General terms and conditions

These general terms and conditions (hereinafter referred to as ‘GTC’) are to be applied for sales contracts that involve UNIX AUTÓ KFT. (address: 1139 Budapest, Frangepán u. 55.-57., tax number: 10465802-2-44, registration no.: 01-09-072803, hereinafter referred to as ‘Company’) and Consumer (under the Hungarian Civil Code, a consumer is a natural person who is acting out of the scope of his profession, private entrepreneurial activities or business operations, hereinafter referred to as ‘Consumer’) for products distributed by the Company (hereinafter referred to as ‘Product’ or ‘Products’).

When a Consumer places an order at the Company’s webshop (https://www.unixauto.com , hereinafter referred to as ‘Webshop’), the sales contracts subject to these T&Cs are performed by in-person pickup at the branch designated by the Consumer during order placement, after receipt of the purchase price as consideration.

1. Webshop use

The consumer has to register to take advantage of the Webshop’s full functionality. Once registered, the consumer can log into the Webshop using the login information entered during registration. The information provided by the Consumer shall only be processed by the Company in accordance with its Privacy Policy and Privacy Statement. The accuracy of the information may be checked before they are approved, and through the Webshop, the Consumer may request their modification or deletion from the database any time. Registration is not required for the limited use of the Webshop and browsing the database.

By submitting an order at the Webshop, the Consumer enters into a written contract with the Company, the language of which is Hungarian and which is governed by Hungarian law.

The Company can only accept an order if the Consumer fills in all the fields on the site with real data at the time of registration and order placement. The Company shall not be liable for any damage resulting from the Consumer’s failure to do as required above or for any technical issues that arose during order placement, in particular internet connection problems.

1.1. The steps of registration:

Registration can be initiated at the https://www.unixauto.com/webshop/registration website. Please enter your primary data first. Once primary data has been provided, you can register your vehicle. If you do not register your vehicle, you can confirm your registration by clicking the registration button. A confirmation email will be sent to the email address you provided during registration, click on ‘Confirm registration’ (‘Regisztráció megerősítése’).

1.2. Purchase:

Enter the Webshop with your login information. Once you have logged in, select the product you want to order and click on the Basket (Kosár) button. When you press the Basket button, you can use the pop-up window to select the quantity you want to order. Press the Basket button after you enter the order quantity. Placing the products in the basket opens the Basket side panel that shows the products that have been placed in the basket. If you want to continue shopping, click on ‘Continue shopping’ (‘Vásárlás folytatása’). If you want to finalize your order, click on ‘Jump to the basket’ (‘Tovább a kosárhoz’). You can open the basket to check the products and quantity you want to order. At the Summary panel, you can check the sum of your order, select whether to redeem a discount, and change delivery details. After checking all data, click on ‘Jump to order’ (‘Tovább a rendeléshez’). Enter billing and contact information, then click ‘Next’. Before finalizing your order, check your contact information and the items ordered, then click on ‘Submit order’ (‘Rendelés leadása’). Once you have successfully ordered, you can continue browsing by pressing the ‘Jump to Webshop’ (‘Irány a webshop’) button. Once your order is placed, it will be processed and you will be notified by email when it is finalized.

The prices shown beside the products are denominated in Hungarian Forint (HUF), and they include VAT. The Company reserves the right to change the price and to close various advertised special offers without notice.

The product inventory information is displayed at the Webshop for each product. If, after submitting the order, it is found that the product is not in stock despite the information indicated, the Company will contact the Consumer and, if agreed by both parties, the order may be modified or any sums already paid will be reimbursed by the Company to the Consumer.

1.3. Order confirmation, missing confirmation:

Consumer will receive an email confirmation after the order has been sent. If the Consumer does not receive such confirmation within a reasonable time (depending on the nature of the service) or within maximum 48 hours after order submission, the consumer will not be bound by the offer and released of the contractual obligation. The order and its confirmation shall be deemed to have been received by the Company or the Consumer when it becomes available to them. The Company refuses to assume liability for confirmation, if the confirmation is not received in time because the Consumer has entered an incorrect e-mail address during the registration or he is unable to receive a message due to the fullness of the storage space in his account.

1.4. Correction of data entry errors:

Before the ordering process is completed, the Consumer can go back to the previous phase at any time, where he can correct the data entered.

The contents of the basket may be viewed or modified during the order: if the basket contains an incorrect quantity of items, you can press X to erase the contents of the basket for the given product. Thereafter the Consumer has to place the correct amount of items in the basket again. If you want to delete Products in your basket, you can do so by pressing the X button next to the Product.

During the order, the Consumer may correct/delete the data entered any time.

1.5. Delivery date:

On the order form, click on ‘Shipping information’ (‘Szállítási információk’) for more information on the expected shipping time.

1.6. Transport costs and terms:

The Consumers may only pick up products in person at our branches. The parts ordered from the webshop may only be picked up in person at the branch near the delivery address you specified. As a Loyalty Card holder, the easiest way to check this is by logging in with your Loyalty Card data and checking our ‘Banch sites’ (‘Kiszolgáló telephely’). The Consumer shall be notified of the time of delivery by the Company. No shipping costs will be charged for in-person pickup. The Consumer has 4 working days for in-person pickup at the designated office. After this time limit expires, the Company will consider the sales contract null and void.

A szállítási időről a Fogyasztót külön értesíti a Társaság. A személyes átvétel során nem számítunk fel szállítási költséget. A személyes átvételre a megadott kirendeltségen a Társaság 4 munkanapot biztosít a Fogyasztó számára. A megadott határidő lejárta után a Társaság az adásvételi szerződést semmisnek tekinti.

2. Withdrawal, warranty, defect and product liability

2.1. Right of withdrawal or termination

2.1.1. Under Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between the Customer and the Business, the Consumer may, within 14 days of receiving the product ordered, withdraw from the contract without giving reasons or terminate it (hereinafter, withdrawal and termination referred to collectively as withdrawal) and return the product ordered. In the absence of this notice, a Consumer is entitled to exercise the right of withdrawal for 1 year. If the Company provides the notice more than 14 days after the product receipt date or the execution of the contract, but within 12 months, the period for withdrawal shall be 14 days from the date the notice was communicated.

2.1.2. The period for exercising the right of withdrawal shall expire 14 days after the date on which the consumer or a third party it designated (other than the carrier) picks up the product.

2.1.3. The Consumer may also exercise the right of withdrawal from the date of contract execution until the date of product pickup.

2.1.4. The cost of returning the product must be borne by the Consumer, the Company has not undertaken to bear such cost.

2.1.5. When exercising the right of withdrawal, the Consumer shall be charged no other cost than that of product return.

2.1.6. The right of withdrawal shall not be granted to the Consumer in the case of a non-prefabricated Product, which was produced under the instructions of the consumer or at his express request, or a Product that was clearly tailored to the Consumer.

2.1.7. The Consumer may not exercise the right of withdrawal in the following cases either:
a. a contract for the provision of services, after the performance of the service as a whole, if the Company started the performance with the express prior consent of the Consumer, and the Consumer has acknowledged that he loses the right of withdrawal after the service as a whole has been performed;
b. a Product or Service, the cost or fee of which is beyond the Company’s control and even during the period for exercising the right of withdrawal, depends on possible money market fluctuations;
c. Products which are perishable or liable to expire rapidly;
d. sealed Products that have been unsealed by the Consumer and are not then suitable for return due to health protection or hygiene reasons;
e. Products that, by their nature, become inseparably mixed with another product after delivery;
f. in the case of alcoholic drinks, the actual value of which depends on market fluctuations that cannot be influenced by the Company, and the price of which was agreed upon by the Parties at the time of the conclusion of the sales contract, but the contract is performed only after the thirtieth (30) day following the date of the conclusion;
g. contracts for which the Consumer has specifically requested the Company to visit him at home for the purpose of carrying out repairs or maintenance;
h. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed by the Consumer after delivery;
i. the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
j. contracts concluded at a public auction;
k. contracts for the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract has set a specific deadline or time limit for performance;
l. with regard to digital content not supplied on a tangible medium if the business has commenced the performance with the Consumer's prior express consent and simultaneously with such consent of the Consumer on his acknowledgment that he will lose his right of withdrawal after commencement of the performance.

2.1.8. The Company shall reimburse the Consumer the paid amount, including the delivery fee, without delay, but no later than 14 days after the receipt of the product or the receipt of the withdrawal declaration, in accordance with the above legislation.

2.1.9. The refund shall be made using the same method of payment as that used in the original transaction, unless the Consumer expressly agrees to use another method of payment; no additional cost shall be charged to the Consumer as a result of applying this refund method.

2.1.10. The Consumer shall return or leave at the Company’s address the products without undue delay, but at most within 14 days after the withdrawal notice had been sent to the Company.

2.1.11. If the Consumer withdraws in writing, it is sufficient to send the withdrawal notice within 14 days.

2.1.12. The Consumer will meet the deadline if the Product(s) are returned or handed over before the 14-day-period expires. Product return shall be deemed performed if the Consumer dispatches the Product before the deadline expires.

2.1.13. The Consumer shall only bear the direct costs of the Product return, unless the Company has agreed to cover this expense.

2.1.14. The Company is not required to reimburse supplementary costs arising from the fact that the consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Company.

2.1.15. The refund may be withheld until the Company receives the Product(s) or the Consumer provides proof that they have been sent back, whichever is earliest.

2.1.16. If the Consumer intends to exercise the right of withdrawal, it can be communicated by the Consumer in writing (the attached form may be used), using any of the contact addresses of the Company, or by phone or in person. If a written notification is sent by post, the date the post is lodged is taken into account, if the notification is done by phone, the date of the call. If using post, the notification must be sent as a registered mail. The Consumer can return the ordered Product to the Company by post or courier service.

2.1.17. The Consumer will be liable only for the depreciation of the Product arising from the use exceeding the use required to the establishment of the nature, properties and functioning of the Product. In the event of damage or depreciation beyond this, the Company will not be required to reimburse the Consumer the total purchase price. The Company will request the Consumer to preferably return the Product in its original package.

2.1.18. Please find Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between the Customer and the Businesshere .

2.1.19. Please find Directive 2011/83/EU of the European Parliament and of the Council here.

2.1.20. The Consumer may also contact the Company with any other complaint using the contact details listed in these GTC.

2.1.21. The right of withdrawal may not be exercised by a Company, that is to say, a person who is acting in the scope of pursuit of profession, private entrepreneurial activities or business operations.

2.2. Exercising the right of withdrawal:

2.2.1. If the Consumer wishes to exercise the right of withdrawal, the Company must be notified of this intention based on the Withdrawal/termination template attached to Government Decree 45/2014. (II. 26.) as Appendix 2:

„Withdrawal/termination notice template (complete and return only if you wish to withdraw from/terminate the contract)

Recipient:

I/We, the undersigned, declare that I/we exercise my/our right of withdrawal/termination in respect of a contract for the sale of the following product(s) or the supply of the following service:

Date of contract execution/receipt: Name of the consumer(s): Address of the consumer(s) Signature of the consumer(s): (only in the case of a declaration made in writing)

Date:”

2.2.2. If the Consumer sends the withdrawal notice within 14 days after the receipt of the Product, he will exercise his right to withdrawal in time. As regards written withdrawal, it is sufficient to only send the withdrawal notice within 14 days. If the notice is sent by post, the date of posting will be

2.2.3. taken into account, if via email or telefax, the time the email or fax is sent.

2.2.4. If the Consumer withdraws from the contract, he will be required to return the Product to the Company address without delay, but no later than 14 days after the withdrawal notice is communicated. The deadline is deemed to have been observed if the product is dispatched before the 14-day-deadline (i.e. it does not need to arrive within 14 days). If the Customer exercises the right to withdrawal, he shall bear the costs of returning the goods.

2.2.5. However, the Company is not required to reimburse supplementary costs arising from the fact that the Consumer has opted for a type of delivery other than the least expensive type of standard delivery offered by the Company. The Consumer may also exercise the right of withdrawal from the date of contract execution until the date of the receipt of the Product.

2.2.6. If several Products are purchased and they are not delivered at the same time, the buyer may exercise the right of withdrawal within 14 days of receipt of the product delivered last, or in the case of a product consisting of several items or pieces, the receipt of the item or piece delivered at last.

2.2.7. Upon completion of the order, at the time of delivery, the Consumer shall check the Product, its packaging and its contents and sign the acknowledgment of receipt. Thereafter the Company may not consider complaints relating to any deficiencies that could have been identified at that time. In the event of a quantitative or qualitative complaint, the Company branch will take the Product back from the Consumer.

2.3. Lack of conformity Performance will be defective if at the time of performance, the service does not comply with the contractual or legal obligations regarding quality. Performance will not be defective if the obligee knew or should have known about the defect at the time of the contract execution. Any clause in a contract between a consumer and a business party that derogates from the provisions of this Chapter on warranty and commercial guarantee shall be null and void.

2.4. Warranty

2.4.1. When is the Consumer entitled to exercise the warranty rights? If the Company’s performance is defective, the Consumer is entitled to enforce warranty rights against the Company in accordance with the provisions of the Civil Code.

2.4.2. What rights will the Consumers have regarding their warranty rights? The consumer may choose from the following warranty rights: he may request repair or replacement, unless the request is impossible to fulfil or it would result in disproportionate expenses on the part of the business compared to the other warranty claim. If the Consumer did not or could not choose repair or replacement, the Consumer may, at its discretion, request the proportionate reduction of the consideration, repair the defect or have it repaired at the expense of the obligor , or ultimately, withdraw from the contract. The consumer may switch from the warranty right he has selected to another; in this case, the cost incurred due to this change shall be borne by the Consumer, unless it was made necessary by the conduct of the business or for other reasons.

2.4.3. When can the Consumer enforce his guarantee rights? Upon discovery of a defect, the Consumer shall communicate it to the Company without delay, but not later than within two months after detection. However, please note that beyond the two-year limitation period following the performance of the contract, no warranty rights may be enforced .

2.4.4. Against whom may the Consumer enforce the warranty rights? The Consumer may enforce the warranty rights the Company as a service provider.

2.4.5. What other conditions govern warranty rights? Within six months of the performance, there are no conditions other than notification of the lack of conformity to enforce the warranty claim if the Consumer proves that the Product or service was provided by the Company operating the Webshop. However, more than six months after performance, the Consumer must prove that the defect discovered by the Consumer was already present at the time of delivery.

2.5. Product guarantee

2.5.1. When is the Consumer entitled to exercise the product guarantee rights? In case of lack of conformity of any movable item (Product), the Consumer may, exercise warranty or product guarantee claim.

2.5.2. What rights do Consumers have based on regarding a product guarantee claim? When pursuing a product guarantee liability claim, the Consumer may only ask for the defective product to be repaired or replaced.

2.5.3. When is a Product defective? The product is defective if it does not meet the quality requirements applicable at the time it was placed on the market or if it does not meet the specifications described by the manufacturer.

2.5.4. When is a product guarantee claim enforceable? The Consumer may enforce a product guarantee claim within two years of the date on which the product was placed on the market by the manufacturer. Upon expiry of such time limit , his right shall be lost..

2.5.5. Against whom and under what other conditions may product guarantee claims be enforced? The Consumer may only exercise the product guarantee right against the manufacturer or distributor of the movable property. When enforcing the product guarantee claim, the Consumer shall prove the lack of conformity of the Product.

2.5.6. When shall the manufacturer (distributor) be relieved of warranty obligation? The manufacturer (distributor) shall be exempt from warranty obligation only if he can demonstrate that:

• the product has not been manufactured or placed on the market within the scope of its business operation, or
• at the present state of science and technology, the lack of conformity could not have been discovered at the time when it was placed on the market or
• the lack of conformity results from the application of a legal or statutory requirement.

2.5.12. To be exempt, the manufacturer (distributor) only needs to prove one of the above. Please note that it is not possible to enforce both warranty and product guarantee at the same time, in parallel. However, if product guarantee is successfully enforced, a warranty right for the replaced product or for the repaired part may be enforced against the manufacturer.

2.6. Commercial guarantee

2.6.1. What rights will the Consumers have regarding commercial guarantee and within what time limits they may be exercised?

2.6.2. Guarantee periods are as follows: one (1) year if the purchase price is over 10,000 HUF, but does not exceed 100,000 HUF; two (2) years if the purchase price is over 100,000 HUF, but does not exceed 250,000 HUF; three (3) years if the purchase price is over 250,000 HUF. The guarantee period will begin on the day when the consumer good is delivered to the Consumer, or on the day of installation if the installation is executed by the company or its agent. Based on the guarantee claim, at the discretion of the obligee , In the event the Consumer installs the consumer good at least six months after its delivery, the warranty period will start on the day of its delivery.

1. request the item to be repaired or replaced, except if the chosen guarantee claim is impossible to fulfil, or if compared to the fulfilment of the other guarantee claim, it would result in disproportionate extra cost to for the Company, taking into account the value of the faultless service, the seriousness of the contract breach and the injury caused to the consumer by fulfilling the guarantee claim; or
2. if the Company does not commit to the repair or replacement, or is not able to comply with this obligation, or if the consumer no longer has an interest in the repair or the replacement, the obligee may request the proportionate reduction of the consideration, repair the damage on its own or have it repaired at the expense of the Contractor, or withdraw from the contract.
3. If the consumer good is being repaired for the first time during the guarantee period and the Company finds that it cannot be repaired, unless provided otherwise by the Consumer, the Company shall replace the consumer good within 8 days. When replacement is not possible, the Company shall reimburse the Consumer the purchase price shown on the document presented by the Consumer within 8 days. (Exception: electric bicycle, electric roller skate, quad, motorbike, two-or three-wheel motorbike, passenger car, caravan, camper, camper with a trailer, trailer, motorised watercraft) If the consumer good is repaired three times during the guarantee period and another defect occurs, the company shall replace the consumer good within 8 days, unless provided otherwise by the consumer. When replacement is not possible, the Company shall reimburse the Consumer the purchase price shown on the document presented by the Consumer within 8 days. (Exception: electric bicycle, electric roller skate, quad, motorbike, two-or three-wheel motorbike, passenger car, caravan, camper, camper with a trailer, trailer, motorised watercraft) If the consumer good is not repaired until the 30th day after the repair claim is communicated to the Company, unless provided otherwise by the Consumer, the Company shall replace the consumer good within 8 days after the fruitless expiration of 30-day-period. If the replacement is not possible, the Company shall repay the Consumer the purchase price shown on the document presented by the Consumer within 8 days. (Exception: electric bicycle, electric roller skate, quad, motorbike, two-or three-wheel motorbike, passenger car, caravan, camper, camper with a trailer, trailer, motorised watercraft) In the case of repaired consumer goods, the guarantee period shall be extended by the period of time the Consumer was unable to use the good for its intended purpose due to the defect.

2.6.3. Minor defects shall not lay grounds for withdrawal. Taking into account the properties of the product and its intended purpose expected by the consumer, repair or replacement shall be carried out within the reasonable time limit and with respect to the interests of the obligee .

2.6.4. When will the Company be exempt from the guarantee obligation?

2.6.5. The Company shall be exempt from its guarantee obligation only if it proves that the cause of the defect occurred after the performance. Please note that

2.6.6. It is not possible to enforce warranty and guarantee claims for the same defect simultaneously, in parallel; however, the Consumer may exercise his guarantee rights independently of the provisions of the chapters on product guarantee and warranty.

2.6.7. The Company shall have no guarantee obligation beyond the guarantee period (expected technical lifetime) due to natural wear and tear/obsolescence.

2.6.8. The Company shall not have warranty or guarantee obligations for damages occurring after the passing of the risk by defective or negligent handling, excessive use, exposure other than those specified, or any other damage caused by improper use.

2.6.9. If the Consumer claims replacement due to the breakdown of the consumer good within three (3) working days from the purchase (installation), the Company shall replace the consumer good, provided that the defect prevents the proper use.

2.7. How to proceed with a guarantee claim?

2.7.1. In a contract between a Consumer and a Company, the agreement between the Parties shall not derogate from the provisions of the decree to the detriment of the consumer.

2.7.2. The Consumer shall prove the execution of the contract (by invoice or a receipt).

2.7.3. The costs related to complying with the warranty obligation shall be borne by the Company ( Civil Code, Section 6:166).

2.7.4. The Company shall draw up a report under Decree No. 19/2014 (IV. 29.) by the Ministry for National Economy, the about the warranty claim the Consumer communicated to the Company.

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

2.7.6. If the Company is unable to state the possibility to fulfil the warranty or guarantee claim of the Consumer at the time of its notification, , it shall contact the Consumer within 5 working days and respond in a verifiable manner; if the claim has been rejected, the response shall include the reasons and the Company shall inform the Consumer about the possibility to turn to the conciliatory body.

2.7.7. The Company shall retain the report for 3 years after its creation and make it available for the supervisory authority at request.

2.7.8. The Company shall seek to execute the repair or replacement within 15 days.

3. Rules of handling complaints

The aim of our Webshop is to fulfil all orders in a good quality and to the complete satisfaction of the customers. If the Consumer still has a complaint concerning the contract or its performance, it may be communicated over telephone, via e-mail or by mail.

An oral complaint shall be promptly investigated by the Company and remedied as necessary. If the customer disagrees with the handling of the complaint, or if it is not possible to investigate the complaint immediately, the Company shall promptly draw up minutes on his position and provide the customer with a copy thereof.

A written complaint shall be answered in writing within 30 days. If the Company rejects the claim, it shall state the reasons for doing so. The minutes drawn up on the complaint and a copy of the response shall be retained by the Company for five years and shall be presented to the supervisory authorities upon request.

Site of complaints handling: Cím: 1139 Budapest, Frangepán utca 55-57. In addition, the Company branches and the current opening hours are available on the Company’s website: https://www.unixauto.com/branches

Phone: +36-1-270-8701 Fax: +36-1-270-8799

Consumer may submit a complaint to the consumer protection authority: Under Gov. Decree no. 387/2016 (XII. 2.) on the designation of the consumer protection authority, the district office shall act at first instance or the district office according to the county seat, and Government Office for Pest County with national competence at the second instance. Contact details of the district offices: http://jarasinfo.gov.hu http://jarasinfo.gov.hu

In the event of a complaint, the Consumer may contact a conciliation body, please see the contact details here:

The conciliation body is responsible for the out-of-court settlement of consumer disputes. It is the duty of the conciliator to attempt to reach a settlement between the parties with a view to resolving a consumer dispute, and, if this is unsuccessful, to make a decision on the matter in order to ensure a simple, rapid, efficient and cost-effective enforcement of consumer rights. The conciliation body shall, at the request of the Consumer or the Company, advise the Consumer on his rights and obligations.

In the case of a cross-border consumer dispute relating to online sales or online service contracts, the Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry shall have jurisdiction.

The Consumer may recourse to the European online dispute resolution platform. The use of the platform requires a simple registration within the system of the European Commission by clicking here. Upon login, the consumer may submit a complaint via the online website at http://ec.europa.eu/odr.

The Company shall bear the obligation to cooperate in the proceedings of the conciliation body or court of arbitration. In this context, it shall send its response to the conciliator and ensure that a person authorized to enter into an agreement is present at the hearing. If the headquarters or the branch of the Company is not registered at county in which the chamber operating the competent conciliation body is situated, the Company’s obligation to cooperate shall extend to offering the possibility of a written settlement in accordance with the Consumer's claim.

If the Consumer does not recourse to the conciliation body or the procedure has been ineffective, the Consumer may go to the court in order to settle the dispute. The action shall be initiated by filing a claim containing the following information:

• the proceeding court;
• the names, domicile and legal position of the parties and the representatives of the parties;
• the right to be enforced, the representation of the facts on which it is based and the evidence thereof;
• the information based on which the jurisdiction and competence of the court can be established;
• an express request regarding the decision of the court. The application must be accompanied by the document referenced as evidence and a copy thereof.

4. Miscellaneous

By placing an order at the Webshop, customers declare that they have read and accepted these contracting terms and conditions and are aware of how to proceed with the order. To be able to place an order, the Consumer has to declare that it has read the GTC and has accepted them as binding.