General Terms and Conditions

Energy Wave System Kft.

1. Introductory provisions

These General Terms and Conditions (hereinafter: the “GTC” or the “Agreement”) set out the provisions generally applicable, in addition to the terms of each individual order, to individual orders for products sold by Energy Wave System Kft. (hereinafter: the “Seller”) and to the performance of such orders. These GTC form an integral part of each order as an individual agreement and are binding on the contracting parties in the same manner as the provisions of the individual agreements.

By placing an individual order, the ordering party (hereinafter: the “Buyer”) expressly and irrevocably declares that they have read these GTC and accept their provisions as binding. Hungarian law shall otherwise govern agreements concluded between the Seller and the Buyer and the related rights and obligations.

2. Definitions

a) Seller: full company name: Energy Wave System Kft. (hereinafter: the “Seller”); company registration number: 06 09 023307; tax number: 25858972-2-06; registered office: 6725 Szeged, Galamb utca 6., Hungary.

b) Website: the website operated by Energy Wave System Kft. at www.energywavesystem.com, on which Energy Wave System Kft., as the Seller, offers products for sale to Buyers.

c) Product: a product manufactured by the Seller or a third party and sold by the Seller.

d) Courier: any person or incorporated business entity delivering the ordered Product to the designated destination. The Courier is not employed by the Seller and has no other employment-related relationship with the Seller; delivery services are performed under a contract for services.

e) Distance contract: a contract concluded under a distance sales scheme for a Product without the simultaneous physical presence of the parties, using exclusively means of distance communication for the purpose of concluding the contract. An individual order placed under these GTC constitutes a distance sales contract.

f) Delivery address: the Seller fulfils orders (deliveries) only to destination addresses within the territory of the European Union. Orders for delivery outside that territory are assessed individually, and the Seller decides whether to fulfil them. For certain Products or promotional campaigns, the Seller may specify a delivery area different from the entire territory of the European Union; the applicable conditions shall be displayed on the Website.

g) Order identifier: a code used to identify an individual order.

h) Buyer: any person or organisation placing an order to purchase a Product through the Website, by email or by telephone. A Buyer must be an adult whose legal capacity is unrestricted, a business entity constituted under Hungarian law, or another organisation with separate legal personality. The Seller supplies Buyers solely for private use and may unilaterally refuse, without further explanation, orders placed by resellers or for other resale purposes. The Seller is not required to verify the Buyer’s identity or compliance with these conditions; by placing an order, the Buyer represents to the Seller that these conditions are met.

3. Purchasing procedure

a) Orders

No prior registration is required to place an order. However, an email address and telephone number must be provided; the parties shall subsequently use those contact details for communications concerning individual orders.

b) Placing an order

The Buyer may place an order through the Website or by email, specifying the selected Product and quantity. The Seller acknowledges receipt of the order by email or telephone. If, for any reason, an order cannot be fulfilled in whole or in part, the Seller shall notify the Buyer without delay by email and/or telephone. Any amount already paid for the part that cannot be fulfilled shall be refunded using the original payment method.

Before the order is finalised, the Buyer receives detailed information about the expected delivery particulars and conditions, the identity of the delivery person or organisation, and the delivery terms, by email upon specific request or otherwise by telephone. The Seller delivers Products primarily in person, secondly through resellers, and also through GLS courier services. Delivery normally takes 5–10 working days; the Seller shall notify the Buyer separately by email if a different period applies. If, while processing the order, the Seller establishes that the ordered Product is unavailable, the Seller shall notify the Buyer separately and state whether the unavailability is permanent or temporary. Where the Buyer orders several Products with different delivery times, the Seller shall, as a general rule, dispatch them together in a single consignment, unless otherwise agreed.

Placement of the order and its confirmation by the Seller create an individual agreement between the parties, which constitutes a distance contract.

The Seller reserves the right to withdraw any Product from sale at any time.

The Seller endeavours to display the most important characteristics of the Products accurately on the Website at all times. However, the actual visual appearance of a Product may differ from the photographs displayed on the Website, depending to a significant extent on the settings of the monitor or display used to view the Website.

c) Fulfilment of orders

The Seller shall make every effort to fulfil orders as soon as possible; however, fulfilment times are significantly affected by stock availability and delivery conditions.

The Seller shall arrange delivery by a third party (Courier) to the destination address specified by the Buyer in accordance with these GTC.

Following the email acknowledging receipt of the order, the Seller shall send an email notification of acceptance or provide oral confirmation. The sales contract between the Seller and the Buyer is concluded by that latter email.

For personal handover, the Seller provides the Buyer with an acknowledgement of receipt at the time of handover; for delivery by Courier, it is provided at the time of delivery.
For personal handover, the Seller requests the copy of the acknowledgement of receipt signed by the Buyer when handing over the Product.
For delivery by Courier, the Buyer must send a signed copy of the acknowledgement of receipt to the Seller at kapcsolat@energywavesystem.com within 7 days of receiving the Product. The acknowledgement supplied with the delivery also draws the Buyer’s attention to this obligation.
By accepting these GTC, the Buyer acknowledges that, if this obligation is not fulfilled within the above period, the acknowledgement of receipt shall be deemed signed on the 8th day following receipt of the Product, unless the Buyer notifies the Seller otherwise at kapcsolat@energywavesystem.com.

d) Withdrawal from an order and return of Products

A Buyer who is a natural person may cancel the order (withdraw from the contract) within fourteen (14) days of receiving the Product. In that event, within five (5) days of communicating withdrawal, the Buyer must return the Product unopened in its original packaging or hand it over to the Seller or a person authorised by the Seller to receive it. Orders may be cancelled by email. The Seller shall acknowledge withdrawal to the Buyer by email. Buyers should note that, where they collect the Product from the Seller in person, the contract is no longer a distance contract; in that case, the Buyer may withdraw within 4 days of receiving the Product. Furthermore, where the Buyer is not a natural person, and thus is not a consumer, the Seller is not required to provide a 14-day right of withdrawal without giving reasons and therefore does not grant a right of withdrawal to Buyers that are legal persons.

The Buyer may exercise the right of withdrawal by any unequivocal statement to that effect, or by duly completing the following model form:

Model withdrawal form:

To: Energy Wave System Kft.

I hereby give notice that I exercise my right of withdrawal/termination in respect of the contract of sale of the following Product(s):

Date of order/date of receipt of the Product:

Name of Buyer:

Address of Buyer:

Device model and serial number:

Signature of Buyer: (only if this form is submitted on paper)

Upon cancellation, the Buyer must return any Product already received to the Seller. The Seller accepts returns only in the original packaging and with any original markings and labels. The Seller may refuse to accept any Product that is soiled, damaged or otherwise impaired, has been exposed to chemicals, has become deformed, has been used, or is missing any label.

Cancellation (withdrawal) and return are not available for custom-made Products, namely non-prefabricated Products made on the basis of the Buyer’s instructions or at the Buyer’s express request, or Products clearly personalised for the Buyer.

The right of withdrawal is restricted for sealed Products that are unsuitable for return on health protection or hygiene grounds once unsealed following delivery. Such Products may be returned (and the purchase cancelled) only in their original, undamaged packaging, where the protective film can clearly be established to be unopened and intact.

The Buyer shall bear the costs of returning a Product following exercise of the right of withdrawal, including, in particular, appropriate packaging and return shipping. Products from different orders may be returned in one parcel. If the Buyer returns a Product in a cash-on-delivery parcel and the Seller consequently pays the return costs, the Seller may deduct (set off) that amount from the purchase price to be refunded following withdrawal and shall provide the Buyer with appropriate accounting evidence. The Buyer must return the Product(s) concerned at the same time as submitting the withdrawal statement.

Where an order is cancelled after payment, the Seller shall refund the amount paid using the original payment method. With the Buyer’s express agreement, the parties may use another method of reimbursement, provided that this entails no additional charges for the Seller.

The Buyer is expressly entitled to withdraw from the order if the Product is not received within thirty (30) days of order confirmation, unless the Buyer was notified of this in advance or the circumstances are attributable to the Buyer.

The Seller may withhold reimbursement of the purchase price until the Buyer has returned the Product in accordance with these GTC or has provided unequivocal evidence of having sent it back, whichever occurs first.

4. Purchase price and payment terms

a) The purchase price is the price stated in these GTC or by email and excludes value added tax (net price). VAT generally differs between countries; therefore, the VAT rate applicable in the relevant country at the time of ordering determines the gross price.

• EWS ANALYZER: HUF 420,000 + VAT
• EWS NIDAN: HUF 3,300,000 + VAT
• EWS FREQ PRO: HUF 480,000 + VAT
• EWS FREQ MAT: HUF 1,110,000 + VAT
• EWS FRQ MATRAC: HUF 630,000 + VAT
• EWS BIOINDUKTOR: HUF 250,000 + VAT
• EWS REZGŐTÁLCA: HUF 200,000 + VAT

b) The prices stated above exclude delivery costs. The Seller shall provide information on those costs during the ordering process, before the order is placed.

c) The Seller may offer discounts or other promotional campaigns affecting Product prices from time to time. During the promotional period, the Seller must sell the advertised Product at the discounted price or on the other promotional terms, provided that the individual order meets the applicable conditions.

d) Where a discount is granted on the basis of the quantity ordered or the total order value, but the Buyer subsequently withdraws from part of the order and the reduced quantity and/or value no longer meets the conditions for the discount, the Buyer loses entitlement to that discount and must repay the discount already received. Repayment shall primarily be made by set-off against the price of the returned Product.

e) Discount coupons. The Seller may also grant entitlement to a discount in the form of a coupon. Each coupon may be used once.

f) The purchase price may be paid in advance by bank transfer against a payment request or electronic invoice issued by the Seller and sent to the Buyer’s specified email address, or in cash.

g) Collection, delivery and payment options:

1. Personal collection (6725 Szeged, Galamb utca 6., Hungary):

• Cash payment.
• Immediate bank transfer on site using internet and/or telephone banking.

2. Home delivery by GLS courier service:

• Bank transfer. The price of the Product(s) must be transferred to the bank account specified on the payment request/invoice sent to the email address provided with the order.

h) For payment by bank transfer, the Buyer shall bear the transfer fees.

i) The Product remains the Seller’s property until the purchase price has been paid in full (retention of title).

5. Guarantee obligations

The Seller is subject to a guarantee obligation pursuant to point 31 of Annex 1 to Decree No 10/2024 (VI. 28.) IM of the Minister of Justice.

The guarantee undertaken by the Seller is governed by the guarantee statement supplied for the Product or, in its absence, by the rules set out in these GTC. The guarantee statement is a separate document, handed to the Buyer by the Seller upon personal collection or enclosed in the packaging where the Product is sent by post. Buyers should note that guarantee claims may be asserted only on the basis of the guarantee statement received.

Guarantee claims may be submitted through the Seller’s customer service. The Seller’s contact details are set out in clause 10(f) of these GTC and in the Legal Notice.

The guarantee period begins upon receipt of the Product. The guarantee period is not suspended while guarantee obligations are being fulfilled. If a replacement device or replacement part is supplied, the remaining guarantee period transfers to that replacement device or part.

If the Product purchased by the Buyer develops a defect in materials or workmanship during this period, the manufacturer, as the party responsible for the guarantee, shall, at its discretion, provide one of the following remedies under the guarantee:

• repair of the goods free of charge; or
• replacement of the goods free of charge with a Product of equal or greater value.

The Seller specifies the following guarantee periods for individual Products:

• EWS ANALYZER: three (3) years per unit
• EWS NIDAN: three (3) years per unit
• EWS FREQ PRO: two (2) years per unit
• EWS FREQ MAT: two (2) years per unit
• EWS MATRAC: two (2) years per unit
• EWS BIOINDUKTOR: two (2) years per unit

If the Seller begins selling a new Product and its guarantee is not specified in these GTC, Government Decree No 151/2003 (IX. 22.) on the mandatory guarantee for certain durable consumer goods shall apply to that Product.

Guarantee claims are excluded where damage to the Product results from:

• normal wear and tear (e.g. defects resulting from use);
• improper use or misuse;
• failure to observe safety precautions;
• damage attributable to the user (e.g. impacts, falls, overcurrent or short circuits);
• attempts at unauthorised repair;
• environmental effects (heat, humidity, etc.) or force majeure.

Unless otherwise provided by law, other claims against the Seller for liability for defects become time-barred after 12 months. Liability for defects ceases if the Buyer fails to comply with the instructions for handling the delivered Product or makes alterations to it.

6. Other provisions

a) Confidentiality and respect for the parties’ reputations

b) The parties must treat the terms and provisions of each order as an individual agreement and of these GTC, together with all information concerning their legal relationship and its performance, as confidential business secrets. Confidential information expressly includes order identifiers, user data and transaction amounts designated as protected or confidential by the disclosing party, or which the other party may reasonably consider confidential.

c) The duty of confidentiality does not extend to information that is otherwise publicly available. This duty binds the parties indefinitely after fulfilment of the orders and termination of the individual agreement.

d) The parties shall act with mutual respect and, throughout their cooperation, refrain from any conduct or statement that harms or may harm the other party’s reputation.

e) To maintain and improve the customer experience, the Seller provides software updates for the entire operating life (“lifetime”) of the EWS NIDAN device and for three (3) years for the EWS ANALYZER. The Product automatically notifies the user of software updates when the device is started with an internet connection. Buyers should note that, if a new software update becomes available but is not activated, using earlier versions may cause malfunctions. Accordingly, the Seller does not accept complaints concerning use of the Product where the latest software version is not being used.

f) The Product may be used offline; however, Buyers should note that the Product must be connected online (logged in) at least every 30 days for authenticity checks, updates and user security. In the event of theft or confiscation of the Product, this is the only way the Seller can disable it and subsequently reactivate it.

7. Processing of personal data

a) In accordance with applicable legislation, the Seller primarily records and processes the Buyer’s data necessary for cooperation. The Seller may disclose to the delivery service provider all data necessary to establish and perform the delivery service engagement and to handle any complaints. Otherwise, the Seller shall ensure that the Buyer’s data are not accessible to unauthorised third parties.

b) The purposes of processing also include providing the Seller’s services in accordance with the contract and checking service performance and Buyer satisfaction. Detailed rules on data processing and newsletters are set out in the privacy notice available on the Website.

c) Processing of the Buyer’s personal data is based on voluntary consent and on Act CXII of 2011 on informational self-determination and freedom of information (the “Information Act”), Regulation (EU) 2016/679 of the European Parliament and of the Council, and Act C of 2000 on accounting. Since processing concerns users who have a customer relationship with the controller, registration of the processing in the data protection register is not required under point (a) of Section 30 of the Information Act.

8. Assignment and transfer of the legal relationship

a) Without the Buyer’s consent, the Seller may assign its rights arising from an individual order to persons specified in Section 8:2 of Act V of 2013 on the Civil Code.

b) The Buyer may not transfer the individual agreement to a third party without the Seller’s prior written consent.

c) Following purchase, the Buyer may transfer the Product to a third party. The new Buyer is entitled to the Product guarantee and customer service assistance only if the Seller is informed of the new Buyer’s contact details before or, at the latest, on the date of transfer.
If the Seller does not receive the new Buyer’s details by the date of transfer, the new Buyer is not entitled to the guarantee or customer service assistance.

9. Governing law and dispute resolution

a) The individual agreement and these GTC are governed by Hungarian law. Matters not regulated by the individual agreement or these GTC shall be governed primarily by Act V of 2013 on the Civil Code and Government Decree No 45/2014 (II. 26.) on the detailed rules governing contracts between consumers and businesses.

b) In view of their mutual interest in performance, and to prevent disputes concerning the formation and interpretation of the individual agreement and/or these GTC or arising from the contractual relationship and its performance, the parties shall inform each other of any faults or shortcomings observed in the other party’s performance, allowing that party an opportunity to comment on or remedy them (complaint handling). Complaints may be submitted using the Seller’s contact details displayed on the Website: its registered office, telephone number or email address.

c) In accordance with the preceding clause, the parties must first seek to resolve through consultation any disputes concerning the formation or interpretation of the individual agreement and/or these GTC, or arising from the legal relationship or its performance. If an amicable resolution cannot be reached, the Buyer may commence court proceedings. Where the Buyer qualifies as a consumer, the following remedies are also available in consumer disputes:

In the event of a dispute, the Buyer may apply to the conciliation body having territorial competence for the Buyer’s domicile or place of residence. If the consumer has neither a domicile nor a place of residence in Hungary, territorial competence is determined by the registered office of the Seller involved in the consumer dispute. Contact details of the conciliation bodies are available at www.bekeltetes.hu.

If, in connection with a complaint, the Buyer considers that the Seller has infringed consumer protection legislation, the Buyer may seek redress from the county government office competent for the Buyer’s domicile or from any government customer service office (Kormányablak). Contact details of government offices are available at https://www.kormanyhivatal.hu/hu/elerhetosegek.

10. Scope and amendment of these GTC

a) All provisions of these GTC apply to the parties’ entire contractual relationship, unless the parties agree otherwise or the individual agreement contains an expressly conflicting provision.

b) Energy Wave System Kft. may unilaterally amend these GTC at any time, but must ensure that the currently effective and valid GTC are always available on the Website. Amendments take effect upon publication on the Website. The Buyer acknowledges and accepts that the individual agreement formed by placing an order is subject to these GTC, including any hyperlinks or annexes used in this document.

c) Severability. If any provision of an order as an individual agreement or of these GTC is or becomes invalid or ineffective, or its performance becomes impossible (collectively: an “invalid provision”), this shall not render the entire agreement invalid or ineffective. Within ten (10) days of becoming aware of the invalid provision, the parties must remedy it by replacing it with a valid provision that most closely reflects their original contractual intention, and amend the agreement accordingly in writing.

d) No waiver. Failure or delay in exercising any right or remedy available to a party under the individual agreement, these GTC or applicable legislation shall not constitute a waiver of that right or remedy. A single or partial exercise does not preclude further exercise of that right or remedy. Accordingly, a waiver may be made only by an express statement to that effect addressed to the other party.

e) Communications (customer service). The Seller maintains customer service at the contact details specified below. Complaints and other notifications may also be submitted through those channels.

f) Seller’s contact details:

Energy Wave System Kft.

Address: 6725 Szeged, Galamb utca 6., Hungary

Email: kapcsolat@energywavesystem.com

Telephone: +36 70 654 5544

g) The Seller undertakes that Buyers contacting it by telephone will incur no charges beyond those specified for the caller by their electronic communications provider under their subscription agreement. Telephone customer service is not a premium-rate service.

h) By accepting these GTC, the Buyer declares and expressly acknowledges that they have read and understood the individual agreement and these GTC, including their consequences, have taken steps to consider them carefully, and accept their provisions as binding. These GTC also apply to and bind Buyers who purchase a Product manufactured by the Seller from a third party.

Szeged, 1 July 2025