A maximum number of four products can be compared at the same time.
AUCHAN ONLINE STORE
GENERAL TERMS AND CONDITIONS
Auchan Magyarország Kereskedelmi és Szolgáltató Kft.
2040 Budaörs, Sport u. 2-4.
Company Registry Number:
registered by the Budapest Environs Regional Court as Company Registry Court
+36 23 886 200
+36 23 886 299
Customer Service Location:
InfoCenter 2040 Budaörs, Sport u. 2-4.
+36 80 10-90-10
Web Hosting Provider:
Microsoft Ireland Operations, Ltd.
Carmenhall Road, Sandyford, Dublin 18, Ireland
hereinafter referred to as Auchan Magyarország Kft., or as Service provider.
The present General Terms and Conditions (hereinafter referred to as GTC) stipulate the conditions relating to the services offered to users via the online platform (hereinafter referred to as Auchan Online Store) operated by Auchan Magyarország Kft.
- Terms used in the Terms and Conditions
- Use of the Auchan Online Store
1. Accessing the Online Store
2. The process of shopping
B. Choosing products
C. Specifying delivery time
D. Posting of the order – entering the shipping and billing address
E. Loyalty card
F. Choice of payment method
a) Choosing to pay at receipt
(b) Online card payment
c) Payment via SimplePay
2.62.1 How to use SimplePay
2.62.2. Simple App
a) Simple account payment
b) QR code payment
c) Push message payment
III. Home Delivery
IV. Right of rescission
5.4. Warranty rights
VI. Commercial guarantee
VII. Complaint Handling, Enforcement Options
7.4. Online dispute resolution Contact of the Conciliation Body competent for the seat of the Service Provider
VIII. Other provisions
Annex 1 of the GTC of Auchan Hungary Ltd. Online Store
Model rescission declaration
Auchan Hungary Ltd. as a Service Provider's stores, where the right of rescission can be enforced at the Customer Service
Laws concerning or containing provisions concerning the content of the GTC
Annex 1 to the Government Decree 151/2003 (IX.22.) Durable goods covered by a compulsory guarantee in accordance with
I. Definitions used in the General Terms and Conditions
The terms and conditions relating to the use of the Online Store of Auchan Magyarország Kft, which are stipulated by the Service Provider unilaterally and in advance with the purpose of concluding a contract, and by the acceptance of which Users may engage the services offered in the Online Store. The General Terms and Conditions contain the conditions relating to using the Online Store, ordering products payment and the delivery thereof as well as detailed information about the rights of the consumers. The GTC currently in effect can be downloaded from the website of the Online Store from the Auchan Információk menu point that can be found at the bottom of the page.
Personal User Interface
Users may register on the www.online.auchan.hu website by providing a username and a password and afterwards by logging in with these data to access the platform where they can modify their personal data and track their orders, purchases and payments.
For the purposes of the present GTC any natural person who has reached the age of eighteen qualifies as consumer, who, pursuant to (1) 3 of Section 8:1 of the Act V of 2013 on the Civil Code is a natural person acting for purposes which are outside his/her trade, business or profession.
Conclusion of contract
Registration, selection of products and delivery time and the payment process performed electronically and in Hungarian language, pursuant to the terms and conditions asstipulated by the present GTC.
Service Provider ensures the purchase and the delivery of the products listed in the Online Store by Auchan Magyarország Kft.
Natural or legal person to whom Service provider issues the invoice indicating the purchased products and the price to be paid based on the contract concluded upon Customer’s engaging the services of the Online Store.
The Service Provider defines as a food product products of animal or plant origin intended or suitable for human consumption, which may be durable foods, fresh goods or frozen foods. In addition, beverages, such as mineral waters, soft drinks, fruit drinks, energy drinks and alcoholic beverages, as well as vitamins, nutritional supplements and chemical goods, are considered food products.
Non-food products in respect of this GTC are household small and large appliances, consumer electronics and other home appliances, kitchen and dining utensils, garden machinery and tools, seasonal furniture, toys.
Normal (small) package
Any package with a weight not exceeding 40 kgs.
A large package is any product weighing more than 40 kg, large household appliances (refrigerator, freezer, washing machine, tumble dryer, dishwasher, stove, built-in appliances), air conditioning, mattress, furniture, garden furniture, fitness machine, bicycle
II. How to use the Auchan Online Store
1.Entering the Online Store
1.1 If Consumers wish to engage the Online Store services, they need to enter the online.auchan.hu platform.
1.2 After entering the site, the Consumers will be able to browse the products offered in the Online Store. All products offered by Auchan Magyarország Kft. for the Consumers to buy electronically can be found on the platform.
ATTENTION! Some promotions available in Auchan Hungary Kft.'s stores (such as the addition of a gift product in addition to a specific quantity purchased, i.e. 1+1; 2+1; 3+1), are not currently available in the Online Store.
1.3 In the online store's offer interface, the Consumer is free to browse without registration, either by searching for a particular product or by selecting from among the product groups on the left side of the interface.
- The products are listed with their photo and the following information:
- name of the product
- product packing type (expressed as weight/mass of product or number of pieces)
- consumer price in Hungarian forints
- unit price (per piece, kilogram or litre).
PLEASE NOTE THAT PRICES IN THE ONLINE STORE MAY VARY FROM OUR TRADITIONAL STORE PRICES!
1.5 By clicking on the product, the Consumers may view more detailed information about the product. Click on the "Go to details" button to view product information for that product, check the store inventory (whether the product is available in the selected store), or see the consumer price of the product here.
1.6 All prices next to the products in the Online Store are in Hungarian forints and contain the VAT (gross price). However, the prices indicated do not contain other possible costs, such as the delivery fee.
1.8 On this platform the Consumers may log in, register, may provide their zip code and the name of place of delivery, furthermore the shopping cart where the selected products and the total price to be paid are indicated can be accessed, as well as the page showing delivery time slots. In order to reach these however it is necessary to register, or to enter following registry.
2.The process of shopping on the website
2.1. The Consumer must have a registration to place an order for the selected products.
At the Consumer's discretion, he/she can register with his/her Facebook or Google profile by clicking on the appropriate option.
If the Consumer wishes to register with his/her e-mail address, the Consumer must first enter his/her e-mail address (to which he/she receives notifications, the Service Provider sends to this address, amongst others, the confirmation of the order and the invoice), as well as a password consisting of letters and numbers with at least six digits and confirmation of it.
In order to proceed, the Consumer must accept the Data Protection Policy, which can be viewed by clicking on the "Data Protection Policy" link when accepting the terms or at the link at the bottom of the page – the latter can be viewed at any time, even without a separate registration in the footer of the page.
The second step is to provide the following information:
- full name (last name, first name (names), possible prefixes (junior, senior, Dr., özv [widow].)
- the previously entered e-mail address will automatically appear here
- phone number – the number at which the Consumer can be reached.
2.3. If the Consumer already has a Loyalty Card (Bizalomkártya) or an Auchan card (which is a credit card issued by ONEY Kft. and includes the Loyalty Card function), here he/she can select which one he/she wants to use to collect points and must enter the card number.
2.4. If the Consumer starts the purchase process by registering, he/she will not lose the contents of his/her basket after closing the browser, so that when he/she reopens the online store page, he/she will be able to continue his purchase.
2.5. An additional condition for online registration is that the Consumer also learns about and accepts the Provider's current General Terms and Conditions and Data Protection Policy.
2.6. If the Consumer has any questions about the GTC during the purchase process, he/she can find information on the Frequently Asked Questions page (www.online.auchan.hu/GYIK) or ask the Service Provider's InfoCenter (+36 (80) 10-90-10 or email@example.com email).
2.7. The Consumer is responsible for the accuracy and verity of the information provided. If all mandatory data have been filled in, the next step in registration is for the Consumer to verify the data provided by him/her. Auchan Magyarország Kft. checks only the form of the mandatory data, meaning whether all mandatory data are provided.
2.8. In order to finalize the registration, the Service Provider sends a link to the e-mail address provided by the Consumer, which the Consumer must click on, thus validiating the registration.
2.9. Once the registration is complete, the order can be finalised. The information entered will be retained in the same form, including the contents of the basket, as well as the shipping and billing address.
2.10. Registration information can be changed at any time under the menu item "My settings". If the Consumer forgets his/her password, he/she may ask for a new password with his/her registered e-mail address.
2.11. The registration can be cancelled at any time, in which case the Data of the Consumer will be deleted by the Service Provider. The pending orders are thus also cancelled, but the invoice data will be retained at the Service Provider by the legal deadline, in accordance with the accounting and tax legislation.
- Selecting the products
2.12. Products may be selected by searching for a particular product using the "Search Engine" or even by selecting from among the product groups on the left side of the surface. Whichever method is selected, the result will be a list of products that either meet the same search criteria or contain products in the same product category (e.g. discount products or e.g. dairy products).
2.13. The product list includes a field next to the product to fill in the quantity you want to order, and a button labeled "cart" that the product will be placed in the basket by clicking on.
2.14. If more product information is required in the decision on the product, clicking on the product name will display the product page where this information is available. In addition, for some products, it is possible to play a short video showing the product by clicking on the image and accepting related cookies.
2.15. The product page also contains the "Basket" button and the quantity selection field, and the product can also be placed in a "Basket" here.
2.16.Only in the case of "Non-food" products, the earliest delivery date appears on the product sheet.
2.17. The contents of the basket can be viewed and the products in the basket can be deleted by dragging the mouse to the Basket icon in the header of the page. To access the end page of the basket, click the basket in the header.
2.18. Depending on the products placed in the basket, up to two baskets will be created.
The first 'Basket with Auchan transport' contains food products which are delivered within Budapest and Budapest area (see point D). The contents of this basket are delivered by Auchan Hungary Ltd’s. own delivery service.
From 21 July 2020, the so-called Durable Goods (TFC) products, such as dry goods, canned goods, perfumes and chemical products can be ordered nationwide. TFC products are delivered either by the Service Provider or by the Small Package Supplier.
The second basket named "Basket with courier delivery" contains non-food or TFC products, the delivery area of which is all municipalities in Hungary with zip codes, and the delivery of this basket is done with the involvement of an external courier service.
2.19. By clicking on the drop-down menu in the box next to the display of the product or by typing the quantity, the quantity of the product to be ordered can be changed, the Consumer selects the product by filling it in.
2.20. The contents of the Basket are updated by selecting another product.
2.21. The contents of the Basket, i.e. the order, can be changed based on the quantities of products that can be selected from the drop-down menu, for example due to incorrect quantity, or if an incorrect product is selected, it can be deleted by clicking on the appropriate "x" button. The modification and cancellation of the order in the case of own Auchan transport is possible as long as the order is in the "open" status, i.e. the basket for delivery does not reach the preparation phase. This process. will be activated the day before delivery at 19:00 h.
ATTENTION! As orders of TFC and non-food products delivered nationwide by external courier are closed immediately after the order has been placed, the order cannot be changed. The order can only be cancelled by calling the InfoCenter until the preparation of the order has not begun. If this is not done, the Service Provider fulfills the order, the Consumer can then decide at receipt of the order if he/she wants to accept the delivery.
2.22. ONLY FOR FOOD PRODUCTS: if the selected product includes a "Substitute product" field below, the Consumer has the possibility to indicate a product that, in the absence of the product originally selected, can be delivered by the Service Provider's delivery agent, hereinafter referred to as the Delivery agent.
In the case of TFC and non-food products, it is not possible to mark a substitute product.
2.23. Given that there may be a discrepancy between the condition at the time of ordering and the offer available on the day of delivery, it is worth marking a replacement product. If the Consumer does not designate a replacement product, Auchan Hungary Kft. is entitled to offer such a product at the time of delivery, which the Consumer is not obliged to accept, he/she may refuse.
ATTENTION! If there is a substitute product, the price of this may be blocked by Auchan Hungary Ltd. in the Consumer's bank account. This lock shall remain in place until the Consumer has paid for or refused the product at delivery.
2.24. Regardless of the date of the selected delivery, the Consumer always pays the price at the time of ordering, i.e. any change in the price (e.g. the closure of the sale) does not affect the price of the ordered product after the order. If the Consumer amends the order in question, the current price will apply to the modified products at the time of the change of order. The price of products that the Consumer does not modify in the order remains unchanged at the original order price.
2.25. If the Consumer has selected the products he intends to purchase, has placed them in the Basket and does not wish to select any more products, he/she will proceed by clicking on the "Order" button.
2.26 In certain product categories (e.g. mineral waters), the Service Provider determines the maximum quantity by weight in the product category that a Consumer can order. In this case, it is not possible to order in one order from the products above the total weight indicated in the Auchan Online Store.
2.27. From 11 March 2019, for orders weighing more than 500 kg, the Service Provider will charge a weight charge of HUF 1,000 – HUF 1,000 – for each 500 kg started.
C. Setting the time of home delivery
2.28. The delivery date is specified differently and in time capsules for "Food" and "Non-food" and TFC products.
2.29. For the delivery time, it is necessary to enter the delivery post code, which can be easily done on the top menu on the page. The zip code given here also applies to "Food" and "Non-Food" products.
2.30. In the case of food products, after logging in, the Consumer may choose one of the following options to mark the date within which he/she requests the delivery of the products of his/her choice by the Service Provider:
- two hour interval,
- five hour interval,
- daily period.
The Delivery agent shall inform the Consumer of the delivery time within the daily period in the manner indicated by him/her.
To select the time, under "When would you like to receive it?" you must click on the "I select the time" button, or you can select the appropriate time in the delivery time window in the bar below the header before the purchase process begins.
The form displays all the times within which delvery can be requested in green fields. The time slot can be asked for a period of two (2) weeks from the date of ordering.
The fields also include a delivery fee that varies according to the time slots - the difference varies based on the distance and the popularity of the time.
ATTENTION! As of April 25, 2020, the Service Provider introduces a fixed fee for orders below HUF 10,000. This is provided at the top of the screen. On the time selection page, you can see the prices of orders over HUF 10,000, which will be changed by finalizing the order. If the contents of the basket are less than HUF 10,000, the current fixed fee will be charged. On the basket page you can see the exact price of the delivery of the order.
Only dates and delivery charges that appear on the screen are available, and no derogation is possible. Appointments that are no longer available are listed as "full."
The selected time slot can be accepted by clicking on the "Select" button, at which point the page from which the Consumer started selecting the time window will be displayed again.
2.31. In the case of non-food products, delivery dates are indicated on the product sheet of each product. In addition, the information about the fixed delivery time in the basket is the goerning one.
ATTENTION! In the case of certain large or heavyweight non-food products, as well as the distance or more difficult availability of delivery addresses, the Service Provider charges a specific delivery fee. The delivery fee is not displayed on the product page of the product, but is calculated during the payment process and the fee is displayed before the order is finalised.
D. Entering the order, posting- shipping and billing address
2.32. If the Consumer has started shopping in the Online Store but has not yet signed in, he/she can do so here, and the contents of his/her basket will remain unchanged.
2.33. Non-food or TFC products can be ordered nationally from 21 July 2020, but fresh, chilled or frozen food products are currently only available in Budapest and in Pest county localities that are included in the list of home delivery addresses.
The Service Provider reserves the right to modify the delivery districts or addresses, which it informs the Consumers about.
2.34. The area can be specified at any time in the purchase process, but a time window can only be booked after this information has been provided. The Consumer can enter the delivery location information by zip code, by clicking on the button on the supply pages of the Online Store. If he/she wants to specify the delivery area at the end of the purchase process, clicking on the "Order" button and then on the"Where do you want your package?" menu, the delivery address information sheet is available. Here the name and address to which he/she requests the delivery of the selected product may be given.
2.35. If "Food" and "Non-Food/TFC" products are ordered, payment, billing and delivery data shall be provided separately for the two orders.
ATTENTION! After 21 July 2020, the Service Provider may fulfill non-food orders from two locations, Üllő and Törökbálint respectively. Some products may only be in stock at one of the locations, so the order is sometimes delivered from two locations by the Service Provider. In such a case, during the ordering process, non-food products in the Basket are divided into two subsections - a section "Central warehouse" and a section "Törökbálinti site". The acceptance of the contents of the Basket, the proceeding, the payment and e-mail confirmation work in the same way, the Consumer must go through the ordering process only once. However, in the case of such two-part orders, the Service Provider delivers the order in two instalments with two on-account invoices.
2.36. If you have already completed the postcode and the municipality on the main page, the delivery area will be automatically displayed here and only the exact delivery address must be entered or selected if a delivery address has not already been recorded.
2.37. All data must be filled in on the data sheet, except for the newsletter subscription, which is a field to be filled in on a voluntary basis.
2.38. The datasheet default is set so that the billing address is the same as the address specified for delivery. If the two are different, the Consumer should make sure that the billing address is filled in separately when entering the delivery address.
2.39. It is possible to provide a company billing address, but products purchased under the company name may be subject to different rules, which are indicated separately in this GTC (e.g. consumer rights, credit/redemption of Loyalty Points, conciliation body remedies).
2.40. Receipt at store pickup points in the case of food products
The Consumer also has the opportunity to choose from several stores where he can pick up his or her online ordered product at the time of his/her choice. These store pick-up points are included in the list of postal codes that can be marked. Orders can be received at these points during the period of store opening hours, if the store is closed due to a public holiday, the receipt cannot be selected.
This option is not available for non-food products.
2.41. If all the data has been filled in, you can proceed by clicking on the "I'm done" button. It is still possible to change the order by going back to the cart by 19:00 hours the day before delivery.
E. Loyalty Card (Bizalomkártya)
2.42. Before selecting the payment method, the Consumer may indicate whether he/she owns a Loyaltyt Card issued by Auchan Magyarország Kft, or an Auchan card that includes the Loyalty Card, or the Business Loyaltyst Card that legal entities can use herinafter collectively referred to as the Loyalty Card. If so, the Consumers are entitled to collect points for all the shopping they do in accordance with the Loyalty Card regulation in effect (https://bizalomkartya.auchan.hu/szabalyok - General terms and conditions for participation). To this end, the Consumer needs to give his/her Loyalty Card’s 10-digit ID during the registration process, or in the “My settings” menu.
2.43.The Consumer accepts that if the Loyalty Card is used for collecting points, Auchan Magyarország Kft can issue an invoice only to the name registered for the Loyalty Card. Therefore, if the Consumer gives the number of his/her own Loyalty Card, but requests the invoice to be issued to a third party, the Service provider can only issue the invoice to the Consumer who holds the card, and the points for the shopping will be credited on the given Card.
2.44. Similarly, if the Consumer gives the name of a legal person for the billing data, and requests that the invoice be issued to this legal person, the Consumer understands and agrees that Loyalty Points offered for the shopping will be credited on the Consumer’s Loyalty Card only. If the Consumer has a Business Loyalty Card, he/she can enter its number and the invoice will be issued in the name of that legal entity.
2.45. The Consumer may use the Loyalty Card upon receipt of the delivered goods, but understands and agrees that in this case Loyalty points will be credited on this card, and futhermore that the Consumer may not use points from other cards.
F. Selecting the payment method
2.46. The Consumer can select on the “Submit order” site when he/she would like to pay. The Service provider does not charge the Consumers for payment, ie. payment is free of charge.
2.47. The following payment methods can be chosen in case of Food products:
a) Payment upon receipt of delivery (to the Delivery agent) by the following cards
- credit or debit cards (Visa, Mastercard, Maestro, American Express, Electron)
- Auchan card.
In such cases the Consumer chooses to pay the price of the ordered items on delivery.
The advantage of paying on delivery is that the Consumer only pays for the ordered (or substitute) and received products to the Delivery agent.
b) Online payment (when placing the order) by the following cards
- credit or debit cards (Visa, Mastercard, Maestro, American Express, Electron)
- by SimplePay internet service or mobile app,
- Auchan card.
In this case the Consumer chooses to pay for the ordered products in advance, when the order is placed.
ATTENTION! This payment method may be changed by the Consumer to cash payment after payment (see point a). In this case, the amount blocked at the time of payment shall be released by the Consumer's financial institution after a period determined by him and the Consumer shall pay only on receipt of the delivered goods.
2.47.1. In the case of non-food products, m the following payment options can be chosen upon receipt:
- credit or debit cards (Visa, Mastercard, Maestro, American Express, Electron)
- by SimplePay internet service or mobile app,
- in cash to the Delivery agent.
2.48. In order to further increase the security of online card acceptance, OTP Bank has introduced the Verified by Visa/MasterCard Secure Code (VbV/MSC) service. This means that the issuing bank provides an extra identification opportunity for the cardholder which is verified during the transaction and thus the identity of the cardholder is confirmed beyond doubt.
If the VbV/MSC service is not available at the issuing bank or the Consumer did not engage this service, the payment process remains unchanged.
2.49. The Online Store then redirects the Consumer to the site of SimplePay, where he/she give his/her card data (card number, expiry date, verification code) and the payment for the purchased goods/services is performed.
If the VbV/MSC service is available at the card issuing bank and Consumer engages this service, the payment process will change as follows.
The Consumer still has to provide this/her card data (card number, expiry date, verification code) on the platform of SimplePay. After that, however, the Bank automatically redirects the Consumer to the site of the card issuing bank, where the Consumer has to perform the identification process.
Following a successful identification, the transaction continues. The Consumer will be notified of the successful identification and will be redirected to the platform of the Online Store. If the identification process fails, the transaction cannot be completed.
2.50. The Consumer accepts and understands that paying in cash upon delivery of food products is not possible, and such option cannot be selected. This option is only available for non-food products.
2.51. The Consumer shall always pay the price that was in effect at the time when the purchase order was completed. Therefore, if the price is modified following the completion of the order, it will not affect the price to be paid, except if the Consumer later modifies the quantity of the given product. In this case the date of the modification counts as the date of the order and the price in effect at the time of the modification is to be paid. The price to be paid is shown upon your confirmation of the basket content.
2.52. After selecting the payment method, the Consumer must click on the button “I accept the conditions of use” then he/she can proceed by clicking on the “Placing order” field.
2.53. Upon placing the order, the Consumer acknowledges that by the online payment or – when selecting the payment upon delivery option – by declaring his/her intent to pay later, the Consumer and Service provider enter into an agreement, and the conclusion of this agreement entails an obligation for the Consumer to make a payment to Service provider.
a) Selecting the payment on delivery option
2.54. If the Consumer selects to pay upon receipt to the Delivery agent, then his/her order will be finalised and Parties conclude their contract when the Consumer accepts the delivered goods and pays the price of the received products by bank card or in cash (in case of non-food products).
2.55. In case of food products, the Delivery agent hands over to the Consumer the delivery note containing the list of ordered and delivered products and calls the Consumer’s attention to products that the Consumer ordered but were out of stock at the time of delivery, and therefore have not been delivered or for which a substitute product has been delivered.
2.56. In such cases the Consumer is entitled to choose between receipt and paying for the delivered products and quantities or refusing to accept the substitute products. the Consumer is entitled to refuse to accept the substitute product even if he/she accepted it in the Online Store when placing the order.
2.57. Once the Consumer has finalised the list of products he/she would like to accept and pay for, the Delivery agent finalises the delivery and starts the payment process. In order to execute payment, the Consumer hands over his/her card to the Delivery agent, who then initiates the process, or, if the Consumer has a contactless card (Paypass), he/she can personally place it to the terminal held by the Delivery agent.
2.58. Cards that can be used for payment: Mastercard, VISA, Maestro, American Express, Electron.
2.59. The Delivery agent issues an e-invoice of the payment.
ATTENTION! If the Consumer chooses this method of payment and it is found at the time of delivery that a person under epidemiological surveillance is present on the basis of an official indication at the address, the delivery agent member shall refuse to hand over the ordered goods.
b) Online payment by card
By selecting this method, the Consumer is redirected from the site of Service provider to the site of Simple Pay and performs the payment process on this site.
ATTENTION! In order to comply and conformly with the official regulations in force, our employees may hand over orders without contact at a location or address where an epidemiological surveillance is carried out on the basis of the official indication placed.
Therefore, in such a case, "I request a contactless delivery" should be entered in the comment box!
Otherwise, the Consumer can decide whether to request a contactless transfer, but entering "I request a contactless delivery in the comment box is still mandatory!
In both cases, only online pre-payment can be selected, in case of payment at delivery contactless delivery cannot be provided.
If the Consumer does not indicate his/her request and it is found at the time of delivery that a person under epidemiological surveillance is present at the address on the basis of an official indication, the delivery agent shall refuse the delivery.
2.60. The primary condition of online payment is that the card used by the Consumer must be fit for the purpose, that is, the issuing institute must issue it as a card enabling online payment. Furthermore the card must be valid at the time of time of delivery/receipt as specified by the Consumer. The online payment system verifies the card’s expiry date and rejects all cards that fail to meet the above requirements.
2.61. The Consumer must provide the following data of the card he/she intends to use for the payment:
- Name of issuing bank
- card number
- name of card holder
- expiry date of card (valid thru)
- the 3-digit CVC (Card Verification Code) on the back of the card
Auchan Magyarország does not store the data provided during the payment process; the data is managed by the relevant payment service provider, and the data protection regulations of the financial service providers apply to such data.
The Consumer has to confirm the provided data and then he/she is redirected to the site of the Online Store. Upon payment the bank places a preauthorization hold on the amount, but it does not yet deduct the amount from the Consumer’s balance. The amount will be deducted only upon the Consumer’s acceptance of the products from the Delivery agent.
If the Consumer modifies the order, the difference between the amount of the previous order and the amount of the modified order will also be blocked in his/her card account. The Consumer will receive an e-mail notification of this.
If the Service Provider can only deliver a replacement product instead of the ordered product, the price of which is higher than the one ordered, the difference will be blocked on the Consumer’s bank account and the Consumer will receive a technical e-mail message about the blocking after the order has been made. If the replacement product is cheaper, the Consumer will not receive an email message.
If the Consumer takes over the ordered goods together with the cheaper substitute product, or if he(/she does not accept the substitute product, he/she will pay the reduced price and the blocked difference will be released by the Consumer’s financial institution.
c) Payment via the SimplePay system
2.62. From 5 November 2020, the Service Provider provides the Consumer with the opportunity to pay by logging into the SimplePay system operated by OTP Mobile Limited Liability Company, hereinafter referred to as OTP Mobil Kft. (1143 Budapest, Hungária krt. 17-19.; company registration no. 01-09-174466).
In this case, the card data (card number, expiration date, CVV code, name on the credit card) is saved on the SimplePay interface of OTP Mobil Kft. and OTP Mobil Kft. stores the card data in a secure environment in accordance with the PCI DSS (Payment Card Industry Data Security Standard), i.e. the certificate guaranteeing the security of online payments and the reliability of commercial activity.
2.62.1 Payment is made on the SimplePay website. The Consumer acknowledges in the Data Protection Policy that if he/she wishes to pay with the SimplePay system/app, the Service Provider as the data controller will transfer the personal data (name, address, e-mail address) stored in the Auchan Online Store system to OTP Mobil Kft. as a data processor.
2.62.2 The Consumer is not charged an additional fee in connection with the use of the SimplePay Service of OTP Mobil Kft.
2.62.3 The Service Provider does not have access to the card details for security reasons and in accordance with card company regulations. The Service Provider receives a coded identifier (token) which is used for online payments made during subsequent purchases.
The Service Provider does not record or store credit card data!
2.62.4 The procedure of use of the SimplePay service
a) The Consumer places an order on the Service Provider's online interface.
b) The Consumer then proceeds by clicking on the "Payment" button to the SimplePay system page of the secure online payment platform operated by OTP Mobil Kft.
c) The Consumer provides his/her card details in the SimplePay interface, the correctness of which shall be verified. Card information is provided directly in the banking system, the Service Provider does not see, store or access this data.
d) Once the data have been completed and approved, the transaction will be processed in the banking processing systems.
e) At the end of the payment, the system automatically directs the Consumer back to the Provider's online store.
f) The Consumer will also receive an e-mail notification from SimplePay about the outcome of the payment.
2.62.5. If the Consumer saves the card details for subsequent payment during the payment process, such card data will also be stored directly in the banking system.
ATTENTION! In the case of Maestro and Visa Electron cards, the issuing bank determines the use of the card on the Internet. SimplePay is able to accept these cards if authorised by the issuing bank.
2.62.6 Simple Application
If the Consumer is registered in the Simple application, then he/she can also pay with his/her Simple app card registered and stored in the Simple App, using one of the following methods:
- Simple account payment, which is the service available in the Simple App by which the Consumer can pay for the purchase by using a credit card registered in the Simple App on the Payment Interface of SimplePay.
Simple account payment can be started by the Consumer from the SimplePay payment platform by clicking on the Payment with Simple account button.
The SimplePay payment interface then displays the interface for accessing the Simple App, where the Consumer can sign in to the Simple App with a Facebook account, Google account or by entering an email and password. After logging in, the Customer enters the Simple App and selects from among the credit cards registered and stored there the one with which he/she wishes to pay, and then returns to the Payment Interface of SimplePay, where he/she makes the payment with the selected credit card.
- QR code payment, which is the service available in the Simple App, by which the Consumer can pay the purchase in the SimplePay payment interface with his or her Simple app registered credit card. The Consumer can start a QR code payment from the SimplePay payment platform by clicking on the QR code payment button.
A QR code will then appear on the SimplePay payment interface, which the Consumer can scan in the Simple App by clicking on the Simple App's QR payment button. After scanning the QR code, the Simple app displays to the Consumer the credit cards registered and stored in the Simple App, from which the Consumer selects the one with which he wishes to pay on the SimplePay payment platform; payment will then be made with the selected credit card.
- Push payment, which is the service available in the Simple App that allows the Consumer to pay for the purchase using his/her SimplePay payment platform using his Simple app-registered credit card.
In the case of push payment, the Consumer enters his/her Simple app account by a message sent by Simple automatically or by the request of the Consumer and selects the credit card registered and stored in the Simple App that he/she will use for payment.
If the Consumer has activated automatic push messaging in the Simple App, Simple will automatically send a push message to the Consumer based on the email address provided by the Service Provider to SimplePay, and if the email address provided by the Service provider matches the email address registered in the Simple App, the Consumer will automatically receive the push message. If, for any reason, the Service Provider does not provide Simple with the Consumer's email address, the automatic push payment service will not work.
If the Consumer has not turned on automatic push messaging in the Simple App, he/she will enter the email address registered in the Simple App by clicking on the QR code payment button in the SimplePay payment interface, then by clicking on the push button will receivie the push message.
2.62.7 More information about online payment using SimplePay, can be found at the website www.simplepay.hu site. The nature and purpose of the processing activity carried out in relation to the personal data transferred to the processor in accordance with point 2.62.1 (b) is detailed in the SimplePay Data Management Notice at the following link: http://simplepay.hu/vasarlo-aff.
2.64 Auchan Hungary Kft., as a Service Provider, does not block amounts, the blocking and relasing of amounts is done exclusively by the Consumer's card-issueing financial institution.
Auchan Hungary Kft., as a Service Provider, declares that after receipt and payment of the paid products, an automatic message about the transaction will be sent to the financial institution in charge of the account of the card used by the Consumer, however the blocking will be released by the financial institution according to its own notice. For this reason, Auchan Hungary Kft. is not responsible for the duration of the release of the blocked amount, and the Consumer must contact his/her own financial institution with a complaint about this.
2.65. If, following payment, but before receiving the ordered goods the Consumer
- cancels his/her order
- or terminnates the contract
- or ultimately does not accept receipt of the products,
- or the receipt fails and he/she does not provide a new date,
- furthermore if the Service Provider is unable to deliver the ordered product,
then the amount blocked in accordance with the previous paragraph will be released after the period specified in the relevant financial institution's respective notice, Auchan Hungary Ltd. shalll bear no liability for this.
2.66. In the case of an order paid online through SimplePay or via Simplepay mobile app, the refund will be made through SimplePay to the Consumer's card used for payment.
2.67. When paying online, the delivery date cannot be changed to a date beyond 14 days from the original order date.
2.66. Following the payment process, an authenticated electronic invoice will be sent to the Consumer’s email address provided during the registration. The invoice contains only the items the Consumer accepted at delivery and the amount actually paid upon delivery. The image of the electronic invoice is always available from the Consumer’s user profile in the „My previous orders” menu.
2.67. Based on the settings of the Consumer's e-mail interface and the rules of the e-mail provider, the e-mail containing the invoice may be placed in the "Spam" folder rather than in the inbox, so if the Consumer does not receive the invoice after purchase, he/she should check this folder.
2.68. ATTENTION! Due to technical reasons, temporary shutdown, a non-electronic invoice may be issued instead of an electronic invoice, which complies with the relevant legal requirements in all cases and which will be sent by post by the Service Provider.
III. Home delivery
Attention! If, at the time of delivery, it is found that a person under epidemiological surveillance on the basis of an official indication is present at the address and the Consumer had not previously entered the appropriate "I request a contactless transfer" note in the Comment field indicating this mode of receipt, the Delivery agent shall refuse the delvery of the products.
3.1. The Service Provider delivers food products using its own vehicles with the Auchan logo, only to addresses within Budapest and in Budapest region as indicated on the internet site or to the chosen store. Delivery of TFC products is also possible if the delivery address is in the same area as that to which the Service Provider delivers, or the quantity of ordered products can be delivered along with the food products.
3.2. The Service Provider delivers Non-food and TFC products throughout Hungary, for which it applies the services of three Delivery agents being GLS General Logistics Systems Hungary Csomag – Logisztikai Kft. (GLS), 2351 Alsónémedi, Európa u. 2., for normal and small packages, and for large products G.E. Logisztika Kft. Home Delivery Team (HDT), 1116 Budapest, Hunyadi János út 162., továbbá a KUMI Logisztika Kft., 2724 Újlengyel, Határ u. 12. are the delivery agents – Delivery agents – proceding in the name of and on behalf of the Service Provider.
ATTENTION! If the order includes food, and TFC and/or non-food products, the Service Provider may carry out the service from different locations with different Delivery agents and orders will be subject to separate fees.
3.3. The Service Provider always attempts to be able to specify a shorter and more accurate period within the time-slot requested, or, in case of non-food products, forward the order to the Delivery agent as soon as possible. In the case of non-food products, HDT may deliver the ordered products one day before or one day later than the date chosen by the Consumer, between 07:00 and 19:00 hours. The Consumer will be notified in advance of the exact time. The Service Provider is currently unable to provide confirmation of the duration of the two hours at the time of ordering.
GLS undertakes to deliver the product between 8 a.m. and 5 p.m. within 1-2 business days of taking the order.
KUMI Logistics Ltd. delivers the ordered products within 2-3 working days.
The Delivery agents will pre-schedule delivery times with the Consumer and notify him/her by e-mail of the intra-day time gate on the delivery date when the package is expected to be delivered
3.4. If within the given time-slot Service Provider reasonably believes that the home delivery will be delayed, the Delivery team of the Service Provider shall inform the Consumer via phone or text message (if a mobile phone number is provided) of the delay and the new estimated time of the delivery, whilst the further Delivery agents shall use their best efforts to inform the Consumer.
3.5. It is the Consumer’s obligation to make sure that he/she or any other person who can and will accept the products will be present at the address and time specified for the delivery. The Consumer understands and accepts that only a person who has reached the age of 18 is entitled to accept the products for and on behalf of the Consumer at the delivery destination. If in doubt, the Delivery agent may request the person accepting the delivery to certify their age (with an ID card, Student ID, passport or driving licence).
- If the Consumer does not pay the price of the ordered products in advance, and the person accepting the products has not yet reached the age of 18, or is unable to certify his/her age with the necessary documents, the Delivery agent is obliged to refuse to hand over the ordered product(s).
- If the ordered products contain any item with alcoholic content, the Delivery agent is obliged to refuse to hand over the products, even if the price of the products has been paid in advance.
- When the ordered products have been paid for in advance, the Delivery agent is still obliged to refuse to hand over the delivery to any person who has not yet reached the age of 18, even if the delivery contains a substitute product(s) instead of the ordered item(s).
- The Delivery agent shall make a report of the refusal to hand over the delivery.
3.7. If the Consumer is personally present at the time of the delivery, he/she is obliged to ensure that all ordered items are delivered in the right quantity and, on visual inspection, in the right quality. If any objection is raised to the performance of the delivery, or if the Consumer does not wish to maintain the order or wishes to modify it, then he/she is entitled to refuse to accept the objected product or the full quantity thereof or the Consumer is entitled to cancel the ordered product not later than the delivery time, before commencing the payment process.
3.8. If the Consumer is not present at the time of the delivery, however ulteriorly doesn’t want the purchased product(s), then he/she is entitled to exercise his/her right of rescission in accordance with chapter IV. of the present GTC.
3.9. If the originally ordered product is not available at the time of delivery, then the Delivery agent delivers the substitute product selected by the Consumer. If no substitute product is selected, then the Service provider informs the Consumer that the ordered item cannot be delivered or offers a substitute product. In thois case the Delivery agent delivers the substitute product separated from the ordered products.
3.10. If the price of the substitute product is higher than the price of the ordered product, then in the case of online prepayment, this amount shall be blocked by the Consumer's account-holding financial institution in accordance with point 2.53. In the event of payment by card on delivery, the Consumer must pay the difference by credit card to the Delivery Agent. If the price of the substitute product is lower, the Consumer's financial institution shall unblock the prevoiusly blocked ampount and simultaneously charge the Consumer's bank account the amount actually paid.
3.11. The Delivery agent delivers the ordered product to the Consumer unopened, without damage, with instructions for use and a guarantee card. Only in the case of large-scale durable goods, if requested by the Consumer, the Product shall be opened by HDT and placed in the room requested by the Consumer or - with the exception of built-in household appliances -, in the place of its use. However, The Delivery agent may refuse to place it at its destination if circumstances or location do not allow it. At the request of the Consumer or the person accepting the product on his behalf, HDT shall open the consignment in the Consumer’s/person’s presence and ask the Consumer to verify the integrity of the product and sign the report on its integrity. If the Consumer expressly requests that the packaging not be opened by the Delivery agent, this shall also be recorded and signed by the Consumer. If the packaging is intact, however it becomes apparent after the unpacking that the product is damaged, a report for such cases shall be made and signed by the Delivery agent, to be also signed by the Consumer.
3.12. In case of card payments, the products delivered may only be paid for by the cards and application listed in point 2.47.
3.13. If the Consumer has made a request to do so at the time of ordering, HDT will take away the Consumer's previous household appliance of the same purpose as the ordered one at the end of the delivery. It also takes away the packaging material of the new product upon request.
IV.Right of rescission
4.1. The Consumer is entitled to rescind from the contract within 14 days following receipt of the products, i.e. the Consumer may terminate the contract unilaterally with retroactive effect.
The Consumer is entitled to assert his/her right of rescission also in the period between the day of entering into the contract and the day of receipt of the products.
4.2. In the event of the Consumer’s rescission, the purchase price and other costs arising in connection with the performance of the contract are to be refunded to the Consumer.
4.3. In the case of food products, if the Consumer wishes to assert his/her right of rescission, he/she needs to visit any Auchan store with his/her express declaration of intent to rescide from the contract and with the e-invoice issued upon payment (the list of Auchan stores is available in Annex 2 of the present GTC). The Customer Service of the given store shall, on the basis of the intention of rescission, take back the product(s) with the exceptions referred to in point 4.6 and refund the purchase price and other costs paid by the Consumer.For this purpose the Consumer may use the sample document of rescission found in Annex 1 of the present GTC.
4.4 . In the case of non-food products, if the Consumer wishes to make use of his right of rescission, he/she is obliged to send his/her clear declaration of rescission (see Annex 1 - Declaration of Rescission) either by post to Auchan Hungary Kft., 2040 Budaörs, Sport u. 2-4. addressed to the E-commerce and Digitization department, or by electronic mail to firstname.lastname@example.org .
4.5. The right of rescission shall be regarded as having been exercised within the deadline, if the Consumer sends his statement of rescission before the expiry of the designated deadline limit. The Consumer shall be responsible for proving that he/she has exercised his/her right of rescission in accordance with the foregoing. In the case of a statement of rescission sent by post, the Service Provider takes into account the date of dispatch, while in the case of a rescission sent by e-mail, the date of receipt of the Service Provider is the decisive one.
- Unless Parties otherwise agree, Customer shall not be entitled to exercise the right of rescission
- in the case of perishable products or products with short shelf-life,
- in the case of products in sealed packaging which may not be returned after having been opened due to hygienic or health protection reasons (eg. toothbrush, cosmetics, creams, deodorants, elctronic toothbrush and accessory brushes, men and womenraisors, epilators etc.),
- in respect of the sale of sealed-packed sound or image recordings and copies of computer software, if the Consumer has opened the packaging after delivery.
4.7. In the case of non-food products, after receiving the Consumer's statement of rescission, the Service Provider shall immediately forward the claim to the relevant Delvery agent, who will contact the Consumer on behalf of the Service Provider about the date of return of the product. In the case of small products, the Consumer may also exercise his/her right of resacission by taking the product back to the Customer Service of any Auchan store listed in the Annex to this TSA. In this case, it is not necessary to send the statement of rescission to the Service Provider earlier, the statement can also be filled in at the Customer Service.
4.8. On the basis of the statement of rescission the Service Provider takes back the product and refunds the purchase price.
4.9. Upon refunding the purchase price to the Consumer due to the Consumer’s rescission, the Service provider is entitled to deduce from the Consumer’s Loyalty card the number of points corresponding to the refunded amount.
Specific rules for non-food products: warranty and commercial guarantee
5.1. According to the general rule of Section 6:157 of the Civil Code, the performance of the Service Provider as an obligor is not in compliance with the quality requirements laid down in the contract or stipulated by law.
5.2 The Service provider is not liable for any lack of conformity if, at the time of the conclusion of the contract, the Consumer as an obligee knew or should have known the lack of conformity.
5.3. In connection with contracts that involve the Consumer and the Service provider, in the absence of proof to the contrary, any lack of conformity detected by the Consumer within six months of the date of performance shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. This means that in the first six months the Service Provider must prove that the goods sold to the Consumer at the time of delivery met the quality requirements laid down in the contract or legislation. However, after six months, it is up to the Consumer to prove that the product was defective.
5.4. Warranty rights
The Service Provider is liable for defects in the product already existing at the time of purchase, but due to hidden reasons that are not recognized or recognizable.
5.5. On the basis of warranty rights, the Consumer shall have the option:
- to choose either repair
- or replacement,
- to ask for a commensurate reduction,
- or to withdraw from the contract (rescission).
● The Consumer primarily myay request either repair or replacement, unless compliance with the
chosen warranty right is impossible or it results in disproportionate expenses on the part of the obligor as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to the obligee upon compliance with the warranty right; or
● may ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the obligor’s expense, or to withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions of the law, or if repair or replacement no longer serves the obligee’s interest.request.
5.6. Withdrawal from the contract is not allowed if the lack of conformity is minor.
5.7. Any repair or replacement shall be completed by the Service Provider within a reasonable time and without any significant inconvenience to the Consumer, taking account of the nature of the goods and the purpose for which the Consumer required the product.
5.8. The Consumer shall be entitled to switch from the warranty right he/she has selected to another. The cost of switch-over shall be covered by the Consumer, unless it was made necessary by the Service Provider’s conduct or the switch was justified by any other reason.
5.9. The Service provider is essentially responsible for the costs of fulfilling the warranty obligation. However, the cost is shared between the parties if the failure of the product may have been due to the failure of the Consumer's maintenance obligation, that is if he had knowledge of the maintenance of the product or if the Service Provider complied with his obligation to provide information in this regard, i.e. he provided the product with an appropriate user-management manual, which includes the maintenance requirements. The costs incurred must then be borne by the Consumer in proportion to his/her interaction.
5.10. The Consumer’s right to warranty shall lapse after two years from the delivery date.
As regards any part of the product that has been repaired or replaced, the limitation period for the right to warranty shall recommence.
VI. Commercial guarantee
6.1. The Service provider as the person who guarantees performance of a contract or is required by law to provide guarantee shall assume liability for lack of conformity during the guarantee period under the conditions set out in the guarantee statement or in the relevant legislation. The Service Provider shall be released from liability if he is able to prove that the cause of the defect occurred after performance- typically caused by improper use or handling of the product by the Consumer.
6.2. This guarantee shall not affect the Consumer’s legal rights.
6.3. If the product’s ownership is transferred, commercial guarantee may be enforced by the new owner against the Service provider.
6.4. A commercial guarantee may be enforced during the guarantee period. If the Service provider fails to fulfill his obligations in good time when so requested by the Consumer, the guarantee claim may be enforced before the court within three months after the deadline set out in the request even if the guarantee period has already expired. This deadline shall apply with prejudice.
6.5 The rights arising from the guarantee may be enforced by the owner of the consumer product, provided that he/she is considered to be a Consumer.
6.6. The Consumer can validate his/her guarantee against the Service Provider. The rights arising from the guarantee may be enforced - with the exception of point 6.7 – with the guarantee card, which cannot be made conditional on the return by the Consumer of the opened packaging of the product.
6.7. In the absence handing over of the guarantee card to the Consumer's disposal, the conclusion of the contract shall be deemed to be proven if the proof of payment of the value - the invoice or receipt issued under the VAT Act - is presented by the Consumer. In this case, the rights arising from the gauarantee can be enforced with the receipt proving the payment of the price.
6.8. The defect is not covered by the guarantee if it occured after the delivery of the product to the Consumer, for example
- if the defect is due to improper installation (unless the installation was carried out by the Service provider or its agent,
- or if the incorrect installation is due to a defect in the user manual)
- misuse, failure to observe the instructions for use, - incorrect storage , improper treatment, damage,
-or elementary damage, natural disaster.
6.9. In order to ensure the validity of the guarantee and the enforcement of the rights arising thereof, the Service Provider may not impose any additional requirement on the Consumer, unless the proper installation of the product cannot be ensured by other means and the fulfilment of the requirement does not impose a disproportionate burden on the Consumer.
6.10. If the manufacturer gives more favourable guarantee conditions for the product, the rights of the Supplier under the guarantee will be transferred to the Consumer at the time of the performance of the contract between the Consumer and the Service Provider.
6.11. The Consumer may also make his claim for repair directly with the repair service indicated by the Service provider ont he quarantee card.
6.12. ATTENTION! The following provision shall apply until 31 December 2020, while points 6.18 to 6.21 are to be applied following 1 January 2021.
The Service Provider shall endeavour to carry out the repair or replacement within a maximum of fifteen days.
If the period of repair or replacement exceeds 15 days, the Service Provider shall inform the Consumer of the expected duration of the repair or replacement.
6.13. The commercial guarantee period shall begin again in respect of the replacement (repair) of the product or part of the product in respect of the replaced (repaired) product (part of the product) and the defect resulting from the repair.
6.14. If the cConsumer makes an replacement claim within three working days of purchase (commissioning) due to the failure of the product, the Service Provider may not claim disproportionate additional cost within the meaning of § 6:159(2) a) of Section V of the Civil Code, but is obliged to replace the product, provided that the failure impedes normal use.
6.15. The legal provisions on exercising warranty rights shall be duly applied concerning the enforcement of commercial guarantee rights.
Statutory obligation - Mandatory guarantee on products
6.15. For products with a price exceding HUF 10,000 sold after January 1, 2021 under a contract concluded between a Consumer and the Service provider as stipulated by Act V of 2013 on the Civil Code, which products are defined as durable consumer goods and listed in the Governmentt Decree 151/2003 (IX. 22) on the guarantee period for consumer goods - hereinafter referred to as the Decree -, the following compulsory guarantee applies:
ATTENTION! The Decree has been amended from 1 January 2021, so depending on when the Consumer purchased the durable goods, the mandatory guarantee period will be different.
Guarantee period for products purchased until 31 December 2020
According to the Decree, if the product fails within a period of one year from the date of purchase, the Service Provider is responsible for proving that the fault arose after completion. The duration of the guarantee is therefore 1 year, which is a limitation of the time limit.
For products purchased by 31 December 2020, of the products listed in Annex 4 to this TSA only products listed in points 1-29 are covered by the mandatory guarantee.
ATTENTION! The provisions of points 6.16.a) and (b) of this TSA as well as points 6.18 to 6.21 and furthermore points 6.25 to 6.26 do not apply to products purchased until 31 December 2020.
Consumer goods purchased after 1 January 2021 are covered by the following mandatory guarantee:
If the sales price of the product reaches HUF 10,000, but does not exceed HUF 100,000
The mandatory guarantee period is 1 year.
If the sales price of the product reaches HUF 100,000, but does not exceed HUF 250,000
The mandatory guarantee period is 2 years.
If the sales price of the product exceeds HUF 250,000
The mandatory guarantee period is 3 years.
Failure to meet the above deadlines will result in a loss of rights, i.e. if the Consumer does not enforce his guarantee claim in time, he/she can then make only a warranty claim.
6.16. The guarantee period starts with the date of delivery of the product or, if the commissioning is carried out by Auchan Hungary Kft. or its agent, the with the date of the commissioning.
a) If the Consumer has the consumer goods installed after six months from the date of delivery, the starting point of the guarantee period shall be the date of delivery of the product.
b) If the consumer product is repaired, the guarantee period shall be extended from the date of delivery of the repair to the time during which the consumer was not able to use the consumer goods as intended due to the defect.
6.17. The rights arising from the guarantee can be enforced with the guarantee card, for which the return of the opened packaging of the product by the Consumer might not be required.
6.18. If, during the guarantee period provided for in the Decree, during the first repair of the consumer goods it has established by the Service provider that the consumer product cannot be repaired, the Service provider is obliged to replace the product within eight days, unless otherwise specified by the Consumer, If it is not possible to replace the product, the Service provider shall reimburse within eight days the purchase price as presented by the Consumer with the proof of payment of the consumer goods - by an invoice or receipt issued under the VAT Act.
6.19 If, during the guarantee period provided for in the Decree, the repair of the consumer goods fails once again after three repairs, the unless otherwise specified by the Consumer, and if, pursuant to 6:159§ (2) b) of Act V of the Civil Code, the Consumer does not require a proportionate reduction of the purchase price and the Consumer does not wish to repair the consumer goods at the expense of the Service provider or have them repaired by someone else, the Service provider is
6.20. If the consumer goods are not repaired by the 30th day following the date of notification of the repair claim to the Service Provider, unless otherwise specified by the Consumer, the Service provider shall replace the consumer goods within eight days of the ineffective expiry of the 30-day period. If it is not possible to replace the product, the Service provider shall reimburse within eight days following the ineffective expiry of the 30-day repair deadline the purchase price as presented by the Consumer with the proof of payment of the consumer goods - by an invoice or receipt issued under the VAT Act
6.21. The provisions of the preceding three paragraphs do not apply to electric bicycles, electric scooters, quadbikes, motorcycles, mopeds, automobiles, motor caravans, caravans, trailers, trailers and motor vehicles as defined in Article 8 of the Decree, among the consumer goods falling under mandatory guarantee listed in Annex 1 to the Decree and in Annex 4 to this GTC.
6.22. The Service Provider is obliged to provide the Consumer with a guarantee card, clearly and clearly written in Hungarian, together with the consumer goods, in a form that ensures the readability of the contents of the guarantee card by the end of the guaranteeperiod.
6.23. The Service Provider shall state on the guarantee card:
a) the name, address of the Service provider
b) the name and type of the consumer product and, if any, its production number,
c) the name and address of the manufacturer, if the manufacturer is not the same as the Service provider,
d) the date of the contract concluded and of the delivery of the consumer goods to the Consumer or, in the case of commissioning by the Service Provider or his contributor, the date of commissioning of the consumer goods.
(e) the Consumer's rights under the guarantee, the time limit, place and conditions for their enforceability, and
f) information that, in the event of a consumer dispute, the Consumer may also initiate proceedings of a conciliation body operating alongside the county (metropolitan) chambers of commerce and industry. The guarantee card shall also indicate that the statutory rights of the Consumer are not affected by the guarantee.
g) the stamp of the Service Provider and the signature of the person acting on his behalf, and, in the case of an electronic document, the electronic signature.
6.24. The guarantee card shall indicate that the guarantee does not affect the Consumer's statutory rights.
6.25. The Service Provider may also provide the Consumer with a guarantee card in accordance with the requirements of the Decree by electronic means. An invoice handed over electronically to the Consumer shall be accepted as a guarantee card if its contents also comply with the guarantee card requirements of the Decree.
6.26. The Service Provider is obliged to provide the guarantee card electronically no later than the day after the delivery or commissioning of the product. If the Service Provider does not provide the guarantee card as an electronic document by direct transmission, but provides it to the Consumer in the form of a download access address, he cannot cancel the downloadability of the electronic guarantee card until the end of the guarantee period, he must ensure the availability of the download address.
6.27. The rights arising from the guarantee can usually be enforced with the guarantee card. The exception is the failure of the Service Provider to provide the Consumer with the guarantee card, in which case the Consumer certifies the conclusion of the contract, i.e. the payment of the purchase price, by presenting a receipt or invoice confirming the purchase. In this case, the rights arising from the guarantee can be enforced by proof of payment.
6.28. The improper issue of the guarantee card or the failure to make the guarantee card available to the Consumer shall not affect the validity of the guarantee.
6.29. The Consumer may also directly assert his/her claim for repair of the product with the repair service indicated by the Service Provider on the guarantee card.
6.30. During the repair, only new parts may be inserted into the consumer goods.
6.31. When fulfilling a claim for repair, the Service Provider or, in the case of a request for a repair directly validated by the repair service, the repair service shall indicate on or in addition to the guarantee card:
a) the date of notification of the claim for repair and receipt for repair, as well as, in the case of a motor vehicle, the odometer position, (b) the cause of the defect and the method of correction, and
c) the date of return of the consumer goods to the Consumer and, in the case of a motor vehicle, the mileage.
6.32. When fulfilling the demand for replacement, the Service Provider must indicate on the guarantee card the fact and time of the replacement.
6.33. Consumer goods with fixed connections or more than 10 kg or which cannot be carried as a hand luggage by public transport shall be repaired at the place of operation, with the exception of vehicles. If repairs cannot be carried out at the place of operation, the equipment and delivery and return shall be provided by the undertaking or, in the case of a need for repairs directly validated by the repair service, by the repair service.
6.34. If the Consumer makes a replacement claim within three working days of purchase (commissioning) as a result of the failure of the consumer goods, the SP cannot claim a disproportionate additional cost within the meaning of § 6:159(2)(a) of Act V of civil code 2013, but shall be obliged to replace the consumer goods provided that the failure impedes normal use.
VII. claim settlement, mans of legal remedy
7.1. The Consumer may lodge a complaint with respect to the conduct, activity or omission of Service provider or of the person(s) acting for and on behalf of Service provider if said conduct, activity or omission is directly related to the distribution or sale of goods to the Consumer. The comlaint may be mad orally at the Service Prvodier’s shops Customer service, or in writing to the email@example.com e-mail address or by post to InfoCenter at 2040 Budaörs, Sport u. 2-4.
7.2. The Service Provider shall immediately examine the oral complaint and remedy it as necessary. If the Consumer does not agree with the handling of the complaint or it is not possible to investigate the complaint immediately, the Service Provider shall immediately record the complaint and its position on it and send it to the Consumer within 30 days, together with its substantive reply. Within 30 days of receipt of the complaint, the Service Provider is obliged to respond to the Consumer's written complaint in writing and to take action to communicate it.
7.3. The Consumer is entitled to initiate proceedings at the conciliation body adjoined to the county (capital) Chambers of Commerce and Industry in order to settle disputes concerning the quality, safety, application of product liability rules and the conclusion and performance of a contract between the parties (hereinafter referred to as "consumer dispute").
7.4. Online dispute resolution
The Consumer may also deal with the Consumer's dispute with the Service Provider arising from the online purchase through the Online Dispute Resolution platform operated by the European Commission, which can be accessed from the following link:
Based on the ITM Regulation No 26/2019 (VIII. 26), Section 14, in the event of a cross-border consumer dispute related to an online sales or online service contract – with regard to jurisdiction rules as set out in Section 20 of the the Act on Unfair Commercial Practices (Fgytv) all conciliation bodies operated by the Chamber of Commerce and Industry of the county (capital) may act.
7.5.The conciliation procedures may be initiated at the following Conciliation boards:
Concillation Board with local competence according to Service provider’s registered seat:
Pest County Conciliation Board
1055 Budapest, Balassi Bálint u. 25. IV/2. Telefonszám: (1) 792-7881
Postal address: 1364 Budapest, Pf.: 81, e-mail: firstname.lastname@example.org
In order to settle the consumer dispute, the Consumer may contact the following ConciliationBoards according to concerned party’s domicile:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy Imre u. 36.
Postal address: 7602 Pécs, Pf. 109.
Telephone number: (72) 507-154
Fax: (72) 507-152
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Telephone number: (76) 501-525, (76) 501-500
Fax: (76) 501-538
Békés County Conciliation Board
Address: 5601 Békéscsaba, Penza ltp. 5.
Telephone number: (66) 324-976, 446-354, 451-775
Fax: (66) 324-976
Borsod-Abaúj-Zemplén County ConciliationBoard
Address: 3525 Miskolc, Szentpáli u. 1.
Telephone number: (46) 501-091, 501-870
Fax: (46) 501-099
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: (1) 488-2131
Fax: (1) 488-2186
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Telephone number: (62) 554-250/extension 118
Fax: (62) 426-149
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Telephone number: (22) 510-310
Fax: (22) 510-312
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Telephone number: (96) 520-202, 520-217
Fax: (96) 520-218
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Petőfi tér 10.
Telephone number: (52) 500-749
Fax: (52) 500-720
Heves County Conciliation Board
Address: 3300 Eger, Faiskola út 15.
Postal address: 3301 Eger, Pf. 440.
Telephone number: (36) 416-660/ extension 105
Fax: (36) 323-615
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park 8.
Telephone number: (56) 510-610
Fax: (56) 370-005
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Telephone number: (34) 513-010
Fax: (34) 316-259
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Alkotmány út 9/a
Telephone number: (32) 520-860
Fax: (32) 520-862
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. 2. em. 240.
Telephone number: (1)-269-0703
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna utca 6.
Telephone number: (82) 501-000
Fax: (82) 501-046
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400 Nyíregyháza, Széchenyi u. 2.
Telephone number: (42) 311-544, (42) 420-180
Fax: (42) 311-750
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25.
Telephone number: (74) 411-661
Fax: (74) 411-456
Vas County Conciliation Board
Address: 9700 Szombathely, Honvéd tér 2.
Telephone number: (94) 312-356
Fax: (94) 316-936
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1.
Telephone number: 88/429-008, or 88/814-111 (VKIK)
Fax: 88/412-150 (VKIK fax)
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi utca 24.
Telephone number: (92) 550-513
Fax: (92) 550-525
VI. Miscellaneous provisions
The provisions of Act V. of 2013 on the Civil Code shall govern the present GTC and all matters not regulated in the present GTC.
Annex 3 contains all laws that hold relevant provisions for the contents of the present GTC.
The present GTC comes into effect on January2, 2021.
Auchan Magyarország Kft.
- Sample rescission form
- The stores of Auchan Magyarország Kft.
- Relevant laws
- Annex 1 to the Government Decree No 151/2003 (IX. 22) on products covered by a mandatory guarantee
Annex 2 of the Online Store GTC of Auchan Magyarország Kft.
Sample form for Declaration of Rescission
(fill in and send back to us this form only if you wish to rescide from the contract (GTC Section IV)
Dear Auchan Magyarország Kft.,
I the undersigned hereby declare, that in accordance with Section IV of the present GTC, I wish to exercise my right to rescide from the contract on the purchase of the below product(s):
Name of Consumer:
Date of concluding the contract:
……… ……………………………… 202… (day,month, year)
Time of receipt:
……… ……………………………… 202… (day,month, year)
Name of the product(s) purchased
Address of the Consumer:
(name of settlement),
(street, road, square)_________ no
______________floor no, _______ door no.
In accordance with the provisions laid down in the General Terms and Conditions of the reimbursement of the purchase price of the products covered in the present declaration of rescission. I also assume liability to return all items covered in the declaration in original, defect-free condition. I understand and accept that Auchan Magyarország Kft. is not obliged to reimbursethe purchase price of the product(s) until I return the item(s) at the Customer Service Desk of the store of my choice. Furthermore, I understand and accept that the amount will be refunded in cash at the Customer Service Desk.
Signature of the Consumer (only on paper-based statements)
Annex 2 of the Online Store GTC of Auchan Magyarország Kft.
List of stores of Auchan Magyarország Kft. as Service provider, where the Consumer’s right of rescission can be exercised
Annex 3 of the Online Store GTC of Auchan Magyarország Kft.
List of laws relevant to the content of the present GTC or containing relevant provisions to the content therein
- Act V. of 2013 on the Civil Code;
- Act CVIII. of 2001 on certain aspects of electronic commerce and information society services;
- Act CLV. of 1997 on consumer protection;
- Government Decree 45/2014 (II.26.) on the detailed rules governing contracts between consumers and companies;
- Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers;
- Government Decree 151/2003 (IX.22.) on the compulsory guarantee on certain consumer durables
- Joint Decree 4/2009. (I.30.) of NFGM-SZMM (Ministry of National Development and Economy – Ministry of Social Affairs and Labour) on the detailed rules of displaying the purchase price and the unit price of products and the fees of services.
- Regulation No 524/2013/EU on online dispute resolution for consumer disputes and amending Regulation No 2006/2004/EC and Directive 2009/22/EC.,
- Decree 26/2019 (VIII. 26.) of ITM (Ministry of Information and Technology) on the rules for the tender for the performance of the conciliation board membership and the remuneration of conciliation board members and on the designation of conciliation bodies in the event of a cross-border consumer dispute relating to an online sales or online service contract
Annex 1 to the Government Decree No 151/2003 (IX.22)
In accordance with, durable goods covered by a compulsory guarantee are subject to the provisions of Article 1(1)( a) and (b).
Household appliances above the selling price of HUF 10 000, in particular refrigerator, freezer, combined refrigerator, electric stove, washing machine, centrifuge, tumble dryer and any combination thereof, dishwasher, iron, water heater, heating, air conditioning and other air condition control equipment, vacuum cleaner, steam cleaning machine, carpet cleaning machine, floor scrubbing and polishing machine, sewing machine, knitting machine, electric boiler, pump;
2. small appliances for kitchen appliances powered by electricity above the selling price of HUF 10 000, in particular, microwave oven, bread maker, toaster, coffee maker, coffee maker, kettle, kitchen robot, barbecue, fryer, waffle maker, doughnut maker, waffle maker, sandwich maker, electric pancake maker, electric pizza oven, electric rotary pot, electric fryer, electric popcorn maker, electric contact grill, swivel skewers, mini cooker, rice cooker, egg cookers, food cookers, air-mixing cooking pots, fruit pruning;
3. gas appliances above the selling price of HUF 10 000, in particular stoves, convectors, gas boilers, gas grills, gas stools, gas ovens, gas scorching, gas lamps;
4. motorized gardening machines and non-motorised gardening equipment above the selling price of HUF 10 000, in particular scrapers, lawn mowers, mowers, push lawn mowers;
5. motorized hand tools above the selling price of HUF 10 000, in particular chainsaws, drills, impact drills, corner hammers, circular saws, planers;
6. medical aids and apparatus and sunglasses with a delivery period of at least one year above the selling price of HUF 10 000;
7. health care products and devices above the selling price of HUF 10 000, in particular electric massager, magnetic product, light therapy device;
8. means of transport above the selling price of HUF 10 000, in particular bicycles, electric bicycles, electric scooters, quad bikes, motorcycles, mopeds, cars, campervans, caravans, trailers, trailers;
9. motorised craft above the selling price of HUF 10 000;
10. childcare items above the sale price of HUF 10 000, in particular changing and washing stand, stroller, high and table mounted high chair, child seat;
11. child monitoring equipment above the selling price of HUF 10 000, in particular respiratory monitoring, heart monitoring, babysitting;
12. children's swings, slides and children's toys requiring similar activities indoors and outdoors for home use above the sale price of HUF 10 000;
13. lighting products above the selling price of HUF 10 000, in particular luminaires, light sources;
14. safety alarm and signalling devices above the selling price of HUF 10 000;
15. electronic communications terminal equipment above the selling price of HUF 10 000, in particular telephones, mobile phones, fax machines, multi-function devices;
16. news equipment above the selling price of HUF 10 000, in particular answering machine, hands-free; satellite receiver and AM Micro antenna systems and their components, television, projector, v/V, radio, car radio, radio alarm clock, satellite locator, turntable, tape and cassette recorder, CD recorder and player, DVD recorder and player, game console, Blu-ray player and burner, table media player, custom sound system, mixing table, amplifier, speaker, speaker, microphone and earphones, head-set;
17. information equipment above the selling price of HUF 10 000, in particular desktop, laptop, note-book, tablet, PDA, monitor, printer, scanner, camera, film and sound recording camera, video camera and camcorder, dictator, photo printer, film and diaskenner, MP3 and MP4 player, portable media player, usb drive, memory card, battery charger, calculator, pocket calculator;
18. office equipment above the selling price of HUF 10 000, in particular shredders, copiers, laminating machines;
19. over 10 000 HUF sales price of over 10 000 HUF for projector and film projector, film magnifying glass, film production and film processing equipment;
20. optical devices above the sale price of HUF 10 000, especially binoculars, binoculars, microscopes, telescopes;
21. musical instruments above the sale price of HUF 10 000;
22. watches and jewelry above the sale price of HUF 10 000;
23. interior and outdoor furniture, reclining mattresses above the selling price of HUF 10 000;
24. measuring instruments, generators, power supplies above the selling price of HUF 10 000;
25. firearms above the sale price of HUF 10 000;
26. sports equipment, hunting and fishing equipment above the selling price of HUF 10 000;
27. electrically operated beauty devices above the selling price of HUF 10 000, in particular hair dryers, styling machines, body hair shearing machines, epillators, electric shading;
28. fur-clothing products of noble and semi-noble fur leather above the selling price of HUF 50 000; 29. accessories and components of products belonging to the product groups listed above above a selling price of HUF 10 000;
30. doors and windows above the selling price of HUF 10 000, especially windows, interior and exterior doors, garage doors;
31. shading devices above the sale price of HUF 10 000, in particular hand-held or motor-powered blinds, reluxa, awnings, ribbon curtains;
32. intercom, alarm system, camera surveillance system above the selling price of HUF 10 000;
33. garage door and other door drive, control over the sale price of HUF 10 000;
34. shower cabin, bath, faucet above the selling price of HUF 10 000;
35. solar collectors, solar panels above the sale price of HUF 10 000;
36. game hoverboard, toy electric scooter, toy drone above the sale price of HUF 10 000;
37. drones classified in an open category in separate legislation above the sale price of HUF 10 000.