1. Introductory Provisions
These General Terms and Conditions (hereinafter referred to as “GTC” or “Contract”) set forth all the provisions applicable to the personal ordering (as an individual contract) and fulfillment of orders for products sold by Energy Wave System Ltd. (hereinafter referred to as “Seller”). This GTC forms an integral part of the order, which constitutes an individual contract and is thus binding on the contracting parties, just as the provisions of individual contracts.
By placing an individual order, the ordering party (hereinafter referred to as “Buyer”) expressly and irrevocably declares that they have understood the GTC and accept its provisions as binding.
2. Definitions
a) Seller: Energy Wave System Ltd. (company registration number: 06 09 023307; tax number: 25858972-2-06; registered office: 6725 Szeged, Galamb utca 6.).
b) Website: The webpage operated by Energy Wave System Ltd. at www.energywavesystem.com, where the Seller offers products for sale to Buyers.
c) Product: Any item produced by the Seller or a third party and sold by the Seller.
d) Courier: Any individual or legal entity that delivers the ordered product to the specified destination. The courier does not have an employment relationship with the Seller; the delivery service is provided under a contract for services.
e) Distance Contract: A contract concluded without the simultaneous physical presence of the parties, within the framework of a distance selling system, using only means of communication at a distance. An individual order placed under this GTC is considered a distance sales contract.
f) Delivery Address: The Seller only delivers orders to destinations within the administrative territory of the European Union. Orders with a delivery address outside this area are evaluated individually, and the Seller decides on their fulfillment. The Seller may define different delivery areas for certain products or campaigns, which will be indicated on the website.
g) Order Identifier: A code used to identify the individual order.
h) Buyer: Any individual or organization that places an order for a product on the website, by email, or by phone. Buyers must be adults with full legal capacity, or an economic entity or organization with independent legal personality as per Hungarian law. The Seller serves only private consumers and reserves the right to unilaterally reject any order intended for resale or further distribution without further justification. The Seller is not required to verify the identity of the Buyer or their compliance with these conditions; the Buyer declares compliance by placing the order.
3. Purchasing Process
a) Order Placement
Registration is not required for ordering, but providing an email address and phone number is mandatory. The parties will maintain contact regarding specific orders through the provided email and phone.
b) Submitting the Order
The Buyer can place an order on the website, by email, or by phone, specifying the selected product and quantity. The Seller will confirm the receipt of the order by email or phone. If the order cannot be fulfilled in part or in full for any reason, the Seller will notify the Buyer without delay by email and/or phone. The Seller will refund any payments already made (for the unfulfilled part) using the original payment method.
Before finalizing the order, the Buyer will receive detailed information by email or phone regarding the expected delivery details, conditions, and the identity of the delivery person or company. The Seller delivers the products primarily in person, secondarily through resellers, or via the GLS courier service.
A unique contract is formed between the parties upon the placement of the order and its confirmation by the Seller, which is considered a distance contract.
The Seller reserves the right to withdraw any product from sale at any time.
The Seller strives to accurately and consistently display the most important characteristics of the products on its website. However, the Seller notes that the actual visual appearance of the product may differ significantly from what is seen on the website, depending on the settings of the monitor/display used to view the website.
c) Order Fulfillment
The Seller will make every effort to fulfill the order as soon as possible (preferably within 1-3 business days), but the fulfillment time is significantly influenced by stock availability and delivery conditions.
The Seller will deliver the order to the destination address provided by the Buyer, in accordance with this GTC, using a third party (courier).
In addition to the email or phone confirmation sent upon receipt of the order, the Seller will send a notification via email or phone confirming the acceptance of the order. This email or phone call finalizes the sales contract between the Seller and the Buyer.
d) Order Cancellation and Product Return
The Buyer, if a natural person, has the right to cancel the order (withdraw) within three (3) days of receiving the product. In such a case, the Buyer must return the product in its original packaging, unopened, within three (3) days of communicating the cancellation, or hand it over to the Seller or a person authorized by the Seller to receive the product. Cancellation must be communicated via email. The Seller will confirm the cancellation via email. The Buyer can submit a withdrawal statement through any clear declaration or use the withdrawal template provided below:
Withdrawal Template:
To: Energy Wave System Ltd.
I hereby declare that I exercise my right of withdrawal/termination regarding the contract for the sale of the following product(s):
Order date/product receipt date:
Buyer’s name:
Buyer’s address:
Device type and serial number:
Buyer’s signature: (only if submitting a paper declaration)
Upon order cancellation, the Buyer must return the product already received to the Seller. The Seller will only accept the product if it is in its original packaging and retains any original markings and labels. The Seller reserves the right to refuse the return of any product that is dirty, damaged, or otherwise altered, has been exposed to chemicals, is deformed, has been used, or is missing any labels.
There is no option to cancel (withdraw from) the purchase and return the product if it was custom-made at the Buyer’s request or if it was clearly customized for the Buyer.
The right of withdrawal is limited for sealed products that, for health or hygiene reasons, cannot be returned after opening. Such products can only be returned in their original and intact packaging, with the protective film unbroken/intact.
The Buyer must bear the costs associated with returning the product due to exercising the right of withdrawal (particularly the cost of proper packaging and return shipping). Products from different orders can be returned in one package. If the Buyer returns the product using a cash-on-delivery package and the return shipping costs are covered by the Seller, the Seller is entitled to deduct this amount from the refund due to the withdrawal and to account for this deduction in a way that is properly documented for the Buyer. The Buyer must return the product(s) affected by the withdrawal at the same time as making the withdrawal declaration.
The Seller will refund the value of the canceled order using the original payment method. The Buyer may agree to a different refund method, provided that it does not result in any additional fees for the Seller.
The Buyer is expressly entitled to withdraw from the order if they do not receive the product within thirty (30) days of the order confirmation, except where this was previously communicated to the Buyer or if the delay is attributable to the Buyer.
The Seller is entitled to withhold the refund until the Buyer returns the product in accordance with this GTC or provides conclusive evidence that the product has been returned, whichever is earlier.
4. Purchase Price and Payment Terms
a) The purchase price is always the price indicated over the phone or via email and does not include VAT (net price). The VAT applicable at the time of the order will be based on the relevant country’s VAT rate (gross price).
b) The delivery fee will be indicated during the order process, before placing the order.
c) The Seller may periodically offer discounts or other promotional campaigns affecting the product price. The Seller is obliged to sell the product at the discounted price or under other favorable conditions during the promotion period if the individual order meets the conditions of the promotion.
d) If an order receives a discount based on the quantity of products ordered or the total value of the order, but the Buyer subsequently cancels part of the order, reducing its content and/or total value so that it no longer meets the discount conditions, the Buyer loses the right to the discount and must repay the discount already received. The primary method of repayment is to offset the value of the returned product.
e) Discount Coupon: The Seller is entitled to grant a discount in the form of a discount coupon. A coupon can only be used once.
f) The purchase price can be paid in advance by bank transfer or in cash based on an invoice or electronic invoice issued by the Seller and sent to the Buyer’s provided email address.
g) Payment and Collection Options:
- Personal Collection (6725 Szeged, Galamb utca 6.):
- Payment in cash.
- Immediate transfer via net banking and/or telebanking on-site.
- Home Delivery via GLS Courier Service:
- Bank transfer. The payment must be transferred to the account number indicated on the invoice/payment request sent to the email address provided at the time of the order.
h) In the case of payment by bank transfer, the Buyer bears the transfer fee.
5. Liability, Warranty, and Guarantee
a) The seller assumes full liability, warranty, and guarantee for defective or damaged products delivered, in accordance with the applicable laws. The buyer is obligated to notify the seller of any warranty or guarantee claims in the manner and within the timeframe established by these laws.
b) The seller is only liable for damages (particularly losses) that are reasonably foreseeable from such types of contracts, or for damages resulting from extraordinary circumstances that the buyer has specifically and explicitly informed the seller of, either orally or in writing, and which the seller has agreed to undertake. The seller expressly excludes liability for indirect damages (such as reliance damages), as well as for failure to deliver a product or any other obligation under these General Terms and Conditions, if such non-performance or partial performance is due to events beyond the seller’s control, which were unforeseeable and could not reasonably have been prevented by the seller.
c) The seller limits its liability to the value of the products sold in the specific individual order.
d) The seller does not exclude or limit its liability in a manner that is contrary to applicable laws and will fulfill its statutory warranty and guarantee obligations in accordance with legal provisions.
e) The buyer is solely responsible for establishing, maintaining, and bearing all costs and liabilities related to the technical and other conditions necessary for browsing the website, placing orders, or communicating (including, but not limited to, the cost of internet access, purchasing, and operating IT devices and software). The seller’s contact information is available as a non-premium service.
6. Other Provisions
a) Confidentiality and Respect for Parties’ Good Reputation
b) The parties are required to treat the terms and conditions of the order, as a unique contract, and these General Terms and Conditions (GTC), as well as all information related to their legal relationship and its fulfillment, as confidential and as business secrets. The parties specifically include order identifiers, user data, and transaction amounts among confidential information, which the disclosing party deems protected or confidential, or which the other party reasonably believes should be treated confidentially.
c) The confidentiality obligation does not apply to information that is otherwise public. Confidentiality binds the parties indefinitely, even after the completion of orders (i.e., the termination of the individual contract).
d) The parties shall conduct themselves with mutual respect and refrain from any behavior or statements that could harm the other party’s reputation during the period of their cooperation.
7. Data Management
a) In compliance with applicable legal provisions, the seller primarily records and manages the data necessary for the cooperation with the buyer. From this data, the seller is entitled to provide all necessary information to the delivery service provider for the conclusion and fulfillment of the delivery service contract and for any potential complaint handling. Otherwise, the seller ensures that the buyer’s data is not accessible to unauthorized third parties.
b) The purpose of data management is also to ensure the proper provision of services by the seller, to complete the service, and to monitor buyer satisfaction. Detailed rules on data management and newsletters are set out in the data management information available on the website.
c) The processing of the buyer’s personal data is based on voluntary consent and on the provisions of the 2011 Act CXII on the Right to Informational Self-Determination and Freedom of Information (Infotv.) and the 2000 Act C on Accounting. Since data processing concerns users who have a customer relationship with the data controller, registration of the data processing with the data protection authority is not required under Section 30(a) of the Infotv.
8. Transfer of Legal Relationship
a) The seller is entitled to assign the rights arising from the individual order to persons specified in Section 8:2 of the 2013 Act V of the Civil Code (Ptk.) without the buyer’s consent.
b) The buyer is not entitled to transfer the individual contract to a third party without the prior written consent of the seller.
9. Governing Law and Dispute Resolution
a) Hungarian law shall apply to the individual contract and these GTC. For matters not regulated by the individual contract and these GTC, the provisions of the 2013 Act V of the Civil Code and the Government Decree 45/2014 (II.26.) on the Detailed Rules of Contracts between Consumers and Businesses shall apply.
b) In view of their mutual interest in fulfilling the legal relationship, the parties will mutually inform each other of any potential errors or deficiencies experienced during the performance of services, allowing the other party the opportunity to rectify or address them (complaint handling). Complaints can be submitted to the seller at the contact details provided on the website (registered office, phone number, or email address). In cases of severe contractual breaches by the other party, where the aggrieved party is entitled to immediate termination, complaint handling is not required.
c) The parties are required to resolve any disputes arising from the interpretation of the individual contract, these GTC, or from the legal relationship or its fulfillment through negotiation as outlined in the previous point. If peaceful dispute resolution is unsuccessful, the parties may contact the conciliation body competent for the seller’s registered office or the buyer’s residence. The conciliation body for the seller’s registered office and its contact details can be found at: http://www.bekeltetes.hu/index.php?id=testuletek.
10. Scope and Amendment of These GTC
a) These GTC apply to the entire contractual relationship between the parties unless otherwise agreed, or unless the individual contract expressly contains a provision contrary to these GTC.
b) The Energy Wave System Ltd. is entitled to unilaterally modify these GTC, but must ensure that the current and valid version is always accessible on the website. The buyer acknowledges and accepts that the provisions of these GTC, including any hyperlinks or attachments in this document, are binding on the individual contract formed through the order.
c) Partial Invalidity. If any provision of the order, as an individual contract, or of these GTC, becomes invalid, unenforceable, or impossible to perform (collectively: invalid provision), this does not render the entire contract invalid or unenforceable. The parties are required to rectify the invalid provision within ten (10) days of becoming aware of it and replace it with a valid provision that most closely reflects their original contractual intent and to modify the contract accordingly in writing.
d) No Waiver of Rights. The failure or delay in exercising any right or remedy under the individual contract, these GTC, or any applicable law shall not constitute a waiver of that right or remedy, nor shall the partial or single exercise of any right or remedy preclude the further exercise of that right or remedy. Consequently, a waiver declaration is only possible through an explicit statement directed to the other party.
e) Contact (Customer Service). The seller maintains customer service at the specified contact details, where complaints or other notifications can 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 ensures that no additional charges beyond those specified in the subscription agreement with the electronic communications service provider will be imposed on the buyer for contacting customer service by phone. The phone service is not a premium-rate service.
h) By accepting these GTC, the buyer declares and expressly acknowledges that they have read, understood, and taken steps to carefully consider the provisions and consequences of the individual contract and these GTC, and they accept the provisions contained herein as binding.
Szeged, 01.02.2020.