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General contractual conditions

Registered office and postal address: Popluxon Ltd. CH: 16114928 

85, Great Portland Street, First Floor, London, W1W 7LT, UK

PoPLuxon Ltd.

Effective Date: 03 December 2024

Last Updated: 20 January 2026

General Terms and Conditions

PoPLuxon Ltd.

Effective Date: 21 January 2026

Last Updated: 21 January 2026

 

1.1. These General Terms and Conditions (“Terms”) govern the use of the website https://mypopprogram.com (“Website”) and all products and services offered by PoPLuxon Ltd. (“Company,” “we,” “us,” or “our”), a company registered in England and Wales.

1.2. Company Details:

  • Company Name: PoPLuxon Ltd.
  • Company Number: 16114928
  • Registered Office: 85 Great Portland Street, First Floor, London, W1W 7LT, UK
  • Email: info@mypopprogram.com
  • Trading Name: PoP Program

1.3. By accessing our Website or purchasing any services from PoPLuxon Ltd., you (“Customer,” “User,” or “you”) agree to be bound by these Terms in full. If you do not agree to these Terms, you must not use our Website or services.

1.4. We reserve the right to amend these Terms at any time. Any changes will be posted on this page with an updated “Last Updated” date. Continued use of our Website or services after such changes constitutes acceptance of the revised Terms.

 

2.1. “Services” refers to all digital products, programs, coaching sessions, consultations, and educational materials offered by PoPLuxon Ltd., including but not limited to:

  • PoP Potency Program
  • PoP VIP Program
  • 20-Minute In-depth Consultation
  • Digital books and educational materials
  • Access to the VIP Club Forum

2.2. “Digital Content” means data produced and supplied in digital form, including video content, workbooks, guides, and written materials.

2.3. “Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession.

2.4. “Contract” means the legally binding agreement between you and PoPLuxon Ltd. for the provision of Services, formed upon completion of your purchase.

 

3.1. OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE. The PoP Program is an educational and self-help resource created by Martina Somorjai, a Potencyologist®. It focuses on psychological and behavioral aspects of sexual health.

3.2. Always consult a licensed medical professional or physician before starting any program related to your sexual or physical health.

3.3. By purchasing our Services, you acknowledge that you have read and understood our Medical Disclaimer and agree to its terms.

 

4.1. To purchase and use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete information during registration and purchase

4.2. By using our Services, you confirm that you meet all eligibility requirements stated above.

 

5.1. Certain Services may require you to create an account. You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

5.2. We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.

 

6.1. PoP Potency Program

The PoP Potency Program is a 30-day, 100% online, self-paced program designed to address male sexual performance issues such as Erectile Dysfunction (ED), Premature Ejaculation (PE), and Porn-Induced Erectile Dysfunction (PIED). The program includes:

  • Approximately 12 hours of sex therapy video content
  • Case studies
  • Access to the VIP Club Forum
  • Exclusive workbook and exercises
  • Trauma processing guidance
  • Brain regeneration exercises
  • Guidance on sexuality and masculinity

6.2. PoP VIP Program

The PoP VIP Program offers personalized 1-on-1 coaching sessions for individuals seeking deeper, customized transformation and support.

6.3. 20-Minute In-depth Consultation

An ultra-focused consultation session designed to identify the root cause of your concerns based on a Potency Questionnaire analysis.

6.4. Digital Books

We offer digital publications including:

  • “How to Deal with Porn Addiction”
  • “35 Penis Stimulation + 27 Cougar Pampering Tricks”

 

7.1. All orders placed through our Website constitute an offer to purchase our Services.

7.2. A binding Contract is formed when:

  • You complete the checkout process and submit payment
  • We send you an order confirmation email

7.3. We reserve the right to refuse or cancel any order at our discretion, including but not limited to cases of:

  • Pricing errors
  • Suspected fraud
  • Incomplete or inaccurate information provided

7.4. If we cancel your order after payment has been received, we will issue a full refund.

 

8.1. Payments are processed via Stripe.

8.2. Upon successful payment, you receive immediate digital access.

8.3. Digital content access is personal and non-transferable. Sharing account credentials is strictly prohibited.

 

9.1. Upon successful payment, you will receive access to purchased Digital Content via:

  • Email confirmation with login details, and/or
  • Direct access through your account on our Website

9.2. Delivery of Digital Content is typically immediate or within 24 hours of purchase. If you do not receive access within this timeframe, please contact us.

9.3. You are responsible for ensuring that your email address and account details are accurate to facilitate delivery.

 

10.1. Individual results vary. We do not guarantee specific outcomes.

10.2. Your success depends on your commitment and consistent application of the techniques. You assume full responsibility for your actions and results.

 

11.1. We offer a conditional, results-based money-back guarantee:

  • Request Window: Requests must be submitted only on the 14th or 15th day after purchase.
  • Eligibility Requirements: You must prove full participation by submitting completed workbooks after 10 days, attending the mandatory Day 10 consultation, and participating in an exit interview on Day 14.
  • Deductions: Non-refundable costs (consultation fees, book costs, and administration fees) will be deducted from any refund amount.

 

12.1. All materials, including videos, workbooks, and the titles “PoP Program” and “Potencyologist®,” are the exclusive property of PoPLuxon Ltd. and are protected by copyright. Unauthorized reproduction or distribution is strictly prohibited.

 

12.1. All content on our Website and within our Services, including but not limited to text, graphics, logos, images, videos, audio, software, and Digital Content, is the property of PoPLuxon Ltd. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

12.2. The trademark “Potencyologist®” is a registered trademark of PoPLuxon Ltd. Unauthorized use is strictly prohibited.

12.3. Upon purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Digital Content for your personal, non-commercial use only.

12.4. You may NOT:

  • Copy, reproduce, distribute, or share any Digital Content with third parties
  • Modify, adapt, or create derivative works from our content
  • Use our content for commercial purposes without written permission
  • Remove or alter any copyright or proprietary notices

12.5. Any unauthorized use of our intellectual property may result in termination of your access and legal action.

 

13.1. When using our Services, including the VIP Club Forum, you agree to:

  • Treat other users and our staff with respect
  • Refrain from posting offensive, abusive, defamatory, or discriminatory content
  • Not share personal information of other users without consent
  • Not engage in spamming, harassment, or any illegal activity

13.2. We reserve the right to remove any content and suspend or terminate user access for violations of these guidelines, without refund.

 

14.1. Our Services are provided on an “as is” and “as available” basis.

14.2. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties that our Services will meet your specific requirements
  • Warranties that our Services will be uninterrupted, timely, secure, or error-free

14.3. Results Disclaimer: Individual results from using our Services may vary. We do not guarantee any specific outcomes, improvements, or results. Success depends on various factors, including individual effort, commitment, and circumstances.

 

15.1. To the fullest extent permitted by applicable law, PoPLuxon Ltd., its directors, employees, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Any damages arising from your use or inability to use our Services

15.2. Our total liability to you for any claim arising from or relating to these Terms or our Services shall not exceed the amount you paid for the specific Service giving rise to the claim.

15.3. Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded or limited under applicable law

 

16.1. You agree to indemnify, defend, and hold harmless PoPLuxon Ltd., its directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of our Services
  • Your breach of these Terms
  • Your violation of any rights of a third party
  • Any content you submit or share through our Services

 

17.1. Our Website may contain links to third-party websites or services that are not owned or controlled by PoPLuxon Ltd.

17.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

17.3. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

 

18.1. Your privacy is important to us. Our collection and use of your personal data is governed by our Privacy Policy.

18.2. By using our Services, you consent to the collection, use, and processing of your personal data as described in our Privacy Policy.

18.3. We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

 

19.1. We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters
  • Acts of government or regulatory authorities
  • Pandemics or public health emergencies
  • Internet or telecommunications failures
  • Cyberattacks

 

20.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms.

20.2. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

 

21.1. These Terms, together with our Privacy Policy and Medical Disclaimer, constitute the entire agreement between you and PoPLuxon Ltd. regarding your use of our Services.

21.2. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter hereof.

 

22.1. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent.

22.2. We may assign or transfer our rights and obligations under these Terms to any third party without restriction.

 

23.1. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.2. Any waiver of any provision of these Terms will be effective only if in writing and signed by PoPLuxon Ltd.

 

24.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales.

24.2. Any disputes arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

24.3. If you are a Consumer residing in the European Union, you may also be entitled to use the European Commission’s Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr.

 

25.1. These Terms are drafted in the English language. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

 

If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us:

PoPLuxon Ltd.

  • Address: 85 Great Portland Street, London, W1W 7LT, United Kingdom
  • Email: [Insert contact email]
  • Website: https://mypopprogram.com

By using our Website or purchasing our Services, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions.

© 2026 PoPLuxon Ltd. All rights reserved.

Welcome to the PoP Program. These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and PoPLuxon Ltd., a company registered in England and Wales (“Company,” “we,” “us,” or “our”).

By accessing our website at https://mypopprogram.com (“Website”) or purchasing any of our products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree to these Terms, you must not access or use our Website or purchase our products or services.

 

For the purposes of these Terms:

  • “Content” means all text, videos, audio, images, workbooks, exercises, and other materials provided through our programs and services.
  • “Digital Products” means downloadable or streaming content, including but not limited to e-books, video courses, and workbooks.
  • “Program” means any course, coaching package, or structured service offered by us.
  • “Services” means all products, programs, consultations, and offerings provided by PoPLuxon Ltd.
  • “VIP Club Forum” means the private online community accessible to eligible program participants.

 

  • Company Name: PoPLuxon Ltd.
  • Registered Office: 85, Great Portland Street, First Floor, London, W1W 7LT, UK
  • Company Number: 16114928
  • Email: info@mypopprogram.com

 

By using our Website and purchasing our Services, you represent and warrant that:

  1. a) You are at least 18 years of age;
  2. b) You have the legal capacity to enter into a binding contract;
  3. c) You are accessing our Services for personal, non-commercial use;
  4. d) All information you provide to us is accurate, complete, and current; and
  5. e) You understand that our Services address sensitive topics related to sexual health and personal development.

 

PoPLuxon Ltd. offers the following products and services:

5.1 PoP Potency Program

A 30-day, 100% online, private program designed to address male sexual performance issues including Erectile Dysfunction (ED), Premature Ejaculation (PE), and Porn-Induced Erectile Dysfunction (PIED). The program includes:

  • Approximately 12 hours of sex therapy video content
  • Case studies
  • Access to the VIP Club Forum
  • Exclusive workbook
  • Trauma processing techniques
  • Brain regeneration exercises
  • Guidance on sexuality and masculinity

5.2 PoP VIP Program

Personalised one-on-one coaching for individuals seeking deeper transformation and tailored guidance.

5.3 20-Minute In-Depth Consultation

An ultra-focused consultation session to identify the root cause of performance issues based on a Potency Questionnaire analysis.

5.4 Digital Books

  • “How to Deal with Porn Addiction”
  • “35 Penis Stimulation + 27 Cougar Pampering Tricks”

 

6.1 Not Medical Advice

OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The PoP Program and all related Services are educational and self-help resources focusing on psychological, mental, and behavioural aspects of sexual performance. Our programs are created by Martina Somorjai, a Potencyologist®, and are not intended to replace professional medical consultation.

You should always consult a qualified healthcare professional before making any decisions related to your health, particularly if you:

  • Have any underlying medical conditions;
  • Are taking any medications;
  • Experience persistent or severe symptoms; or
  • Have concerns about your physical health.

6.2 No Guaranteed Results

While our programs have helped many individuals, we cannot and do not guarantee specific results. Individual outcomes vary based on numerous factors including personal commitment, individual circumstances, and consistent application of the techniques taught.

Testimonials and case studies represent individual experiences and are not indicative of typical results.

6.3 Personal Responsibility

You acknowledge that your participation in our programs is entirely voluntary and that you assume full responsibility for your choices, actions, and results. You agree to use the Content and techniques responsibly and in accordance with your own judgment.

 

7.1 Account Creation

To access certain Services, you may be required to create an account. You agree to:

  1. a) Provide accurate and complete registration information;
  2. b) Maintain the security and confidentiality of your login credentials;
  3. c) Accept responsibility for all activities occurring under your account; and
  4. d) Notify us immediately of any unauthorised use of your account.

7.2 One User Per Account

Your account is personal to you. You may not share your login credentials or allow others to access your account or our Content. Each purchase grants a single-user licence only.

 

8.1 Pricing

All prices are as displayed on the website.

8.2 Payment Processing

Payments are processed securely via Stripe. You are responsible for providing valid payment information. In the event of a failed payment for a subscription or installment plan, access to the program will be suspended until the balance is settled.

8.3 Payment Confirmation

Upon successful payment, you will receive an email confirmation with details of your purchase and instructions for accessing your Services.

 

9.1 Digital Delivery

All our products and services are delivered digitally. Upon successful payment:

  • Programs and Courses: You will receive immediate access to the online platform and Content.
  • Digital Books: Download links will be provided via email or through your account dashboard.
  • Consultations: Booking instructions will be sent via email within 24 hours of purchase.

9.2 Access Period

Unless otherwise specified:

  • PoP Potency Program: Lifetime access to Content from the date of purchase.
  • VIP Club Forum: Access duration as specified at the time of purchase.
  • Digital Books: Perpetual access upon download.

We reserve the right to update, modify, or discontinue Content, provided that the core educational value of your purchase is maintained.

 

We provide a results-based guarantee. If you conscientiously follow the entire program and do not see any improvement, you may request a refund under the following strict conditions:

  • Request Window: Refund requests can ONLY be submitted on the 14th or 15th day following your purchase. Requests made before or after this specific 48-hour window will not be accepted.
  • Mandatory Requirements for Eligibility:
  • Homework Submission: You must submit your fully completed PoP Program exercise books and workbooks for review after 10 days of starting the program.
  • Consultations: You must have participated in the mandatory Day 10 progress consultation and follow all professional advice provided during the program.
  • Exit Interview: To verify your participation and learning, you must undergo an “exit interview” consultation on the 14th day to prove you have practiced the techniques.
  • Deductions: In the event of a refund, the following costs are non-refundable and will be deducted from the total amount:
  • The fee for the Day 10 consultation.
  • The fee for the Day 14 exit interview and analysis.
  • The cost of the physical/digital books provided.
  • A standard administration fee.
  • Forfeiture of Access: Upon a refund being processed, your access to the PoP Program and any associated VIP forums or materials will be immediately terminated.
  • No Advice Compliance: If it is determined that any part of the program advice was not followed, no refund will be issued, as the lack of improvement is deemed the user’s responsibility.

 

11.1 Acknowledgement and Consent

By purchasing our digital products and services, you:

  1. a) Request immediate access to the digital Content; and
  2. b) Acknowledge that you will lose your statutory 14-day cancellation right once access to the Content has been provided and download or streaming has commenced.

11.2 Checkbox Confirmation

At the point of purchase, you will be asked to confirm your acknowledgement of the above by ticking a checkbox or equivalent confirmation mechanism.

 

12.1 Ownership

All Content, including but not limited to text, graphics, logos, videos, audio, images, software, workbooks, methodologies, and the “PoP Program” and “Potencyologist®” names and brands, are the exclusive property of PoPLuxon Ltd. or its licensors and are protected by copyright, trademark, and other intellectual property laws.

12.2 Limited Licence

Upon purchase, you are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Content for your personal, non-commercial purposes only.

12.3 Prohibited Actions

You may not:

  1. a) Copy, reproduce, distribute, or publicly display any Content;
  2. b) Modify, adapt, translate, or create derivative works from the Content;
  3. c) Share, resell, sublicense, or commercially exploit the Content;
  4. d) Use any automated means to access or download the Content;
  5. e) Remove any copyright, trademark, or proprietary notices; or
  6. f) Record, screenshot, or capture any video or audio Content.

12.4 Enforcement

Violation of these intellectual property provisions may result in immediate termination of your access without refund and may subject you to legal action for damages.

 

13.1 VIP Club Forum Rules

When participating in the VIP Club Forum or any community feature, you agree to:

  1. a) Treat all members with respect and dignity;
  2. b) Maintain the confidentiality of other members’ shared experiences;
  3. c) Refrain from posting offensive, abusive, discriminatory, or inappropriate content;
  4. d) Not solicit, advertise, or promote external products or services;
  5. e) Not share personal contact information publicly; and
  6. f) Report any concerns or violations to our support team.

13.2 Consequences of Violation

We reserve the right to remove content, suspend, or permanently terminate access for any user who violates these conduct rules, without refund.

 

Your privacy is important to us. Please refer to our Privacy Policy at [Insert Privacy Policy URL] for detailed information on how we collect, use, and protect your personal data, including Special Category Data related to your health.

By using our Services, you consent to the collection and processing of your data as described in our Privacy Policy.

 

15.1 Maximum Liability

To the fullest extent permitted by law, the total liability of PoPLuxon Ltd. arising out of or in connection with your use of our Services shall be limited to the amount you paid for the specific product or service giving rise to the claim.

15.2 Exclusion of Damages

We shall not be liable for any:

  1. a) Indirect, incidental, special, consequential, or punitive damages;
  2. b) Loss of profits, revenue, data, or business opportunities;
  3. c) Personal injury or health issues arising from your application of the techniques taught;
  4. d) Relationship outcomes or consequences;
  5. e) Damages arising from your failure to seek appropriate medical advice; or
  6. f) Damages caused by circumstances beyond our reasonable control.

15.3 No Exclusion of Statutory Rights

Nothing in these Terms shall exclude or limit liability for:

  1. a) Death or personal injury caused by negligence;
  2. b) Fraud or fraudulent misrepresentation; or
  3. c) Any other liability that cannot be excluded by law.

 

You agree to indemnify, defend, and hold harmless PoPLuxon Ltd., its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

  1. a) Your breach of these Terms;
  2. b) Your misuse of our Services;
  3. c) Your violation of any third-party rights; or
  4. d) Any claim that your actions caused harm to a third party.

 

Our Website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites. Your use of third-party services is at your own risk.

 

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website with an updated “Last Updated” date.

Your continued use of our Services after any modifications constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

Material changes affecting existing customers will be communicated via email where possible.

 

19.1 Termination by Us

We may suspend or terminate your access to our Services immediately and without notice if you:

  1. a) Breach any provision of these Terms;
  2. b) Engage in fraudulent or illegal activity;
  3. c) Share your account or Content with others; or
  4. d) Engage in conduct detrimental to our community or business.

19.2 Effect of Termination

Upon termination:

  1. a) Your licence to access and use the Content is immediately revoked;
  2. b) You must cease all use of our Content; and
  3. c) Provisions of these Terms that by their nature should survive (including intellectual property, limitation of liability, and indemnification) shall remain in effect.

 

20.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us first to attempt to resolve any dispute informally. Please email us at [Insert Contact Email] with a detailed description of your concern.

20.2 Mediation

If informal resolution is unsuccessful, the parties agree to consider mediation before pursuing litigation.

 

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, you may also be entitled to bring proceedings in the courts of your country of residence.

 

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

 

These Terms, together with our Privacy Policy and any other legal notices published on our Website, constitute the entire agreement between you and PoPLuxon Ltd. regarding your use of our Services and supersede all prior agreements, representations, and understandings.

 

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of PoPLuxon Ltd.

 

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

If you have any questions, concerns, or requests regarding these Terms, please contact us:

PoPLuxon Ltd.

Email: info@mypopprogram.com

Website: https://mypopprogram.com

By using our Website or purchasing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

© 2026 PoPLuxon Ltd. All rights reserved.

Hosting provider: Elin.hu

Tax number14315754208
Company registration number08 09 016359
Full nameELIN.hu Informatikai Szolgáltató és Tanácsadó Korlátolt Felelősségű Társaság

 

  1. PREAMBLE

 

Welcome! Before ordering any of my products, please read carefully this document, the so-called General Terms and Conditions (hereinafter: GTC).

Your order is subject to acceptance of these GTC.

If you have any questions about this document, the use of the website, the products, the purchasing process, or if you would like to discuss your specific needs with me, please contact me using one of the contact details provided in Part II.

Thank you!

II IMPRESUSE

 

  1. Details of the Seller

Name: PoPLuxon Ltd.

Place of establishment: Popluxon Ltd. 

85, Great Portland Street, First Floor, London, W1W 7LT, UK

Postal address: Popluxon Ltd. 

85, Great Portland Street, First Floor, London, W1W 7LT, UK

Date of registration: 2024.12.03.

Registration number: 16114928 

Registering authority: Company House, UK

Activities: 

Bank account host: Wise

Website: mypopprogram.com

Customer service: Weekdays: 10-12 CET

Phone number: landline: +442046201683, mobile/whatsapp: +44 7749 122261

Postal address: 

E-mail: info@mypopprogram.com 

No personal reception.

  • Details of the hosting provider

Hosting provider: Elin.hu

ELIN.hu Information Technology Service Provider and Consultant Limited Liability Company 9024 Győr, Déry T utca 11. 2. em. 4.)

III. DEFINITIONS

 

Seller: a person who is obliged to transfer the ownership of the thing.

Parties: Seller and Buyer together.

Consumers: a natural person acting for purposes other than his/her own occupation and economic activity who buys, orders, receives, uses, makes use of or is the recipient of commercial communications or offers in relation to goods.

In addition to the above, a consumer in the conciliation procedure is also a non-governmental organisation, a religious legal person, a condominium, a housing association, a micro, small and medium-sized enterprise, a micro, small and medium-sized enterprise, acting for purposes outside its own occupation and scope of economic activity, which buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.

Consumer contract: a contract where one of the parties is a consumer.

Website: a device that enables communication between absent persons, the conclusion of a contract between absent persons.

Goodwill:

  1. a) a guarantee for the performance of the contract which the undertaking voluntarily assumes for the proper performance of the contract, in addition to its statutory obligation or in the absence thereof, and
  2. b) the mandatory legal guarantee.

Contract: A contract of sale between the Seller and the Buyer using this Website and electronic mail.

A device that enables communication between remote parties: an instrument capable of making a contractual statement in the absence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices.

Contract between remote parties: a consumer contract which is concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract.

Product: all marketable movable property which is the subject of the contract and which is offered for sale by the Seller and which is included in the offer on this Website.

Business: a person acting in the course of his or her profession, self-employed occupation or business.

Buyer: A person who is obliged to pay the purchase price and take delivery of the goods.

 

  1. RELEVANT LEGISLATION

 

In particular, the following legislation applies to the contract:

  • Act CLV of 1997 on Consumer Protection (hereinafter: Fgy.tv.)
  • Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter: Eker.tv.)
  • Act V of 2013 on the Civil Code (hereinafter: Civil Code)
  • Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act)
  • Act CXXX of 2016 on the Code of Civil Procedure (hereinafter: Pp.)
  • Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses (hereinafter: Government Decree 45/2014)
  • Decree 151/2003 (IX. 22.) on the compulsory warranty of certain consumer durables (hereinafter: Government Decree 151/2003)
  • 19/2014 (IV. 29.) NGM Decree on the procedural rules for the settlement of warranty and guarantee claims relating to goods sold under a contract between a consumer and a business (hereinafter: NGM Decree)
  • Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (hereinafter: EU Regulation)
  1. SCOPE AND ADOPTION OF THE General contractual conditions

 

The content of the contract between the Seller and the Buyer is determined by these GTC and other information published on the website, in addition to the provisions of the applicable mandatory legislation.

The GTC set out the rights and obligations of the parties, the conditions of the contract, the deadlines for performance, the delivery and payment terms, the liability rules and the conditions for exercising the right of withdrawal.

The Customer is obliged to familiarise himself with the provisions of these GTC before finalising his order.

By purchasing through the Website, the Customer accepts the provisions of these GTC.

The GTC shall form an integral part of the contract between the Buyer and the Seller.

  1. THE LANGUAGE OF THE CONTRACT, THE FORM OF THE CONTRACT

 

The language of the contracts covered by the GTC is Hungarian.

Contracts covered by the GTC are not written contracts and are not registered by the Seller.

VII. PRICES

 

Prices are in CHF/EUR

The Seller is exempt from VAT and is not subject to VAT.

The prices indicated on the Website are the prices to be paid by the Buyer at the point of sale.

The Seller reserves the right to change the price.

VIII. COMPLAINTS AND REDRESS

 

The Consumer may submit complaints about the product or the Seller’s activities to the following contact details:

The Consumer may communicate orally or in writing to the business – in this case the Seller  about your complaintwhich relates to the conduct, activity or omission of the Seller or of any person acting for or on behalf of the Seller directly connected with the marketing or sale of goods to consumers.

The Seller must immediately investigate the verbal complaint and remedy it as necessary..

If the Consumer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Seller shall immediately record the complaint and its position.

In the case of a verbal complaint made by telephone, to be sent to the Consumer within 30 days at the latest, together with the substantive reply, in accordance with the provisions applicable to the reply to the written complaint. In all other respects, the Consumer shall proceed as follows in relation to the written complaint.

The written complaint by the Seller – unless otherwise provided for in a directly applicable legal act of the European Union, upon receipt must reply in writing within thirty days, giving a substantive reply and arranging for its communication. A shorter deadline may be set by law, and a longer deadline by statute.

The Seller must state the reasons for rejecting the complaint.

The Seller must provide a unique identification number for any verbal complaint made by telephone.

The record of the complaint must include the following:

  • the name and address of the consumer,
  • where, when and how the complaint was lodged,
  • a detailed description of the consumer’s complaint and a list of the documents, records and other evidence presented by the consumer,
  • a statement of the business’s position on the consumer’s complaint, if an immediate investigation of the complaint is possible,
  • the signature of the person taking the record and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the consumer,
  • where and when the minutes were taken,
  • in the case of an oral complaint made by telephone or other electronic communication service, the unique identification number of the complaint.

The seller must keep a record of the complaint and a copy of the reply for five years and present it to the inspection authorities at their request.

If the complaint is rejected, the Seller shall inform the Consumer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information must also include the location, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information should also include whether the business will use the conciliation body to resolve the consumer dispute.

If any consumer dispute between the Seller and the Consumer is not resolved during the negotiations, the following enforcement options are available to the consumer:

Consumer protection authority procedure

If the Consumer finds that his/her consumer rights have been infringed, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence.

The seller draws the consumer’s attention to the fact that the consumer protection authority does not have the competence to examine the conclusion, validity, effects and termination of the contract.

However, the powers of the consumer protection authority include:

  • It shall monitor compliance with the provisions of the Act on Consumer Protection in relation to marketing, the provision of services, the protection of children and minors, consumer groups, complaint handling, customer service, the employment of a consumer protection officer and the obligation of undertakings to send a reply in conciliation proceedings, and shall act in the event of any breach of the provisions of this Act and the legislation issued for its implementation.
  • It monitors compliance with the provisions laid down as consumer protection provisions in specific legislation and, unless otherwise provided by the Act on the Prohibition of Unfair Commercial Practices against Consumers, it acts in the event of any breach of those provisions.
  • Unless otherwise provided by a specific law or government decree, the consumer protection authority is entitled to check:
  • to sell the goods to consumers,
  • the quality, composition and packaging of the product marketed to consumers,
  • the measurement, official price or otherwise compulsory price of goods intended for sale or sold to consumers,
  • to handle consumer complaints,
  • to deal with warranty and guarantee claims under a consumer contract,
  • the requirement of equal treatment in the marketing of the product or provision of the service; and
  • to inform consumers

compliance with the relevant provisions and takes action in the event of infringements.

  • It checks the general terms and conditions used for the conclusion of consumer contracts or made publicly available for this purpose to ensure that they do not contain any terms and conditions which unilaterally and unjustifiably establish contractual rights and obligations to the detriment of the consumer, contrary to the requirements of good faith and fairness.

The tasks of the consumer protection authorities are carried out by the metropolitan/county government offices competent according to the Consumer’s place of residence, the contact details of which can be found at the following link: https://kormanyhivatal.hu

Court proceedings

The Customer – including the Consumer and the Buyer who is not a Consumer – is entitled to enforce his/her claim arising from the dispute before the court in civil proceedings in accordance with the provisions of the Civil Code, on the basis of the procedural rules set out in the Civil Code.

Conciliation Body procedure

The conciliation procedure requires the Consumer to attempt to resolve the dispute directly with the business, in this case the Seller.

If the Consumer’s complaint is rejected by the Seller, the Consumer is also entitled to apply to the conciliation body competent for his/her place of residence or domicile.

The conciliation body designated in the consumer’s request shall be competent to conduct the procedure instead of the competent body, upon the consumer’s request.

The conciliation body is competent to settle consumer disputes out of court.

The task of the conciliation body is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to decide on the case in order to ensure the simple, quick, efficient and cost-effective enforcement of consumer rights. The conciliation body shall, at the request of the Consumer or the Seller, advise on the rights and obligations of the Consumer.

The conciliation body will start its proceedings at the request of the Consumer. The Seller points out that the Consumer in the conciliation procedure cannot be a natural person (see definitions).

The request must be submitted to the chairman of the conciliation body in writing: the requirement of written form may be satisfied by letter, telegram, telex or fax, or by any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data in their unaltered form and content.

The application must include

  • the name, residence or domicile of the Consumer,
  • the name, registered office or relevant location of the company involved in the consumer dispute – the Seller,
  • if the Consumer has requested the designation of the competent conciliation body instead of the competent conciliation body,
  • a brief description of the Consumer’s position, the facts supporting it and the evidence to support it,
  • a statement by the Consumer that the Consumer has tried to resolve the dispute directly with the business concerned
  • a declaration by the Consumer that no other conciliation body has been involved in the case, that no mediation procedure has been initiated, that no statement of claim has been lodged and that no application for an order for payment has been made,
  • a motion for a decision of the panel,
  • the signature of the Consumer.

The request must be accompanied by the document or a copy (extract) of the document to the contents of which the Consumer refers as evidence, in particular a written statement by the business – i.e. the Seller – rejecting the complaint, or, failing this, any other written evidence available to the Consumer that the required conciliation has been attempted.

If the Consumer acts through an authorised representative, the authorisation must be attached to the application.

The seller has a duty of cooperation in the conciliation procedure.

In this context, the Seller shall have the right, at the request of the conciliation body, to obligation to send a reply, and an obligation to appear before the conciliation body attendance obligation.

If the Seller’s registered office, place of business or branch is not registered in the county of the chamber of conciliation which operates the territorially competent conciliation body, the obligation of cooperation of the business shall include offering the possibility of a written settlement in accordance with the consumer’s request.

The consumer protection authority has jurisdiction in the event of a breach of the above obligation to cooperate.

Online dispute resolution platform

Seller informs Buyer that the online dispute resolution platform, operated by the European Commission, is intended to enable consumers and traders in the EU, Norway, Iceland and Liechtenstein to settle disputes about the online sale of goods or services out of court.

The Online Dispute Resolution (ODR) platform is not linked to any trader, it allows you to send your complaint to an approved dispute resolution body.

A dispute settlement body is an impartial organisation or individual that helps consumers and traders resolve disputes. This process is called alternative dispute resolution, which is usually quicker and cheaper than litigation in court.

Only dispute resolution bodies approved by national governments on the basis of different qualitative criteria – fairness, transparency, efficiency and accessibility – can be used on the ODR platform.

The online dispute resolution platform is available here:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

To use the platform, the buyer and the trader must be resident or established in the EU, Norway, Iceland or Liechtenstein.

A complaint can be made if:

  • The Buyer is resident in an EU Member State, Norway, Iceland or Liechtenstein.
  • The trader – the Seller – is established in an EU country, Norway, Iceland or Liechtenstein.
  • Your complaint concerns a product or service that you have purchased online.
  • You know the trader’s e-mail address.
  • You have already contacted the trader about your complaint.
  • You are trying to settle your dispute with the trader out of court for the first time.
  • The trader has not previously been sued in this case.

Once the trader has agreed to deal with the complaint under the dispute resolution procedure. The Parties must agree within 30 days on which dispute settlement body they will request to investigate the complaint.

Your complaint will be referred to a dispute resolution body of your choice.

The platform will send a notification to the Buyer if the dispute resolution body is able to deal with your case and reaches a result.

If the dispute settlement body is unable to deal with the complaint, you will also be notified of this, together with the reasons for the failure.

  1. COPYRIGHT

 

The content of the website is protected by copyright under the Civil Code and the Civil Code, and it is illegal to copy or use it in its unaltered form without the permission of the copyright holder.

Any material may be reproduced or used, even with the written consent of the copyright holder, only with reference to this website and acknowledgement of the source.

The rights holder:

Unauthorised use is subject to severe penalties under the law.

A penalty will be imposed for unauthorised use or copying. The amount of the penalty is HUF 100.000 per copied page and per calendar day, which will be charged to the unauthorized user. By acceptance, the user expressly accepts the imposition of the penalty.

To prove this, a notarial content certificate is prepared at the expense of the infringer.

A notarial certificate of contents is a public document.

  1. PARTIAL INVALIDITY, CODE OF CONDUCT

 

If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in force and the provisions of the applicable legislation apply in place of the invalid or defective part.

The Seller does not have a code of conduct under the Unfair Commercial Practices Act.

  1. OPERATION OF DIGITAL CONTENT, TECHNICAL PROTECTION MEASURES

 

A backup of the entire data content is made regularly, so that the original data content can be restored in the event of a problem.

Personal data is stored with an appropriate level of encryption.

XII. INFORMATION ON THE ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

 

Information on the essential characteristics of the products available for purchase is provided on the website in the descriptions of each product, including multi-product bundles.

The information on this product page is for information purposes only.

Images are occasionally illustrations.

XIII. CORRECTION OF DATA ENTRY ERRORS – RESPONSIBILITY FOR THE ACCURACY OF THE DATA PROVIDED

 

To the buyer when placing the order – on the order form – before the order is finalised, you will always have the possibility to modify the data you have entered.

It should be stressed that it is the responsibility of the Customer to ensure that the information provided is entered accurately.

The data provided by the Customer will be used for invoicing and sending the product.

By placing an order, the Buyer acknowledges that the Seller is entitled to charge the Buyer for all damages and costs resulting from the Buyer’s incorrect data entry and inaccurate data.

The Seller shall not be liable for performance based on inaccurate data entry.

The Seller draws your attention to the fact that an incorrectly provided e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and prevent the conclusion of the contract.

XIV. PROCEDURE IN CASE OF INCORRECT PRICE

 

It is possible that – e.g. due to a technical error – incorrect price on the website. In the case of an incorrect price, the Seller is not able to accept the order – i.e. the Buyer’s offer – at the incorrect price and is not obliged to sell the product at the incorrect price.

No contract will be concluded between the Buyer and the Seller in case of an incorrect price offer.

If the Buyer makes an offer – an order – at the wrong price, the Seller will draw the Buyer’s attention to the correct price and may offer to conclude a contract at the correct price.

The Buyer is not obliged to make an offer and conclude a contract at the correct price communicated by the Seller instead of the incorrect price. In this case, no contract shall be concluded between the parties.

  1. USING THE WEBSITE – THE SHOPPING PROCESS

 

Select a Product

The customer can access the product or product package by clicking on the “Book” menu. Here the customer will find a description, photo and description.

By clicking on the “Order now” button, the Customer will be informed of the price.

Any accessories or decorative elements that may be shown in the photographs are not part of the product, unless specifically highlighted in the product description.

Order process

After selecting the product, the Customer can add any number of products to the shopping cart by clicking on the “Order now” button, without any obligation to purchase or pay. Adding a product to the basket does not constitute an offer.

The Seller recommends that the Buyer adds the product to the shopping cart even if he is not sure whether he wants to buy the product. This will give him a clear overview of the products he has chosen at that moment, allowing him to view and compare them on a screen and to know the total amount he will have to pay.

The contents of the basket are summarised on the order form.

The contents of the shopping cart can be freely modified until the order is finalized – until the “Checkout” button is pressed -, products can be removed from the cart at will, new products can be added to the cart at will, and the desired product number can be changed.

If the Buyer does not wish to select any more products, please click on the “Pay” button!

View the Cart

The customer can check the contents of the basket on the order form.

Here the Customer has the possibility to remove the selected products from the basket or change the number of items.

The system then displays the information corresponding to the data changed by the Customer, including the price of the products added to the basket.

If the Customer does not wish to select any further products and add them to the shopping cart, he/she can continue the ordering process by clicking on the “Pay” button.

Entering customer data

Customer details can also be entered on the order form.

In the “Contact details” and “Billing details” boxes, the Customer must provide his/her first and last name, e-mail address, telephone number and billing name and address.

Buyers can indicate here if they wish to buy as a company. In this case, the name of the company and the address of its registered office must be entered in the “Invoicing details” box. The buyer acknowledges that the seller is not subject to VAT.

Enter transport data

On the order form, in the “Delivery details” box, the Customer can indicate if he wishes to have the goods delivered to an address other than the billing address. In this case, the Buyer must provide the name and exact address of the person available at the delivery address, as well as a telephone number.

The seller delivers the physical products by courier service. Delivery of physical products to a parcel machine can also be requested.

Specify payment methods

The buyer can choose from the following payment methods:

  • online bank card
  • bank transfer

Coupon code

If the Buyer has a coupon code, they can record it in the “Coupon Code” box. After entering the coupon code, the validation can be done by clicking on the “Redeem” button.

The coupon cannot be used retroactively.

The same voucher code can only be used once.

Finalising the order (making an offer)

If the Customer is satisfied that the contents of the basket correspond to the products he/she wishes to order and that his/her details are correct, he/she can – after accepting the GTC – complete his/her order by clicking on the “Pay” button.

The information provided on the website does not constitute an offer by the Seller to enter into a contract. In the case of orders covered by these GTC, the Buyer shall be deemed to be the offeror and the contract shall be concluded upon acceptance by the Seller of the offer made by the Buyer through the Website, in accordance with the provisions of these GTC.

By pressing the “Pay” button, the Buyer expressly acknowledges that his offer is deemed to have been made and that his declaration, in the event of confirmation by the Seller in accordance with these GTC, shall entail an obligation to pay.

The buyer is bound by the offer for a period of 48 hours. If the Buyer’s offer is not confirmed by the Seller within 48 hours in accordance with these GTC, the Buyer is released from its obligation to submit an offer.

Processing of the order, conclusion of the contract

The Buyer may place an order at any time. The Seller will confirm the Buyer’s offer by e-mail on the next working day, but no later than 48 hours after the Buyer’s offer has been sent. 

The contract is concluded upon acceptance by the Seller of the offer made by the Buyer.

XVI. PAYMENT METHODS

 

Online bank card

The buyer can pay for the products online by credit card.

If you choose this payment method, the Customer will be automatically redirected to the online payment platform.

Bank transfer

The buyer can also pay for the products by bank transfer.

Please inquire about the details at Seller: info@mypopprogram.com

  • PICK-UP METHODS, PICK-UP FEES

For the current delivery costs, please refer to the document “Delivery and payment terms”.

Buyers can find out about the expected delivery charges by consulting the information on the website about products and product packages, or by filling in and viewing the order form.

Products are delivered to your door or placed in a parcel machine.

The Seller reserves the right to use another courier service provider for delivery. The Seller undertakes to inform the Buyer of any different arrangements.

 

XVIII. DEADLINE FOR PERFORMANCE

 

The general delivery time for the order is 30 days maximum from the date of receipt of the payment and confirmation of the order. This delivery date is indicative and any deviation from it will be notified by the Seller to the Buyer by e-mail.

In the case of a pre-order, the deadline is the deadline published on the website, which may be longer than 15 days.

XIX. RESERVATION OF RIGHTS, RESERVATION OF TITLE

 

Some products on the website may cease to be manufactured. In this regard, the Seller reserves the right to refuse all or part of the orders already confirmed.

Partial fulfilment can only take place after agreement with the Buyer. In the event of advance payment of the purchase price of the product, the amount will be refunded to the Buyer within 5 working days.

  • CONSUMER INFORMATION ON THE RIGHT OF WITHDRAWAL

According to the Civil Code, only natural persons acting outside the scope of their profession, self-employment or business activity are considered consumers, i.e. legal persons may not exercise the right of withdrawal without justification.

The Consumer has the right to withdraw from the contract without giving any reason according to Government Decree 45/2014. The Consumer may exercise his right of withdrawal

  1. for a contract for the sale of goods
  1. aa) the product
  2. ab) in the case of the sale of several products, if each product is supplied at a different time, the last product supplied,

within a period of 14 days from the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer.

Nothing in this clause shall affect the right of the Consumer to exercise his right of withdrawal under this clause during the period between the date of conclusion of the contract and the date of receipt of the product.

If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.

Cancellation notice, exercise of the Consumer’s right of withdrawal or termination

The Consumer may exercise the right provided for in Government Decree 45/2014 by means of a clear declaration to this effect or by using the model declaration available on the website, which can be found at the end of these GTC.

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

Validity of the Consumer’s declaration of withdrawal

The right of withdrawal is deemed to have been exercised within the time limit if the Consumer sends his declaration within the time limit. The deadline is 14 days.

The Consumer bears the burden of proving that he/she exercised the right of withdrawal in accordance with this provision.

The Seller shall acknowledge the Consumer’s declaration of withdrawal on an electronic medium upon receipt. 

Obligations of the Seller in case of withdrawal by the Consumer

Seller’s obligation to refund

If the Consumer withdraws from the contract in accordance with Government Decree 45/2014, the Seller shall reimburse the total amount paid by the Consumer as consideration, including the costs incurred in connection with the performance, including the delivery fee, within 14 days of becoming aware of the withdrawal.

The seller draws attention to the fact that this provision does not apply to additional costs caused by the choice of a mode of transport other than the least costly mode of transport.

How the Seller is obliged to refund

In the event of withdrawal in accordance with Government Decree 45/2014, the Seller shall refund the amount refunded to the Consumer in the same way as the payment method used by the Consumer.

Subject to the express consent of the Consumer, the Seller may use another method of payment for the refund, but the Consumer shall not be charged any additional fees as a result.

The Seller shall not be liable for any delays due to incorrect and/or inaccurate bank account numbers or postal addresses provided by the Consumer.

Additional costs

If the Consumer explicitly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, the reimbursement obligation shall apply up to the amount of the indicated standard delivery charges. 

Right of retention

The Seller may withhold the amount due to the Consumer until the Consumer has returned the product or has proved beyond reasonable doubt that he has returned it. The earlier of the two dates shall be taken into account.

It is not possible for the Seller to accept consignments sent by cash on delivery or by post. 

Obligations of the Consumer in the event of withdrawal

Returning the product

If the Consumer withdraws from the contract in accordance with Government Decree 45/2014, he/she must return the product immediately, but not later than 14 days from the date of withdrawal, or hand it over to the Seller or to a person authorised by the Seller to receive the product.

The return is deemed to have been completed on time if the Consumer sends the product before the deadline.

Payment of costs related to the return of the product

The Consumer bears the cost of returning the product.

The product must be returned to the Seller’s address.

Consumer’s liability for depreciation

The Consumer is liable for depreciation resulting from the use of the product beyond the use necessary to determine its nature, characteristics and functioning.

The right of withdrawal cannot be exercised in the following cases

The Seller expressly draws the Consumer’s attention to the fact that he may not exercise his right of withdrawal in the following cases:

  1. in the case of a contract for the provision of a service, after the whole of the service has been provided, if the undertaking has begun to provide the service with the consumer’s express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the whole of the service has been provided;
    1. in respect of a product or service whose price or charge is subject to fluctuations in the financial market which are beyond the control of the undertaking and which may occur during the period set for exercising the right of withdrawal;
    2. in the case of a non-prefabricated product which has been manufactured on the instructions or at the express request of the consumer or a product which is clearly personalised for the consumer;
    3. perishable or short-lived products;
    4. for products in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
    5. in respect of a product which, by its nature, is inseparably mixed with other products after the transfer;
    6. in respect of an alcoholic beverage the real value of which is dependent on market fluctuations in a manner beyond the control of the undertaking and the price of which has been agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract;
    7. in the case of a contract for the provision of services where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;
    8. the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
    9. in respect of newspapers, periodicals and periodicals; with the exception of subscription contracts;
    10. for contracts concluded by public auction;
    11. for a contract for the provision of accommodation, transport, car rental, catering or leisure services other than for housing, if the contract has a specific performance date or time limit;
    12. for digital content provided on a non-tangible medium, where the undertaking has begun performance with the consumer’s express prior consent and the consumer has, at the same time as giving that consent, acknowledged that he or she loses the right of withdrawal once performance has begun.

The seller draws your attention to the fact that, based on the above, there is no cancellation for printed books signed in your name. In the case of e-books and audio books, the Buyer may exercise his right of withdrawal until he has received the digital content or its location.

XXI. CONSUMER INFORMATION – ACCESSORY WARRANTY, PRODUCT WARRANTY, GUARANTEE

 

Incorrect performance

The seller, as the obligor, is in breach of contract if the service does not meet the quality requirements laid down in the contract or by law at the time of performance.

Exemption from defective performance

The debtor is not in default if the creditor knew of the defect at the time of the conclusion of the contract or should have known of the defect at the time of the conclusion of the contract.

Presumption of defective performance

In the case of a contract between a consumer and a business, it must be presumed, unless the contrary is proved, that the lack of conformity which the consumer has discovered within six months of performance was already present at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

Accessories warranty

Under a contract in which the parties are obliged to provide mutual services, the debtor is liable for defective performance.

Warranty claims

The rightful claimant may, at his/her option, make the following claims:

  1. You may request repair or replacement, unless it is impossible to fulfil the chosen warranty right or would result in disproportionate additional costs compared to the fulfilment of another warranty claim. The repair or replacement shall be carried out within a reasonable time and without prejudice to the interests of the claimant.
  2. It may request a proportionate reduction in the consideration, repair the defect itself or have it repaired by another party at the expense of the obligor, or withdraw from the contract if the obligor has not undertaken to repair or replace the defect, cannot fulfil this obligation or if the rightholder’s interest in repair or replacement has ceased.

No withdrawal due to a minor defect.

The rightful claimant may transfer from one warranty right to another, the cost of which he must pay to the debtor. The rightholder is not obliged to pay the cost of the transfer to the debtor if the transfer was justified by the debtor or was otherwise justified.

Reporting the error

The rightful claimant is obliged to inform the debtor of the defect without delay after its discovery.

In the case of a contract between a consumer and a business, a defect communicated within two months of the discovery of the defect shall be deemed to have been communicated without delay.

The rightholder is liable for any damage resulting from the delay in notification.

The limitation period for warranty claims

The right of the beneficiary to claim under the accessory warranty expires one year after the date of performance.

In the case of a contract between a consumer and a business, the consumer’s right to claim under the accessory warranty expires two years from the date of performance.

The limitation period shall not include the part of the repair period during which the rightholder cannot use the thing for its intended purpose.

The limitation period for the part of the goods that has been replaced or repaired starts to run again. This rule shall also apply where the repair results in a new defect.

Claiming costs

The costs of fulfilling the warranty obligation shall be borne by the debtor.

If the failure of the object was caused by a failure to comply with the maintenance obligation incumbent on the rightholder, the rightholder shall bear the costs incurred in fulfilling the warranty obligation in proportion to his contribution, if he had knowledge of the maintenance of the object or if the debtor fulfilled his obligation to inform in this respect.

In the event of replacement or withdrawal, the rightful claimant is not obliged to reimburse the depreciation of the object which is the consequence of its normal use.

Product Warranty

Product warranty claim

In the event of a defect in a movable good – a product – sold by a trader to a consumer, the consumer may require the producer, the manufacturer or the distributor of the product to repair the defect or, if repair is not possible within a reasonable time without prejudice to the consumer’s interests, to replace the product.

Product warranty rights can be enforced by the new owner against the manufacturer in the event of a transfer of ownership of the product.

Incorrect performance

A product is defective if it does not meet the quality requirements in force when it was placed on the market by the manufacturer or if it does not have the characteristics described by the manufacturer.

Exemption from the product warranty

The manufacturer is exempted from the product warranty obligation if he proves that

(a) did not manufacture or market the product in the course of his business or self-employment;

(b) at the time the product was placed on the market, the defect was not detectable by the state of science and technology; or

(c) the defect in the product was caused by the application of a legal or regulatory requirement.

In the case of replacement, the manufacturer is liable for the replaced product, and in the case of repair, for the part of the product affected by the repair.

Reporting the error

The consumer must notify the producer of the defect without delay after discovering it. A defect notified within two months of its discovery shall be deemed to have been notified without delay.

The consumer will be liable for any damage resulting from the delay in communication.

The limitation period for product warranty claims

The manufacturer is under a product warranty for two years from the date on which the product is placed on the market.

Compulsory guarantee

Warranty claim

Any person who guarantees the performance of the contract or is legally obliged to guarantee the performance of the contract shall be liable for defective performance during the period of the guarantee in accordance with the conditions set out in the legal declaration or the law giving rise to the guarantee.

The warranty does not affect the statutory rights of the beneficiary.

In the event of a transfer of ownership of the goods, the new owner may enforce the rights arising from the guarantee against the debtor who has given the guarantee.

Enforcement of a warranty claim

Warranty claims can be made within the warranty period. If the person obliged to provide the guarantee does not fulfil his obligation within a reasonable period of time, even if the guarantee period has already expired, the guarantee claim may be brought before a court within three months of the expiry of the period set in the notice. 

The consumer can also claim for the repair directly from the repair service indicated by the business on the warranty ticket.

Fixed consumer goods or consumer goods weighing more than 10 kg or which cannot be transported as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use.

If the repair cannot be carried out at the place of operation, the dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a repair request made directly to the repair service, by the repair service.

Request for replacement within three working days

If a consumer claims for a replacement of a durable consumer good covered by the guarantee because of a defect within three working days of the purchase (installation), the business cannot claim disproportionate additional costs but must replace the good, provided that the defect prevents it from being used as intended.

Products subject to guarantee

  1. Household appliances with a selling price of over HUF 10 000, in particular refrigerators, freezers, combined refrigerators, electric cookers, washing machines, spin dryers, tumble dryers and any combination thereof, dishwashers, irons, water heaters, heaters, air-conditioners and other air-conditioning equipment, vacuum cleaners, steam cleaners, carpet cleaners, floor scrubbers and polishers, sewing machines, knitting machines, electric water heaters, pumps;
  2. small electric kitchen appliances with a selling price of more than HUF 10 000, in particular microwave ovens, toasters, toasters, coffee makers, coffee machines, kettles, electric kettles, robotic kitchen appliances, barbecues, fryers, waffle makers, doughnut makers, waffle makers, sandwich makers, electric pancake maker, electric pizza maker, electric rotisserie, electric frying pan, electric popcorn maker, electric contact grill, rotisserie, mini cooker, rice cooker, pasta cooker, egg cooker, food steamer, air mixer, fruit juicer;
  3. gas appliances above the sales price of HUF 10 000, in particular stoves, convectors, gas boilers, gas boilers, gas barbecues, gas stoves, gas fires, gas burners, gas lamps;
  4. motorised garden machinery and non-motorised gardening tools above a selling price of HUF 10 000, in particular hoeing machines, lawn mowers, lawn trimmers, push mowers;
  5. motorised hand tools above a selling price of HUF 10 000, in particular chain saws, drills, impact drills, angle grinders, circular saws, planers;
  6. medical aids and appliances with a shelf life of at least one year, and sunglasses with a selling price of more than HUF 10 000;
  7. health care products and devices above the sales price of 10 000 HUF, in particular electric massagers, magnetic products, light therapy devices;
  8. means of transport above a selling price of HUF 10 000, in particular bicycles, electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, caravans, motor caravans, caravans with trailers, trailers;
  9. motor boats above a selling price of HUF 10 000;
  10. childcare articles with a sales price of over HUF 10 000, in particular baby changing and washing stands, pushchairs, high chairs, high chairs, high chairs and high chairs with table mounts, safety child seats;
  11. child monitoring equipment above a selling price of HUF 10 000, in particular respiratory monitors, heart monitors, baby monitors;
  12. children’s swings, slides and similar toys requiring similar activities for indoor and outdoor use in the home above a selling price of HUF 10 000;
  13. lighting products above a sales price of HUF 10 000, in particular luminaires and light sources;
  14. security alarms and signalling devices above a selling price of HUF 10 000;
  15. electronic communications terminal equipment above a selling price of HUF 10 000, in particular telephones, mobile telephones, fax machines, multifunctional equipment;
  16. telecommunications equipment above a selling price of HUF 10 000, in particular answering machines and hands-free kits; satellite receiver and AM Micro antenna systems and their components, television sets, projectors, video recorders, radios, car radios, radio alarm clocks, satellite positioning devices, record players, tape and cassette recorders, CD recorder and player, DVD recorder and player, game console, Blu-ray player and writer, desktop media player, personal sound system, mixing table, amplifier, loudspeaker, speaker, microphone and earphones, head-set;
  17. information technology equipment with a selling price of over HUF 10 000, in particular desktop computers, laptops, notebooks, tablets, PDAs, monitors, printers, scanners, cameras, film and sound recording cameras, video cameras and camcorders, voice recorders, photo printers, film and slide scanners, MP3 and MP4 players, portable media players, memory sticks, memory cards, battery chargers, calculators, pocket calculators;
  18. office equipment above the selling price of HUF 10 000, in particular shredders, photocopiers, laminators;
  19. overhead projectors and cinematographic equipment above a sales price of HUF 10 000, in particular film projectors, overhead projectors, film enlargers, film projectors and film processors;
  20. optical instruments above a selling price of HUF 10 000, in particular binoculars, binoculars, microscopes, telescopes;
  21. instruments over 10 000 HUF selling price;
  22. watches and jewellery above the selling price of 10 000 Ft;
  23. indoor and outdoor furniture, reclining mattresses above the selling price of HUF 10 000;
  24. measuring instruments, generators, power supplies above the selling price of HUF 10 000;
  25. firearms above the selling price of 10 000 HUF;
  26. sports equipment, equipment for hunting and fishing above the selling price of HUF 10 000;
  27. electrically powered beauty appliances with a selling price of over HUF 10 000, in particular hairdryers, hair styling machines, body hair clippers, epilators, electric shavers;
  28. articles of fur clothing made of fine and semi-precious furskins above a sales price of HUF 50 000;
  29. accessories and component parts of products belonging to the above product groups above a selling price of HUF 10 000.

Please note that the seller does not currently offer for sale a product under warranty.

Standing order ticket

The business must provide the consumer with the guarantee voucher together with the consumer goods.

The rights arising from the warranty can, as a general rule, be enforced by means of a warranty voucher.

In the event of failure to provide the consumer with a guarantee voucher, the conclusion of the contract shall be deemed to have been proved if the consumer provides proof of payment of the consideration, i.e. an invoice or receipt issued in accordance with the VAT Act.

Exemption from the guarantee obligation

You are exempted from the warranty obligation if you can prove that the cause of the defect arose after performance.

The limitation period for warranty claims

The warranty period is one year.

The guarantee period starts on the date of delivery of the consumer goods to the consumer or, if the installation is carried out by the undertaking or its agent, on the date of installation.

Other provisions

In other respects, the rules governing the exercise of the rights of warranty shall apply mutatis mutandis to the enforcement of the warranty.

Common rules

The consumer must prove that the contract has been concluded. 

If a business disputes the conclusion of a contract, it must draw the consumer’s attention to the possibility of lodging a complaint and the procedure for doing so.

The conclusion of the contract shall be deemed to have been proved if the consumer presents proof of payment of the consideration, i.e. an invoice or receipt issued in accordance with the VAT Act.

The trader must keep a record of the warranty or guarantee claim notified to him by the consumer.

A copy of the report shall be made available to the consumer without delay in a verifiable manner.

If the business is unable to declare the enforceability of the consumer’s warranty or guarantee claim at the time of its notification, it must notify the consumer of its position within five working days in a verifiable manner, including the reasons for the rejection and the possibility of recourse to the conciliation body in the event of rejection of the claim.

The company must aim to carry out the repair or replacement within a maximum of fifteen days. A receipt must be obtained for the movable item in order to check whether it can be repaired or to check whether a warranty or guarantee claim can be met.

Contractual (voluntary) warranty

The undertaking given by the seller during the period of the obligatory guarantee must not contain conditions for the consumer which are less favourable than the rights granted by the rules on obligatory guarantees.

However, after this period, i.e. after the expiry of the one-year period, the conditions of the voluntary guarantee may be freely determined, but the guarantee may not affect the consumer’s statutory rights, in particular those based on the warranty of fitness for purpose.

Summary

LawHow long can it be enforced by the consumer?What is the basis?What claims can be made?
Manufacturer’s – contractual – warrantyUnder the terms of the warranty, for as long as the manufacturer allows.A contract between the manufacturer and the buyer (the terms are set by the manufacturer.)Depending on the terms of the contract, typically repairs or replacements.
Warranty – contractual – provided by the distributorUnder the terms of the warranty, as long as the distributor gives you the opportunity to do so.Contract between the distributor and the buyer (Terms and conditions are set by the distributor.)Depending on the terms of the contract, typically repairs or replacements.
Compulsory guaranteeWithin one year of purchase.Civil Code, Government Decree 151/2003Firstly, repair or replacement, secondly, price reduction, repair at the expense of the defendant or withdrawal.
Product WarrantyWithin two years of the first introduction of the product in Hungary, directly against the manufacturer or its distributor in Hungary.CCOnly replacement or repair.
Accessories warrantyWithin two years of purchase, against the distributor who sold the product.CCFirstly, repair or replacement, secondly, price reduction, repair at the expense of the defendant or withdrawal.

Sample declaration for withdrawal

Címzett: info@mypopprogram.com

I, the undersigned……………………………………………………………………………………..                                                                                       declare that I exercise my right of withdrawal in respect of the contract for the sale of the following product(s):

…………………………………………………………………………………………………………………..

Date of conclusion of contract / date of receipt: 

………………………………………………………………………………………………………………

Name and address of customer:

 …………………… ……………………………………………………………………………………….

The purchase price should be returned to the following bank account number (please fill in if you wish the purchase price to be returned by bank transfer):
………………………………………………………………………………………………………..

Signature of the consumer:

…………………………………………………………………………………

Date:………………………