General terms and conditions
Brown Kft. (registered office: 6120 Kiskunmajsa Alkotmány utca 17, tax number: 32544341-2-03, hereinafter: „Company“) presents these General Terms and Conditions (hereinafter: „Terms and Conditions“) for the products distributed by the Company (hereinafter : „Product“ or „Products“), it is considered applicable to sales contracts between consumers (consumer according to the Civil Code: a natural person acting outside the scope of his profession, independent occupation or business activity, hereinafter: „Consumer“) and the Company.
The sales contracts that are the subject of these General Terms and Conditions are fulfilled by the Company based on the order placed on its web store (www.alascarefrigerants.com, hereinafter: „Web Store“) by the Consumer against payment of the purchase price indicated in the web store by delivery by the Company’s courier service. After selecting the home delivery option, the consumer must reimburse the company for the consideration of the products and the cost of delivery by online bank card payment when placing the order.
- Use of the Web Store
The Consumer’s registration is not required for full use of the Online Store. During the purchase, the data provided by the Consumer is handled exclusively by the Company based on the Company’s data management regulations and data protection declaration. You can check the correctness of the data before approving it, and you can initiate the modification and deletion of your data from the Webstore database at any time via the Alaska Refrigerants website.
By sending an order placed in the Web Store, the Consumer enters into a written sales contract with the Company in accordance with the language of the website used at the time of purchase, which is governed by the law of the country in question.
The Company can accept an order if the fields on the site are completely filled in with real data when registering the customer’s data and when placing the order, or if he chooses home delivery, the value of his order is reimbursed and the cost of delivery is reimbursed. The Company does not assume responsibility for damages resulting from the omission of the factors listed above, or for technical problems arising during the process, especially in connection with the Internet connection.
1.1. Purchase with home delivery:
Access the online store with your login data or shop without registration
Select the appropriate Product in the given product category and click on the + sign on the cart button.
In the pop-up window, enter the Product you want to order, then press the Add to Cart button after entering the quantity.
After pressing the button, the Product appears in the basket. After pressing the order button in the basket, you can continue to finalize the order. You can delete the given Product from the basket by pressing the X button next to the Product. Choose „ Delivery to your home“ from the „Delivery to home“ and „Package point“ options in the delivery method section . After pressing the next button, you must fill in the data for invoicing and delivery. You will then go to the Place your order page, where the value of your order and the shipping cost will be indicated. To finalize the order, press the Bank card payment button. We will then redirect you to a payment interface, where we will finalize your order after both the order and the shipping cost have been reimbursed. In any case, please wait for the payment portal to redirect you to our site. After payment and redirection to the page, the order will be processed, and we will send you an e-mail notification of its finalization.
1.2. Purchase with delivery to parcel point
Access the online store with your login data or shop without registration
After logging in, you can choose the right vehicle on the catalog interface. Select the product category you are looking for
Select the appropriate Product in the given product category and click on the + sign on the cart button.
In the pop-up window, enter the Product you want to order, then press the Add to Cart button after entering the quantity.
After pressing the button, the Product appears in the basket. After pressing the order button in the basket, you can continue to finalize the order. You can delete the given Product from the basket by pressing the X button next to the Product. Select “ Parcel Point“ from the „Delivery to Home“ and „Parcel Point“ options in the „Pick up at the service store“ section of the delivery method . After pressing the next button, you must fill in the data for invoicing and delivery. You can then choose the package point that is most suitable for you in connection with receiving your package. You will then go to the Place your order page, where you will see the value of your order and the shipping cost. To finalize the order, press the Bank card payment button. We will then redirect you to a payment interface, where we will finalize your order after reimbursing the order and the shipping cost to the package point. In any case, please wait for the payment portal to redirect you to our site. After payment and redirection to the page, the order will be processed, and we will send you an e-mail notification of its finalization.
The prices indicated next to the Products are expressed in gross Hungarian forints. The Company reserves the right to change the price and to terminate the various promotions without notice.
Information about Products and stock is not displayed next to the products in the Web Store. If it turns out after the order that the product is not yet in stock, the Company will contact the Consumer, and based on the agreement of the parties, the order can be modified, or the Company will refund the amount already paid to the Consumer.
1.3. Payment methods
When shopping in the Web Store, the user can choose from the following payment methods:
– Online payment by bank card
– Cash on delivery
Online bank card payments are made through the Stripe system. The bank card data will not reach the merchant.
1.4. Order confirmation, failure to do so:
After sending the order, the consumer will receive a confirmation by e-mail. If this confirmation is not received by the Consumer within the expected deadline depending on the nature of the service, but no later than 72 hours after the Consumer’s order has been sent, the Consumer will be released from the binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Company and the Consumer when it becomes available to him. The Company excludes its responsibility for confirmation if the confirmation is not received on time because the Consumer entered the wrong e-mail address during registration, or because the storage space belonging to his account is full, he is unable to receive messages.
1.5. Correction of data entry errors:
Before completing the order process, the consumer can always go back to the previous phase, where he can correct the entered data.
During the order, it is possible to view and modify the contents of the basket, if the basket contains the quantity you do not want to order, you can delete the contents of the basket by pressing the X button for the specified Product. After that, the desired quantity of the Product to be ordered must be placed in the basket again. If the Consumer wants to delete the Products in the basket, he can delete them by pressing the X button next to the Product.
During the order, the Consumer always has the option to correct/delete the entered data.
1.6. Delivery deadline:
When using home delivery:
The delivery is carried out by our shipping partners, which can take 1-5 working days. After sending the package, the shipping company will contact the customer to clarify the delivery time.
When using delivery to a parcel point:
The delivery is carried out by our shipping partners, which can take 1-5 working days. After sending the package, the forwarding company will contact the customer in order to clarify the delivery time to the package point.
1.7. Delivery costs and conditions:
When using home delivery and delivery to a package point:
The cost of home delivery of products ordered in the Webshop always means the cost of delivery indicated in the delivery charges section on the summary page.
- Disclaimer, guarantee and warranty
Right of withdrawal/termination According to Directive 2011/83/EU of the European Parliament and of the Council, as well as the detailed rules of contracts between the consumer and the business 45/2014. (II.26.) Pursuant to the regulations of the Government Decree, the Consumer may withdraw from the contract or terminate it within 14 days of receipt of the ordered product without giving reasons (withdrawal and termination will be referred to collectively as rescission), and may return the ordered product. In the absence of this information, the Consumer is entitled to exercise his right of withdrawal up to 1 year. If the Company provides the information after the expiration of 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the deadline for withdrawal is 14 days from the date of communication of this information. Regarding cancellation, you can read in detail in the „Cancellation“ section of the website.
The period open for exercising the right of withdrawal expires 14 days after the day on which the Consumer, or a third party indicated by him, other than the carrier, receives the product.
The consumer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product. The cost of returning the product must be borne by the Consumer, the company did not undertake to bear this cost.
In the case of exercising the right of withdrawal, the Consumer will not be charged any costs other than the cost of returning the Product.
The Consumer is not entitled to the right of withdrawal in the case of a non-pre-manufactured Product that was produced based on the instructions or at the express request of the Consumer, or in the case of a Product that was clearly tailored to the Consumer.
The Consumer may also not exercise his right of withdrawal:
in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the Consumer, and the Consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
– with regard to a Product or service whose price or fee depends on the possible fluctuation of the money market, which cannot be influenced by the company, even during the deadline for exercising the right of withdrawal;
– with respect to a perishable or short-lived Product;
– with regard to a closed Product that cannot be returned after being opened after delivery for reasons of health protection or hygiene;
– with regard to a Product which, due to its nature, is inseparably mixed with another Product after delivery;
– with regard to an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the company, and whose price was agreed upon by the parties when the sales contract was concluded, but the contract will only be fulfilled after the thirtieth day from the conclusion of the contract;
– in the case of a business contract in which the business visits the Consumer at the express request of the Consumer for the purpose of carrying out urgent repair or maintenance work;
– regarding the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the Consumer has opened the packaging after delivery
– regarding newspapers, magazines and periodicals, with the exception of subscription contracts;
– in the case of contracts concluded at a public auction
– in the case of contracts for the provision of accommodation, transport, car rental, catering or services related to leisure activities, with the exception of housing services, if a deadline or deadline for completion specified in the contract has been agreed;
– with regard to the digital data content provided on a non-physical data carrier, if the business has started the performance with the express, prior consent of the Consumer, and the Consumer has simultaneously declared with this consent that he will lose his right of withdrawal after the start of the performance.
During the refund, we use the same payment method as the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
– The consumer is obliged to return the goods or deliver them to the Company’s address without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Company.
– In the case of written cancellation, the consumer must send the cancellation statement within 14 days.
– Upon the return of the Product and/or the receipt of the cancellation statement, the Company will refund the amount paid to the Consumer, including the delivery fee, without delay, but within 14 days at the latest, in accordance with the above legislation.
– The consumer complies with the deadline if he returns or hands over the Product(s) before the end of the 14-day period. The return is deemed completed within the deadline if the Consumer sends the Product before the deadline expires.
– The Consumer bears only the direct cost of returning the Product, unless the company has undertaken to bear this cost. This should not be the case in this case.
– The Company is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Company.
– The Company may withhold the refund until the Product(s) have been returned or the Consumer has provided proof that they have been returned: the earlier of the two shall be taken into account.
– If the Consumer wishes to exercise his right of withdrawal, he can indicate this in writing at one of the Company’s contact details (even with the help of the attached data sheet) and by phone. In the case of a written notification by post, we take into account the time it was sent to the post, and in the case of a telephone notification, the time it was sent by telephone. In case of notification by post, the Company accepts notification as registered mail or package. You can return the ordered Product to the Consumer Company by post or using a courier service.
– The Consumer is only responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the Product. In case of damage or loss of value exceeding this, the Company is not obliged to reimburse the customer for the full purchase price. The Company asks the Consumer to return the product in its original packaging if possible.
45/2014 on the detailed rules of contracts between the Consumer and the company. (II.26.) Government decree is available here. http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.349711
2.1.19. Directive 2011/83/EU of the European Parliament and of the Council is available here. https://eur-lex.europa.eu/legal-content/HU/TXT/?uri=celex%3A32011L0083
The consumer can also contact the Company with other complaints at the contact information provided in these General Terms and Conditions.
The right of withdrawal does not belong to the company, i.e. a person who is involved in his profession, independent occupation or business activity.
2.2. The procedure for exercising the right of withdrawal:
If the Consumer wishes to exercise the right of withdrawal, he must indicate his intention to withdraw via the Company’s contact information. 45/2014. (II. 26.) attached as Annex 2 to the Government Decree
Based on the withdrawal/termination declaration form:
„Withdrawal/Termination declaration form
(fill in and return only in case of intention to withdraw/terminate the contract) Addressee:
I/we, the undersigned, declare that I/we exercise my/our right of withdrawal/termination with respect to the contract for the sale of the following product(s) or the provision of the following service:
Date of conclusion of contract / date of acceptance:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s): (only in the case of a statement made on paper) Dated:“
– The consumer exercises his right of withdrawal within a deadline, if he sends his withdrawal statement before the end of the 14th day from the date of receipt of the Product. In case of cancellation in writing, it is enough to send the cancellation statement within 14 days. In the case of notification by post, the date of mailing
is taken into account – in the case of notification by email, the time the email was sent is taken into account.
– In case of cancellation, the Consumer is obliged to return the ordered Product to the address of the Company without delay, but no later than within 14 days from the date of notification of cancellation. The deadline is considered to have been met if you send the Product before the 14-day deadline (so it does not have to arrive within 14 days). The customer bears the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.
– However, the Company is not obliged to reimburse the Consumer for the additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Company. The Consumer also exercises his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the Product.
– When buying and selling several Products, if each Product is delivered at a different time, the buyer may exercise the right of withdrawal within 14 days of receiving the last delivered Product or a Product consisting of several items or pieces.
– When completing the order, at the time of delivery, the Consumer must check the Product, its packaging and contents, and then sign the receipt. After that, the Company will not be able to accept complaints about deficiencies that can be determined at that time. In the event of a quantity and quality complaint related to the Product, the Company’s branch will take it back from the Consumer.
2.3. Defective performance
The Company performs incorrectly if, at the time of performance, the service does not meet the quality requirements established in the contract or legislation. The Company does not perform incorrectly if the person entitled was aware of the error at the time of the conclusion of the contract, or should have known of the error at the time of the conclusion of the contract. In the contract between the consumer and the company, the stipulation that deviates from the provisions of this chapter on accessory warranty and warranty to the disadvantage of the consumer is void.
2.4. Accessories warranty
In what cases can the Consumer exercise his accessory warranty right? In the event of defective performance by the Company, the consumer may assert a warranty claim against the Company in accordance with the rules of the Civil Code.
What rights does the Consumer have based on his accessory warranty claim? The consumer may – at his or her choice – make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the demand chosen by the consumer is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of another demand. If you did not or could not request the repair or replacement, you can request a proportional reduction of the compensation or the consumer can repair the defect at the company’s expense, or have it repaired by someone else or – as a last resort – withdraw from the contract. You can switch from your chosen accessory warranty right to another, but the cost of the switch is borne by the Consumer, unless it was justified or the company provided a reason for it.
What is the time limit for the Consumer to assert his accessory warranty claim? The consumer is obliged to report the defect immediately after its discovery, but no later than within two months from the discovery of the defect. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.
Who can you assert your warranty claim against? The consumer can enforce his accessory warranty claim against the Company as a service provider.
What other conditions are there for asserting your accessory warranty rights? Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim other than the notification of the defect, if the Consumer proves that the Product or the service was provided by the company operating the Online Store. However, after six months from the date of performance, the Consumer is obliged to prove that the defect recognized by the Consumer already existed at the time of performance.
2.5. Product warranty
In what cases can the Consumer exercise his product warranty right? In the event of a defect in a movable object (Product), the Consumer may – at his or her choice – enforce a warranty claim for accessories or a product warranty.
What are the rights of the Consumer based on his product warranty claim? As a product warranty claim, the Consumer can only request the repair or replacement of the defective Product.
In which case is the Product considered defective? The Product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
In what time frame can the Consumer assert his product warranty claim? The Consumer may assert a product warranty claim within two years of the Product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you assert your product warranty claim You can only assert your product warranty claim against the manufacturer or distributor of the movable object. The Consumer must prove the defect of the Product in the event of a product warranty claim. In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
- the Product was not manufactured or marketed as part of its business activities, or
- the defect was not detectable according to the state of science and technology at the time of placing it on the market or
- the defect of the Product results from the application of legislation or mandatory official regulations.
- It is sufficient for the manufacturer (distributor) to prove one reason for exemption. Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, in parallel with each other. However, if your product warranty claim is successfully asserted, you may assert your accessory warranty claim for the replaced Product or repaired part against the manufacturer.
2.6. Warranty
What are the consumer’s rights and within what time frame are they entitled under the warranty? The warranty period is one year. The warranty period begins on the date of handover of the consumer product to the Consumer, or if the commissioning is carried out by the distributor or its agent, on the day of commissioning. Based on the warranty claim, according to the choice of the entitled party
– you may request repair or replacement, unless the fulfillment of the chosen warranty right is impossible, or if it would result in disproportionate additional costs for the Company, compared to the fulfillment of another warranty claim, taking into account the value represented by the service in a faultless condition, the gravity of the breach of contract and the fulfillment of the warranty right caused damage to the rights holder’s interests; obsession
– may request a proportional delivery of the compensation, may correct the defect at the Company’s expense or have it corrected by someone else, or may withdraw from the contract if the Company did not undertake the repair or replacement, is unable to fulfill this obligation, or if the rightholder is unable to fulfill the obligation related to the repair or replacement his interest has ceased.
– There is no room for cancellation due to an insignificant error. The repair or replacement must be carried out within an appropriate time limit, taking into account the properties of the thing and the intended purpose expected by the rightholder, while protecting the interests of the rightholder.
When is the company released from its warranty obligation?
The Company is released from its warranty obligation only if it proves that the cause of the defect arose after performance. We would like to draw your attention to the fact that due to the same defect, you cannot assert a claim for accessory warranty and warranty, or a claim for product warranty and warranty at the same time, in parallel with each other.
The company does not owe a warranty beyond the warranty period (professionally expected lifetime) for damages resulting from natural wear and tear/obsolescence. This means that the warranty cannot be enforced after the bottle has been used up.
Furthermore, the Company does not have a warranty or guarantee for damages caused by incorrect or careless handling after the transfer of the risk of damage, excessive use, impacts other than those specified, or other improper use of the Products.
If the Consumer requests a replacement within three working days of the purchase (commissioning) due to a malfunction of the consumer product, the Company is obliged to replace the consumer product, provided that the malfunction prevents the intended use.
2.7. Procedure in the event of a warranty claim
In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the disadvantage of the consumer.
It is the Consumer’s duty to prove the conclusion of the contract (with an invoice or even just a receipt).
The costs related to the fulfillment of the warranty obligation are borne by the Company (§ 6:166 of the Civil Code).
19/2014. (IV. 29.) The NGM is obliged to take minutes according to the decree.
A copy of the protocol must be made available to the Consumer immediately and in a verifiable manner.
If the Company cannot make a statement on the fulfillment of the Consumer’s warranty or guarantee claim when it is reported, it must notify the Consumer of its position – in the case of rejection of the claim, the reason for the rejection and the possibility of turning to the conciliation body – within five working days, in a verifiable manner.
The Company is obliged to keep the protocol for three years from the date of its recording and present it at the request of the inspection authority.
The Company shall endeavor to carry out the repair or replacement within a maximum of fifteen working days.
- Procedure for handling complaints
The goal of our online store is to fulfill all orders in good quality and to the complete satisfaction of the customer. If the Consumer still has any complaints regarding the contract or its performance, he can communicate his complaint to the above e-mail address.
The Service will respond to the written complaint in writing within 30 days. He gives reasons for his position rejecting the complaint. The record of the complaint and a copy of the response will be kept by the Company for five years and presented to the inspection authorities upon their request.
Place of complaint handling:
Email: [email protected]
We would like to inform you that if your complaint is rejected, you can initiate the procedure of an official or conciliation body with your complaint, as follows:
The Consumer can file a complaint with the consumer protection authority:
387/2016 on the appointment of the consumer protection authority. (XII. 2.) According to the government decree, in administrative authority matters, the district office or the district office according to the county seat acts in the first instance, and the Pest County Government Office acts in the second instance with national competence. Contact details of district offices: http://jarasinfo.gov.hu
In the event of a complaint, the Consumer has the opportunity to contact a conciliation body, whose contact information can be found here:
Bács-Kiskun County Conciliation Board Address: 6000 Kecskemét, Árpád krt. 4.
Telephone number: (76) 501-525, (76) 501-532
Fax number: (76) 501-538
email: [email protected]
The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the Consumer or the Company, the conciliation body provides advice on the rights and obligations of the Consumer.
In the event of a cross-border consumer dispute related to an online sales or online service contract, the procedure is solely the responsibility of the conciliation body operating under the Budapest Chamber of Commerce and Industry.
In the event of a complaint, the Consumer can use the European online dispute resolution platform. Using the platform requires a simple registration in the European Commission’s system by clicking here. After that, after logging in, the Consumer can submit his complaint via the online website, which has the following address: http://ec.europa.eu/odr
If the company’s seat or location is not registered in the county of the chamber that operates the territorially competent conciliation board, the company’s obligation to cooperate extends to offering the possibility of concluding a written agreement in accordance with the Consumer’s needs.
If the Consumer does not turn to a conciliation body, or if the procedure does not lead to a result, the Consumer has the option to go to court in order to settle the legal dispute. The lawsuit must be initiated with a statement of claim, in which the following information must be stated:
– the trial court;
– the name, place of residence and legal position of the parties, as well as the representatives of the parties;
– presenting the right to be asserted, the facts on which it is based and their evidence;
– the data from which the jurisdiction and competence of the court can be determined;
– a definite request for a court decision.
The document or a copy of the document, the content of which is referred to as evidence, must be attached to the statement of claim.
- Other provisions
By placing an order from the Online Store, all customers declare that they have read and accept these terms and conditions and are aware of the ordering process. As a condition of the order, the Consumer declares that he has read and accepted the General Terms and Conditions and acknowledges that he is bound by them.
10/04/2024
