Energy Wave System Ltd.
GENERAL TERMS AND CONDITIONS
1. Introductory Provisions
These General Terms and Conditions (hereinafter: GTC or contract), contained in this document, include all provisions generally applicable to the personal order (as an individual contract) of products sold by Energy Wave System Ltd. (hereinafter: seller), as well as the fulfillment of such orders, in addition to the terms specified in the individual order. This GTC forms an inseparable part of the order as an individual contract and is thus binding upon the contracting parties, just as the provisions of each individual contract.
By placing an individual order, the ordering party (hereinafter: buyer) expressly and irrevocably declares that they have read and accept this GTC as binding upon themselves. The contracts concluded between the Seller and the Buyer, as well as the rights and obligations related thereto, are otherwise governed by Hungarian law.
2. Definitions
a) Seller: Energy Wave System Ltd. (hereinafter: seller) (company registration number: 06 09 023307; tax number: 25858972-2-06; registered office: 6725 Szeged, Galamb utca 6.).
b) Website: The website operated by Energy Wave System Ltd. at www.energywavesystem.com, through which the Seller offers products for sale to buyers.
c) Product: A product made by the seller or a third party and sold by the seller.
d) Courier: Any individual or legal entity who delivers the ordered product to the designated destination. The courier is not an employee or otherwise engaged by the seller under an employment relationship; the delivery service is provided under a service contract.
e) Distance contract: A contract concluded within a distance sales system without the simultaneous physical presence of the parties, where the contract is concluded using only means of communication between distant parties. An individual order placed under this GTC qualifies as a distance sales contract.
f) Shipping address: The seller only fulfills orders (delivery) to destinations within the administrative territory of the European Union; orders for delivery outside this area are evaluated individually, and fulfillment is decided accordingly. The seller may specify a delivery area different from the entire administrative territory of the European Union for certain products or campaigns, in which case the conditions are published on the website.
g) Order ID: A code identifying the individual order.
h) Buyer: Any person or entity placing an order to purchase a product via the website, by email, or by phone. The buyer can only be an adult, a person not restricted in their legal capacity, or an organization incorporated under Hungarian law or another entity with legal personality. The seller only fulfills orders for private use and may unilaterally refuse orders for resale or further distribution without justification. The seller is not obliged to verify the identity or eligibility of the buyer; the buyer declares compliance with these conditions upon placing the order.
3. Purchasing Process
a) Order
No prior registration is required for ordering; however, providing an email address and phone number is mandatory. The parties will use these contacts for further communication regarding orders.
b) Placing an Order
The buyer may place orders via the website or by email, specifying the selected product(s) and quantity. The seller sends an order confirmation by email or confirms the order by phone. If for any reason the order cannot be fulfilled in whole or in part, the seller will promptly inform the buyer by email and/or phone. Any payment already made for unfulfillable items will be refunded using the original payment method.
Before finalizing the order, the buyer will receive detailed information about the expected delivery details and conditions, as well as the delivery person or company, and delivery terms, either by email (upon request) or by phone otherwise. The seller primarily delivers products in person, secondarily through resellers, or via GLS courier service. The standard delivery time is 5-10 business days; if otherwise, the seller will notify the buyer by email. If the seller determines that the ordered product is unavailable during order processing, the buyer will be informed and advised whether the product is permanently or temporarily unavailable. For orders containing multiple products with different delivery times, the seller will generally dispatch them in one package, unless otherwise agreed.
Upon placing the order and receiving confirmation from the seller, an individual contract is formed between the parties, which qualifies as a distance contract.
The seller reserves the right to withdraw any product from sale at any time.
The seller endeavors to provide accurate information regarding the main features of the products on the website at all times. The seller also draws attention to the fact that the actual visual appearance of the product may differ from the photos seen on the website, significantly depending on the monitor/display settings used to view the website.
c) Order Fulfillment
The seller will do everything possible to fulfill the order promptly; however, fulfillment time is significantly affected by product stock and shipping conditions.
The seller will have the order delivered to the shipping address specified by the buyer, in accordance with these GTC, using a third-party courier.
The seller sends an order confirmation email or provides oral confirmation. The sales contract is concluded between the seller and the buyer upon this confirmation.
d) Withdrawal and Product Return
A consumer (natural person) buyer is entitled to cancel (withdraw from) the order within fourteen (14) days of receiving the product. In this case, the buyer must return the product unopened in its original packaging within five (5) days of declaring withdrawal, or hand it over to the seller or an authorized person. Cancellation can be made by email. The seller will confirm receipt of withdrawal by email. Please note that if the buyer collects the product in person from the seller, this is not a distance contract; in such cases, the buyer may withdraw within four (4) days of collection. If the buyer is not a natural person (not a consumer), the seller is not obliged to provide a 14-day withdrawal right; thus, no withdrawal right is granted to legal entities.
Withdrawal can be declared by any clear statement or using the following template:
Sample Withdrawal Statement:
Recipient: Energy Wave System Ltd.
I, the undersigned, declare that I exercise my right of withdrawal/termination regarding the sales contract for the following product(s):
Date of order/product receipt:
Buyer’s name:
Buyer’s address:
Device type and serial number:
Buyer’s signature: (for paper-based statements only)
Upon cancellation, the buyer must return any product already received to the seller. Only products in their original packaging and with any original markings or labels will be accepted. The seller is entitled to refuse any product that is contaminated, damaged, otherwise impaired, exposed to chemicals, deformed, used, or missing any label.
For products custom-made to the buyer’s order—that is, not pre-manufactured, made to the buyer’s specifications or clearly personalized—cancellation (withdrawal) and return are not possible.
The right of withdrawal is limited for sealed products which, for health protection or hygiene reasons, cannot be returned once unsealed after delivery; such products may only be returned in their original, unopened packaging, and if any protective film is clearly intact.
The buyer must bear all costs associated with returning the product due to withdrawal (including, in particular, appropriate packaging and shipping fees). Products from different orders can be returned in one parcel. If the buyer returns the product cash on delivery and the seller pays for the return costs, the seller may deduct these from the refund (set-off) and will document this accordingly for the buyer. The buyer must return the affected product(s) concurrently with declaring withdrawal.
For canceled orders where payment has already been made, the seller will refund the purchase price using the original payment method. If the buyer expressly agrees, a different payment method may be used, provided the seller incurs no extra fees as a result.
The buyer is expressly entitled to withdraw from the order if the product is not received within thirty (30) days from order confirmation, unless this was previously communicated to the buyer or the delay is due to the buyer.
The seller is entitled to withhold the refund until the buyer returns the product in accordance with these GTC, or provides conclusive proof of dispatch; the earlier of the two shall apply.
4. Purchase Price and Payment Terms
a) The purchase price is the amount indicated in these GTC or in email, and does not include VAT (net price). VAT varies by country, so the applicable rate for the buyer’s country is charged at the time of order (gross price).
- EWS ANALYZER: HUF 420,000 + VAT
- EWS NIDAN: HUF 3,300,000 + VAT
- EWS FREQ PRO: HUF 480,000 + VAT
- EWS FREQ PRO and MAT: HUF 1,110,000 + VAT
- EWS FRQ MAT: HUF 630,000 + VAT
- EWS FREQ TAB: HUF 190,000 + VAT
b) The above prices do not include delivery costs, which will be communicated before ordering.
c) The seller may offer discounts or promotional campaigns affecting the price from time to time. The seller is obliged to provide the product at the discounted price or under special conditions during the validity period if the order meets these conditions.
d) If a discount was granted based on order volume or value, but the buyer subsequently partially withdraws and the modified order no longer qualifies, the buyer forfeits the discount and must repay any previously received discounts. The repayment is primarily set off against the value of the returned products.
e) Discount Coupon: The seller may provide eligibility for discounts in the form of a coupon. Each coupon may be used once.
f) Payment is made in advance by bank transfer or in cash, based on a proforma invoice or electronic invoice issued by the seller and sent to the email provided by the buyer.
g) Collection and payment options:
- Personal collection (6725 Szeged, Galamb utca 6.):
Cash payment;
Immediate bank transfer (netbank or telebank) on site. - Home delivery by GLS courier:
By bank transfer. The product(s) must be paid by transfer to the account number on the proforma/invoice sent to the email address provided during ordering.
h) Any bank transfer costs are borne by the buyer.
i) The product remains the property of the seller until full payment is received (retention of title).
5. Warranty Obligation (Guarantee)
Based on point 31 of Annex 1 to Decree 10/2024. (VI.28.) IM, the seller is obliged to provide a warranty.
The warranty (guarantee) provided by the seller is based on the warranty statement provided with the product or, in its absence, the rules in this GTC. The warranty statement is a separate document, delivered in person or included in the shipment. The seller emphasizes that warranty claims can only be enforced with the received warranty statement.
Warranty claims may be submitted via the seller’s customer service. Seller contact details are provided in section 10)f) of these GTC and in the company’s Imprint.
The warranty period begins upon receipt of the product. The warranty period does not pause during the period of warranty fulfillment. If a replacement device or part is provided, the remaining warranty period transfers to the replacement.
If, during the warranty period, a product purchased by the buyer develops a material or manufacturing defect, the manufacturer, as the warrantor, will at its discretion provide the following services under warranty:
- Free repair of the product, or
- Free replacement with a product of identical or higher value
Product-specific warranty periods are set by the seller as follows:
- EWS ANALYZER: three (3) years/unit
- EWS NIDAN: three (3) years/unit
- EWS FREQ PRO: two (2) years/unit
- EWS FREQ PRO and MAT: two (2) years/unit
- EWS MAT: two (2) years/unit
- EWS FREQ TAB: two (2) years/unit
If the seller introduces new products and the warranty is not listed in the GTC, the relevant provisions of Government Decree 151/2003. (IX. 22.) on mandatory warranties for certain durable consumer goods shall apply.
The warranty does not cover damage resulting from:
- Normal wear and tear (e.g., use-related defects)
- Improper or abusive use
- Failure to observe safety precautions
- Self-inflicted damage (e.g., impact, drops, overvoltage, short circuits)
- Unauthorized repair attempts
- Environmental effects (heat, humidity, etc.) or force majeure
Other statutory warranty claims against the seller expire after 12 months unless otherwise provided by law. The warranty is void if the buyer fails to follow the handling instructions or modifies the product.
6. Other Provisions
a) Confidentiality and Respect for Good Reputation
b) The parties shall treat all information related to the order as an individual contract and these GTC, and all information related to their legal relationship and its fulfillment, as confidential business secrets. Confidential information includes order IDs, user data, transaction amounts, and any data designated as confidential by the disclosing party or reasonably understood as such by the other party.
c) The obligation of confidentiality does not extend to information that is already public. The obligation continues indefinitely, even after completion (or termination) of the order/contract.
d) The parties shall act with mutual respect and refrain from any conduct or statements that may harm the other party’s good reputation during the period of cooperation.
e) The seller provides software updates for the entire operating lifetime of the EWS NIDAN device, and for three (3) years for the EWS ANALYZER, to maintain and improve user experience. The product sends an automatic notification of updates upon online activation. If a new update becomes available but is not activated, errors may occur when using earlier versions. Therefore, the seller will not accept complaints if the product is not running the latest software version.
f) The product may be used offline, but the seller draws attention to the need for online connection (login) at least every 30 days for authenticity verification, updates, and user security. In case of unauthorized theft or confiscation, only in such cases can the seller disable and later reactivate the product.
7. Data Processing
a) In accordance with applicable legal provisions, the seller primarily records and manages only the data necessary for cooperation regarding the buyer, which may be provided to the service provider responsible for delivery as necessary for delivery and possible complaint handling. Otherwise, the seller ensures that the buyer’s data is not accessible to unauthorized third parties.
b) The purpose of data processing is also the proper performance of the seller’s services, checking fulfillment and buyer satisfaction. Detailed rules for data processing and newsletters are set out and available in the privacy policy on the website.
c) Processing of the buyer’s personal data is based on voluntary consent, as well as Act CXII of 2011 on Information Self-Determination and Freedom of Information (Infotv.), Regulation (EU) 2016/679 of the European Parliament and Council (GDPR), and Act C of 2000 on Accounting. Since processing concerns users in contact with the data controller, registration in the data protection register is not required under Infotv. §30 a).
8. Assignment of the Legal Relationship
a) The seller may assign its rights arising from the individual order to the persons specified in Section 8:2 of Act V of 2013 on the Civil Code (Ptk.) without the buyer’s consent.
b) The buyer may not assign the individual contract to a third party without the seller’s prior written consent.
9. Applicable Law, Dispute Resolution
a) The individual contract and these GTC are governed by Hungarian law. For matters not regulated herein, the provisions of Act V of 2013 on the Civil Code and Government Decree 45/2014. (II. 26.) on detailed rules for contracts between consumers and businesses shall apply.
b) In view of their mutual interest in the performance of the legal relationship, the parties shall inform each other of any errors or deficiencies encountered in the provision of services, allowing the other party to comment or remedy (complaints procedure). Complaints may be made to the seller via the contact details (registered office, phone number, or email address) published on the website.
c) The parties shall resolve any disputes arising from the conclusion, interpretation, or performance of the individual contract and/or these GTC primarily by negotiation as set out above. If peaceful dispute resolution fails, the buyer may initiate court proceedings. If the buyer qualifies as a consumer, the following legal remedies are available:
In the event of a dispute, the buyer may apply to the conciliation board competent for their place of residence or stay. If the consumer does not have a domestic address, the conciliation board’s jurisdiction is determined by the seller’s registered office. The contact details of the Conciliation Boards are available at www.bekeltetes.hu.
If the buyer believes that the seller has violated consumer protection regulations, they may seek legal remedy from the county government office or any government window (kormányablak) competent for their place of residence. Contact details can be found at https://www.kormanyhivatal.hu/hu/elerhetosegek.
10. Scope and Amendment of these GTC
a) These GTC apply to the entire contractual relationship between the parties, except where otherwise agreed or if the individual contract expressly contains conflicting provisions.
b) Energy Wave System Ltd. may amend these GTC unilaterally at any time, but must ensure that the current and valid GTC are always available on the website. Any amendment takes effect upon publication on the website. The buyer acknowledges and accepts that the provisions of these GTC apply with binding force to individual contracts concluded by order, including any hyperlinks or annexes in this document.
c) Partial Invalidity: If any provision of the order as an individual contract or of these GTC is or becomes invalid, ineffective, or impossible to perform (collectively: invalid provision), this does not render the entire contract invalid or ineffective. The parties shall remedy the invalid provision within ten (10) days of becoming aware and replace it with a valid provision that most closely reflects their original contractual intent, modifying the contract accordingly in writing.
d) No Waiver: Failure or delay in exercising any right or remedy under the individual contract, these GTC, or applicable law shall not be construed as a waiver thereof. Partial or single exercise does not preclude further exercise. A waiver is only effective if expressly made in writing and addressed to the other party.
e) Contact (Customer Service): The seller maintains customer service at the specified contacts, where complaints or other notifications may also be made.
f) Seller’s contact details:
Energy Wave System Ltd.
Address: 6725, Szeged Galamb utca 6.
Email: kapcsolat@energywavesystem.com
Phone: +36 70 654 5544
g) The seller guarantees that callers will not be charged fees beyond those set by their electronic communications provider; the customer service number is not a premium-rate number.
h) By accepting these GTC, the buyer declares and expressly acknowledges that they have read and understood the provisions and consequences of the individual contract and these GTC, have carefully considered them, and accept them as binding. The provisions of the GTC also apply to buyers who purchase products
manufactured by the seller from a third party.
Szeged, 2025.07.01.
