arises upon placing the order.

5.10. Correcting data entry errors: The User may, at any time before completing the ordering process, return to the previous stage to correct the data entered. In detail: during the ordering process, it is possible to view and amend the contents of the basket; if the basket does not contain the quantity the User wishes to order, the User may enter the desired quantity in the data entry field in the ‘Quantity’ column. If the User wishes to remove items from the basket, they should click the ‘X’ ‘Remove’ button. Throughout the ordering process, the User has the option to correct or delete the data they have entered at any time. The User may also request that any errors be corrected by telephone or email even after the order has been submitted.

5.11. The User will receive a confirmation by email once the order has been submitted. If this confirmation does not reach the User within a reasonable timeframe, depending on the nature of the service, but no later than 48 hours from the time the User’s order was submitted, the User shall be released from any obligation to accept the offer or from any contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes accessible to them. The Service Provider shall not be liable for the confirmation if it is not received on time because the User provided an incorrect email address during registration, or because the User’s account storage space is full and cannot receive messages.

5.12. The User acknowledges that the confirmation referred to in the previous clause is merely an automated confirmation and does not constitute the formation of a contract. The contract is formed when, following the automated confirmation referred to in the previous clause, the Service Provider notifies the User in a further email of the details of the order and its expected fulfilment.

5.13. Publication of customer reviews and related rules

Our online shop features only those customer reviews submitted by consumers who have purchased or used the product. We do not filter reviews in such a way as to display only positive reviews. The publication of false consumer reviews or recommendations for the purpose of promoting our products is strictly prohibited.

6. Order processing and fulfilment

6.1. Orders are processed during working hours. Orders may be placed outside the times specified for order processing; if an order is placed after working hours have ended, it will be processed on the following working day. The Service Provider will in all cases confirm electronically when it is able to fulfil the order.

6.2. General delivery deadline: within 1–2 working days of the conclusion of the contract.

6.3. Under the contract of sale, the Service Provider is obliged to transfer ownership of the goods, whilst the User is obliged to pay the purchase price and take delivery of the goods.

6.4. Where the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the goods to the buyer, the risk of loss passes to the buyer when the buyer or a third party designated by the buyer takes possession of the goods. The risk of loss passes to the buyer upon handover to the carrier if the buyer has engaged the carrier, provided that the carrier was not recommended by the seller.

6.5. In the event of a delay on the part of the Service Provider, the User is entitled to set a grace period. If the seller fails to perform within the grace period, the buyer is entitled to withdraw from the contract.

6.6. The User is entitled to withdraw from the contract without setting a grace period if: a) the Service Provider has refused to perform the contract; or b) the contract was to be performed within the specified performance period – and at no other time – in accordance with the agreement between the parties or by virtue of the recognisable purpose of the service.

If the Service Provider is in default, the User may demand performance; or, if the User’s interest in the performance of the contract has ceased as a result of the delay, the User may withdraw from the contract.

The User is not required to prove that their interest in performance has ceased in order to withdraw from the contract if a) the contract was to be performed at the specified time of performance – and at no other time – in accordance with the agreement between the parties or by virtue of the recognisable purpose of the service; or b) the entitled party has set a reasonable grace period for subsequent performance, and that grace period has elapsed without result.

6.7. If the Service Provider fails to fulfil its contractual obligation because the product specified in the contract is not available, it shall be obliged to inform the User of this without delay and to refund the amount paid by the User without delay; and the Service Provider shall ensure that the User may exercise any other rights provided for by law in the event of defective performance.

6.8. The Service Provider draws Users’ attention to the fact that if the User fails to take delivery of the ordered product(s) that have been supplied in accordance with the contract (irrespective of the method of payment), they shall be in breach of contract, they shall be in default in accordance with Section 6:156(1) of the Civil Code.

This means that, in accordance with the rules governing agency without authority – provided the Consumer does not indicate their intention to withdraw from the contract (and does not state whether they wish to take delivery of the ordered product(s)) – the Service Provider shall charge Users the usual costs of storage relating to the product(s) and the delivery costs (both ways).

The Service Provider draws Users’ attention to the fact that, in order to enforce the legal claims arising in this way, it will engage the services of a debt collection agency and/or a solicitor, and therefore the User shall also be liable for the payment of any other (legal) costs arising from the breach of contract (including, where applicable, the fees for payment order proceedings).

7. Right of withdrawal

7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree No. 45/2014. (II.26.) on detailed rules governing contracts between consumers and businesses, the Consumer is entitled to a right of withdrawal without giving any reason.

The consumer may exercise their right of withdrawal or termination: a) in the case of a contract for the sale of goods: aa) in respect of the goods; ab) where several items of goods are supplied and the delivery of the individual items takes place at different times, in respect of the last item supplied; ac) in the case of a product consisting of several items or pieces, the last item or piece supplied; ad) where the product is to be supplied regularly within a specified period, the first supply;

the consumer or a third party designated by them, other than the carrier, may exercise this right within fourteen days of the date of receipt.

If the Service Provider fails to comply with this information requirement, the 14-day withdrawal period shall be extended by twelve months. If the Service Provider provides the information more than 14 days after the date of receipt of the goods or the conclusion of the contract for the provision of the service, within 12 months, the period available for withdrawal shall be 14 days from the date on which this information is provided.

7.2. The Consumer may exercise their right of withdrawal by making an unambiguous statement to that effect, or by using the model form set out in Annex 2 to Government Decree No. 45/2014 (II.26.).

7.3. The period within which the right of withdrawal may be exercised expires 14 days after the date on which the Consumer, or a third party designated by the Consumer other than the carrier, takes delivery of the product.

7.4. The Consumer may also exercise their right of withdrawal during 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 shall be borne by the Consumer; the business has not undertaken to bear this cost. This does not apply if the product cannot be returned by post.

7.6. Where the right of withdrawal is exercised, the Consumer shall not be liable for any costs other than the direct cost of returning the product.

7.7. The right of withdrawal does not apply to the Consumer in the case of a product not manufactured in advance which has been produced in accordance with the Consumer’s instructions or at their express request, or in the case of a product which has been clearly personalised for the Consumer.

7.8. The Consumer may also not exercise their right of withdrawal (full list of exceptions in accordance with the Regulation):

(a) in the case of a contract for the provision of services, after the service has been fully performed; however, where the contract gives rise to a payment obligation on the part of the consumer, only if performance commenced with the consumer’s express prior consent and with the consumer’s acknowledgement that they would lose their right of withdrawal as soon as the business had fully performed the contract;

(b) in respect of goods or services whose price or fee is not within the control of the business and depends on fluctuations that may occur even within the time limit specified in Section 20(2);

c) in the case of goods not produced in advance, which have been manufactured in accordance with the consumer’s instructions or at their express request, or in the case of goods which have been clearly personalised for the consumer;

d) in the case of perishable goods or goods that retain their quality for only a short period;

e) goods in sealed packaging which, for health or hygiene reasons, cannot be returned once the packaging has been opened following delivery;

f) goods which, by their nature, are inseparably mixed with other goods after delivery;

g) in respect of alcoholic beverages whose actual value depends on market fluctuations beyond the control of the business, and the price of which was agreed by the parties at the time the contract of sale was concluded, but where performance of the contract takes place only after the thirtieth day following its conclusion;

(h) in the case of a contract for the provision of services where the trader visits the consumer at the consumer’s express request to carry out urgent repair or maintenance work;

i) the sale of sound or video recordings in sealed packaging, as well as copies of computer software, where the consumer has unsealed the packaging following delivery;

j) in respect of newspapers, magazines and periodicals, with the exception of subscription contracts;

k) contracts concluded at a public auction;

l) contracts for the provision of accommodation (other than residential accommodation), transport, car hire, catering or services relating to leisure activities, where a specific performance date or deadline has been stipulated in the contract;

(m) in respect of digital content supplied on a non-tangible medium, where the trader has commenced performance with the consumer’s express prior consent, and the consumer, at the time of giving such consent, acknowledged that they would lose their right of withdrawal or termination once performance had commenced, and the trader has sent a confirmation to the consumer in accordance with Section 12(2) or Section 18.

7.9. The service provider shall, without delay, but no later than fourteen days from the date on which it becomes aware of the withdrawal, shall refund the full amount paid by the consumer as consideration, including any costs incurred in connection with the performance. However, the Service Provider is entitled to a right of retention.

7.10. When making the refund, we shall use the same payment method as that used in the original transaction, unless the Consumer expressly consents to the use of a different payment method; the Consumer shall not incur any additional costs as a result of this method of refund.

7.11. The Consumer is obliged to return the goods without undue delay, but in any event no later than 14 days from the date on which the notice of withdrawal from the contract was sent to the Service Provider. If the trader also sells the goods at its business premises and the consumer exercises their right of withdrawal in person at the trader’s business premises, they are entitled to return the goods to the trader at the same time.

7.12. In the case of a written withdrawal by the consumer, it is sufficient to send the notice of withdrawal within 14 days.

7.13. The consumer shall be deemed to have met the deadline if they return or hand over the product(s) before the expiry of the 14-day period. The return is deemed to have been made within the time limit if the consumer sends the product before the expiry of the time limit.

7.14. The consumer shall bear only the direct cost of returning the product, unless the product cannot be returned by post.

7.15. The Service Provider is not obliged to reimburse the Consumer for any additional costs arising from the choice of a method of delivery other than the cheapest standard method of delivery offered by the Service Provider.

7.16. The Service Provider may withhold the refund until it has received the goods back or until the Consumer has provided proof that they have been returned: whichever occurs first shall apply.

7.17. If the Consumer wishes to exercise their right of withdrawal, they may notify the Service Provider of this in writing (using the attached form if desired), by telephone, or even in person, using any of the Service Provider’s contact details. In the case of written notification by post, the date of posting shall be taken into account; in the case of notification by telephone, the date of the telephone call shall be taken into account. The Consumer may return the ordered product to the Service Provider by post or via a courier service.

7.18. The consumer is liable only for any depreciation resulting from use exceeding that necessary to ascertain the nature, characteristics and functioning of the product.

7.19. Government Decree No. 45/2014 (II.26.) on the detailed rules governing contracts between consumers and businesses is available here.

7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here.

7.21. The consumer may also contact the Service Provider regarding any other complaints using the contact details provided in these General 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 a business, i.e. a person acting in the course of their trade, profession or business.

7.24. (Applicable only where the Service Provider also provides a service in addition to the sale.) If the Consumer terminates a distance contract after performance has commenced, they shall be obliged to pay the trader a fee proportionate to the service performed up to the date on which the trader was notified of the termination. The amount to be paid by the Consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration specified in the contract, plus tax. If the Consumer proves that the total amount determined in this way is excessively high, the proportionate amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.

Procedure for exercising the right of withdrawal:

7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider of their intention to withdraw via the Service Provider’s contact details.

7.24.2. The Consumer shall be deemed to have exercised their right of withdrawal within the time limit if they send their notice of withdrawal before the expiry of the 14th day from the date of receipt of the product. In the case of a written withdrawal, it is sufficient simply to send the notice of withdrawal within 14 days. Where notification is sent by post, the date of posting shall be taken into account; where notification is sent by email, the time of sending the email shall be taken into account.

7.24.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider’s address without delay, but no later than 14 days from the date of notification of their notice of withdrawal. The deadline is deemed to have been met if the product is dispatched before the expiry of the 14-day period (i.e. it does not need to arrive within 14 days). The customer shall bear the direct costs incurred in returning the goods as a result of exercising the right of withdrawal. If the trader also sells the goods in a shop, and the consumer exercises their right of withdrawal in person at the trader’s shop, they are entitled to return the goods to the trader at the same time.

7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for any additional costs arising from the choice of a method of delivery other than the cheapest standard method of delivery offered by the Service Provider. The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.

7.24.5. In the case of the sale of multiple products, where the delivery of the individual products takes place at different times, the right of withdrawal shall apply within 14 days of receipt of the last product delivered, or, in the case of a product consisting of several items or pieces, the last item or piece delivered, the consumer may exercise their right of withdrawal within 14 days of receipt.

8. Warranty

Defective performance

The obligor is deemed to have performed defectively if, at the time of performance, the service does not meet the quality requirements laid down in the contract or by law. The obligor is not in breach of contract if the obligee was aware of the defect at the time the contract was concluded, or should have been aware of the defect at that time.

In a contract between a consumer and a business, any clause which deviates from the provisions of this chapter relating to the warranty of quality and the guarantee to the detriment of the consumer shall be null and void.

A User classified as a business: a person acting within the scope of their profession, self-employment or business activity.

Warranty of Fitness for Purpose

8.1. In what circumstances may a User exercise their right under the warranty of quality?

In the event of defective performance by the Service Provider, the User may assert a claim under the warranty of quality against the Service Provider in accordance with the provisions of the Civil Code.

8.2. What rights are available to the User on the basis of a claim under the warranty of quality?

The User may, at their discretion, make the following claims under the warranty for defects: they may request repair or replacement, unless the claim chosen by the User is impossible to fulfil or would entail disproportionate additional costs for the business compared to fulfilling another claim. If the User has not requested, or was unable to request, repair or replacement, they may claim a proportionate reduction in the price or – as a last resort – withdraw from the contract. You may also switch from one warranty option to another; however, the cost of such a switch shall be borne by you, unless it was justified or the trader gave cause for it.

The consumer is also entitled – in proportion to the seriousness of the breach of contract – to demand a proportionate reduction in the price or to terminate the contract of sale if

a) the trader has failed to carry out the repair or replacement, or has carried it out but has failed, in whole or in part, to remove the goods and recommission them, or has refused to bring the goods into conformity with the contract; (b) a repeated failure to perform has occurred, despite the contractor having attempted to bring the goods into conformity with the contract; c) the defect in performance is of such a serious nature as to justify an immediate price reduction or the immediate termination of the contract of sale; or d) the trader has not undertaken to bring the goods into conformity with the contract, or it is evident from the circumstances that the trader will not bring the goods into conformity within a reasonable period or without causing significant prejudice to the consumer’s interests.

If the consumer wishes to terminate the contract of sale on the grounds of defective performance, the trader bears the burden of proving that the defect is insignificant.

The consumer is entitled to withhold the remaining part of the purchase price – in proportion to the seriousness of the breach of contract – until the trader has fulfilled its obligations regarding performance in accordance with the contract and in relation to the defective performance.

The reasonable time limit for carrying out the repair or replacement of the goods shall be calculated from the date on which the consumer notified the trader of the defect.

The consumer must make the goods available to the trader so that the repair or replacement can be carried out.

The trader must arrange for the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods which, in accordance with the nature and purpose of the goods – prior to the defect becoming apparent — the obligation to repair or replace the goods shall include the removal of the non-conforming goods and the installation of the goods supplied as a replacement or repaired, or the bearing of the costs of such removal and installation.

The consideration paid shall be proportionate if its amount corresponds to the difference between the value to which the consumer would be entitled in the event of performance in accordance with the contract and the value of the goods actually received by the consumer.

The consumer’s right to terminate the contract of sale under the warranty of quality may be exercised by means of a legal declaration addressed to the trader, expressing the decision to terminate the contract.

If the defective performance affects only a specific part of the goods supplied under the contract of sale, and the conditions for exercising the right to terminate the contract in respect of those goods are met, the consumer may terminate the contract of sale only in respect of the defective goods, but may also terminate the contract in respect of any other goods acquired together with them if the consumer cannot reasonably be expected to retain only the goods that comply with the contract.

If the consumer terminates the contract of sale in its entirety or in respect of part of the goods supplied under the contract of sale, then a) the consumer must return the goods in question to the trader at the trader’s expense; and b) the trader must, without undue delay, refund to the consumer the purchase price paid for the goods in question as soon as it has received the goods or proof of their return.

8.3. Within what time limit may the User make a claim under the warranty of quality?

The User (if classified as a consumer) is obliged to report the defect immediately upon discovery, but no later than two months from the date of discovery. However, please note that you may no longer assert your warranty rights once the limitation period of two years (or one year in the case of business-to-business transactions or second-hand goods) from the date of performance of the contract has expired. (In the case of products with an expiry date, the warranty may be enforced until the end of the expiry period).

Where, in the case of goods containing digital elements, the contract of sale provides for the continuous supply of digital content or a digital service over a specified period, the trader shall be liable for any defect in the goods relating to the digital content or digital service, provided that the defect (a) in the case of continuous supply lasting no more than two years, within two years of the performance of the contract; or (b) in the case of continuous supply lasting more than two years, throughout the entire duration of the continuous supply occurs or becomes apparent.

8.4. Against whom may the User enforce a claim under the warranty of quality?

The User may assert their claim under the warranty against the Service Provider.

8.5. What other conditions apply to the enforcement of your warranty rights (if you qualify as a Consumer)?

Within one year of performance, there are no conditions for enforcing a warranty claim other than notifying the Service Provider of the defect, provided the User can prove that the product or service was supplied by the business operating the online shop. However, once one year has elapsed since performance, the User is obliged to prove that the defect identified by the User was already present at the time of performance.

Product Warranty

8.6. In what circumstances may the Consumer exercise their right under the product warranty, and what rights are available to the Consumer on the basis of a product warranty claim?

In the event of a defect in a movable item, the Consumer may, at their discretion, exercise their right to warranty for defects in goods or make a claim under the warranty for defects in accordance with the provisions of the Civil Code.

As a claim under the product warranty, the Consumer may request that the defective product be repaired or replaced.

8.7. Against whom may the Consumer enforce their claim under the warranty for defects?

You may exercise your warranty rights against the manufacturer or distributor of the product (hereinafter collectively referred to as ‘the manufacturer’).

8.8. In what circumstances is a product considered defective?

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 possess the characteristics set out in the manufacturer’s description.

8.9. Within what time limit may the Consumer assert a claim under the product warranty?

The Consumer may make a claim under the product warranty within two years of the product being placed on the market by the manufacturer. Once this time limit has expired, the Consumer loses this right.

8.10. What rules of evidence apply when making a claim under the product warranty?

When making a claim under the product warranty, you must prove that the product was defective at the time the manufacturer placed it on the market.

8.11. In what circumstances is the manufacturer exempt from its product liability obligations?

The manufacturer is exempt from its liability under the warranty if it can prove that: - the product was not manufactured or placed on the market in the course of its business, or - the defect was not recognisable at the time of placing the product on the market, given the state of science and technology at that time, or - the defect in the product arises from the application of legislation or mandatory official regulations.

The manufacturer need only prove one of these grounds to be exempt from liability.

Please note that the Consumer may assert a claim under the warranty against the business and a claim under the product liability warranty against the manufacturer simultaneously and in parallel for the same defect. If a claim under the product warranty is successfully enforced, any subsequent claim under the warranty of fitness for purpose relating to the replaced product or the part of the product that has been repaired may only be made against the manufacturer.

8.12. In the case of a contract between a consumer and a business, it shall be presumed, unless proven otherwise, that any defect identified by the consumer within one year of performance already existed at the time of performance, unless this 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 the warranty or guarantee if it can prove that the damage resulted from faulty or negligent handling after the risk of damage had passed, excessive use, or influences other than those specified, or any other use of the products not in accordance with their intended purpose.

9. Procedure in the event of a warranty claim

(For Users classified as consumers)

9.1. In a contract between a consumer and a business, the agreement between the parties may not deviate to the detriment of the consumer from the provisions of Decree No. 19/2014. (IV. 29.) NGM on the procedural rules for handling warranty and guarantee claims relating to goods sold under a contract between a consumer and a trader.

9.2. It is the consumer’s responsibility to provide proof of the conclusion of the contract (by means of an invoice or even just a receipt).

9.3. The costs associated with fulfilling the warranty obligation shall be borne by the Service Provider (Section 6:166 of the Civil Code).

9.4. The Service Provider is obliged to draw up a report on any warranty or guarantee claim reported to it by the Consumer.

9.5. A copy of the report must be made available to the Consumer without delay and in a verifiable manner.

9.6. If the Service Provider is unable to state at the time of notification whether the Consumer’s warranty or guarantee claim can be met, it must notify the Consumer of its position – including, in the event of rejection, the grounds for rejection and the option to refer the matter to the conciliation body – within five working days, in a verifiable manner.

9.7. The Service Provider is obliged to retain the report for three years from the date of its compilation and to produce it at the request of the supervisory authority.

9.8. The Service Provider must endeavour to carry out the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than 15 days, the Service Provider must inform the consumer of the expected duration of the repair or replacement. This information shall be provided, subject to the consumer’s prior consent, by electronic means or by any other means suitable for confirming receipt by the consumer.

10. Miscellaneous provisions

10.1. The Service Provider is entitled to engage a subcontractor to fulfil its obligations. It shall bear full liability for any unlawful conduct on the part of such a subcontractor, as if it had committed the unlawful conduct itself.

10.2. Should any part of these GTC become invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness or enforceability of the remaining parts.

10.3. Should the Service Provider fail to exercise a right to which it is entitled under these GTC, such failure shall not be deemed a waiver of that right. Any waiver of a right shall only be valid if made by an express written statement to that effect. The fact that the Service Provider does not, on a single occasion, strictly insist on compliance with any material term or condition of the GTC does not mean that it waives its right to insist on strict compliance with that term or condition at a later date.

10.4. The Service Provider and the User shall endeavour to settle any disputes between them amicably.

10.5. The Parties acknowledge that the Service Provider’s online shop operates in Hungary, and its maintenance is also carried out there. As the website can also be accessed from other countries, Users expressly acknowledge that Hungarian law shall govern the relationship between the User and the Service Provider. Where the user is a Consumer, pursuant to Section 26(1) of the Civil Procedure Act, the court having jurisdiction over the defendant’s (the Consumer’s) place of residence in Hungary shall have exclusive jurisdiction in any disputes arising from this contract involving the Consumer.

10.6. The Service Provider shall not apply different general terms and conditions of access to the products available in the online shop on the grounds of the User’s nationality, place of residence or place of establishment.

10.7. With regard to the payment methods it accepts, the Service Provider shall not apply different conditions to the payment transaction on the basis of 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 issue within the Union of the non-cash payment instrument.

10.8. The Service Provider shall comply with the prohibition on unjustified territorial restrictions on content within the internal market based on the customer’s nationality, place of residence or place of establishment, and on combating other forms of discrimination, as well as with Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394, and Directive 2009/22/EC.

11. Complaints procedure

(For Users classified as consumers)

11.1. The Service Provider’s aim is to fulfil all orders to an appropriate standard, to the complete satisfaction of the customer.

11.2. The consumer may submit a complaint to the company either verbally or in writing.

11.3. The company shall investigate verbal complaints immediately and remedy the situation as necessary.

11.4. If the consumer does not agree with the handling of the complaint, or if it is not possible to investigate the complaint immediately, the business shall draw up a report on the complaint and its position regarding it without delay, and shall proceed in accordance with the rules governing written complaints.

11.5. The business shall provide the consumer with a copy of the record: a) in the case of a verbal complaint made in person, on the spot; b) in the case of a verbal complaint made by telephone or via another electronic communications service, shall send it no later than at the same time as the substantive response – unless the consumer has not provided all the details required to handle the complaint, in accordance with clause 11.8.

11.6. The business is obliged to assign a unique reference number to any verbal complaint made by telephone or via an electronic communications service.

11.7. The record of the complaint must contain the following: a) the consumer’s name, address or email address, b) the place, time and method of lodging the complaint, c) a detailed description of the consumer’s complaint, and a list of the records, documents and other evidence presented by the consumer, d) a statement from the business setting out its position regarding the consumer’s complaint, provided that the complaint can be investigated immediately, e) the signature of the person drawing up the record and – except in the case of a verbal complaint made by telephone or using another electronic communications service – the consumer’s signature, f) the place and time at which the record was drawn up, g) in the case of a verbal complaint made by telephone or via another electronic communications service, the unique identification number of the complaint, and h) a warning regarding the provisions of paragraph 11.8.

11.8. If, during the recording of the report, the consumer fails to provide the information set out in points (a) and (c) of paragraph 11.7, or refuses to sign the report in accordance with point (e) of paragraph 11.7, the business shall refrain from applying the provisions set out in clause 11.9 when dealing with the verbal complaint.

11.9. Unless otherwise provided for in a directly applicable legal act of the European Union, the undertaking is obliged to respond in writing to a written complaint within thirty days of its receipt, providing a substantiated reply on the merits of the case, and to take steps to ensure that the response is communicated. A shorter time limit may be laid down by legislation, whilst a longer time limit may be laid down by statute. The business is obliged to give reasons for any decision to reject the complaint.

11.10. If the undertaking provides an electronic platform or form for the submission of a written complaint, it is obliged to confirm receipt of the written complaint without delay at the email address provided by the consumer.

11.11. The business must retain the minutes of the verbal complaint or the written complaint, as well as copies of its substantive response to the complaint, for three years and produce them at the request of the supervisory authority.

11.12. If a complaint is rejected, the business is obliged to inform the consumer in writing of the authority or conciliation body to which the consumer may refer the matter, depending on the nature of the complaint. The information must also include the registered office, telephone number, website and postal address of the competent authority or the conciliation body responsible for the consumer’s place of residence, place of stay or registered office. The information must also state whether the business has made a general declaration of submission.

11.13. The business may refrain from investigating a repeated complaint made by the same consumer that is identical in content to a previous complaint to which a substantive response has already been given and which contains no new information, as well as a consumer complaint made by an unidentifiable person.

11.14. Please note that, should your complaint be rejected, you may initiate proceedings before a regulatory authority or conciliation body in relation to your complaint, as set out below (the Service Provider has not made a general declaration of submission):

11.15. The Consumer may lodge a complaint with the consumer protection authority: Pursuant to Sections 45/A(1)–(3) of the Consumer Protection Act (Fgytv.) and Government Decree No. 326/2024. (14 November 2024) on the designation of the consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok

11.16. In the event of a complaint, the Consumer may turn to a conciliation board; their contact details can be found here: [the full list of county conciliation boards may be attached on request, based on Annex 1 of the original Tenmag General Terms and Conditions]

The conciliation board with jurisdiction over the Service Provider’s registered office: Szabolcs-Szatmár-Bereg County Conciliation Board, address: [exact address], email: [email address], telephone: [telephone number] (please check the exact contact details on the website of the Szabolcs-Szatmár-Bereg County Chamber of Commerce and Industry)

11.17. The Conciliation Board is responsible for resolving consumer disputes out of court. The Conciliation Board’s role is to attempt to reach a settlement between the parties with a view to resolving the consumer dispute; should this prove unsuccessful, it shall issue a decision in the matter to ensure the simple, swift, effective and cost-efficient enforcement of consumer rights. At the request of the consumer or the Service Provider, the Conciliation Board shall provide advice on the rights to which the consumer is entitled and the obligations incumbent upon the consumer.

In conciliation proceedings, in the absence of a settlement, the conciliation board shall issue a decision binding on the merits of the case if a) aa) the application is well-founded, and the undertaking – in its general declaration of submission pursuant to Section 36/C, as registered with the Conciliation Board or the Chamber, or as communicated in its commercial communications, at the start of the proceedings or, at the latest, by the time the decision is made, has recognised the conciliation body’s decision as binding upon itself, or ab) the undertaking has not made a declaration of submission, but the claim is well-founded and the consumer’s claim – neither in the application nor at the time the decision imposing the obligation was made – exceeds two hundred and fifty thousand forints, or b) makes a recommendation if the claim is well-founded, but the undertaking stated at the outset of the proceedings that it would not recognise the Council’s decision as binding, or if it made no statement whatsoever regarding its recognition of the Council’s decision.

11.18. In the event of a cross-border consumer dispute relating to an online sales or 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 under an obligation to cooperate in the conciliation body proceedings; as part of this, it is required to send its written response to the conciliation body, containing the information specified in the Consumer Protection Act and within the time limit set out therein. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 , the business is obliged to ensure the participation of a person authorised to reach a settlement at the hearing. At an online hearing, the trader’s representative authorised to reach a settlement must participate online. If the consumer requests a face-to-face hearing, the trader’s representative authorised to reach a settlement must at least participate in the hearing online.

11.20. If the Consumer does not refer the matter to a conciliation body, or if the proceedings have been unsuccessful, the Consumer may bring the matter before a court to resolve the dispute. The proceedings must be initiated by a statement of claim, which must include the following information: - the court having jurisdiction; - the names, addresses and legal standing of the parties and their representatives; - the right to be enforced, together with a statement of the facts on which it is based and the evidence supporting them; - the details from which the court’s jurisdiction and competence can be established; - a specific request for the court to make a decision.

The statement of claim must be accompanied by the document, or a copy thereof, to which it refers as evidence.

12. Copyright

12.1. As the website https://intactbody.com constitutes a work protected by copyright, it is prohibited to download (reproduce) the content appearing on the https://intactbody.com website or any part thereof, redistributing it to the public, using it in any other way, storing it electronically, processing it or selling it without the Service Provider’s written consent – with the exception of legal documents, as the User may download the General Terms and Conditions and the Privacy Notice without any conditions or restrictions, and may store them in any form.

12.2. Any material taken from the https://intactbody.com website and its database may, even with written consent, only be reproduced with a reference to that specific website.

12.3. The Service Provider reserves all rights to all elements of its service, its domain name, any sub-domain names derived therefrom, and its online advertising spaces.

12.4. It is prohibited to adapt or reverse-engineer the content of the https://intactbody.com website or any part thereof; the unauthorised creation of user IDs and passwords; or the use of any application that allows the https://intactbody.com website or any part thereof to be modified or indexed.

12.5. The name ‘https://intactbody.com’ is protected by copyright; its use, with the exception of linking, is permitted only with the Service Provider’s written consent.

12.6. The User acknowledges that, in the event of unauthorised use, the Service Provider is entitled to a penalty payment. The amount of the penalty is 60,000 HUF gross per image and 20,000 HUF gross per word. In the event of a copyright infringement, the Service Provider shall obtain a notarial certificate of the facts, the cost of which shall also be borne by the infringing user.

13. Data Protection

The website’s privacy policy is available at the following address: https://intactbody.com/adatvedelem

Kisvárda, [date of entry into force]

Sample withdrawal notice

(please complete and return only if you wish to withdraw from the contract)

Addressee (name, postal address, email address, fax number, telephone number): DS-MEDICAL Kft., 4600 Kisvárda, Szent László u. 32., info@dsmedical.hu, +36 30 257 4550

The undersigned hereby declares that they are withdrawing from the sale and purchase of the following goods:

Date of order / date of receipt:

Name(s) of consumer(s):

Address of consumer(s):

Signature(s) of the consumer(s) (only in the case of written notification):

Date: