GENERAL TERMS AND CONDITIONS (GTC)

GENERAL TERMS AND CONDITIONS (GTC)

INTRODUCTION

If you have any questions regarding these General Terms and Conditions, the use of the website, specific products, or the purchasing process, or if you would like to discuss your individual needs with us, please contact our staff using the provided contact details.

Imprint: Service Provider (Seller, Company) Details

• Name: Motivexpert Kft.

• Registered Office: HU 1193 Budapest, Derkovits Gyula utca 53

• Mailing Address: HU 1193 Budapest, Derkovits Gyula utca 53

• Registration Authority: Company Court

• Registration Number: 01-09-440206

• Tax Number: 32741548-2-43

• Representative: Gábor Harangozó

• Phone: +36 30 3 579 679

• Email: hello@seventysixshop.eu

• Website: https://seventysixshop.eu

• Bank Account Number: 10403404-50527170-77561005

• IBAN: HU12 1040 3404 5052 7170 7756 1005

• SWIFT: OKHBHUHB

Hosting Provider Details

• Name: Elin.hu Kft.

• Registered Office: 9024 Győr, Déry T. utca 11

• Contact: +36 30 2222 4444

Definitions

• Parties: Seller and Buyer collectively

• Consumer: A natural person acting outside their trade, business, or profession

• Consumer Contract: A contract where one party is a consumer

• Website: The present website used for concluding contracts

• Contract: The sales contract concluded between the Seller and Buyer through the Website and electronic communication

• Means of Distance Communication: Tools enabling communication between parties without simultaneous physical presence, such as printed materials, standard letters, catalogues, telephone, fax, and internet-based tools

• Distance Contract: A consumer contract concluded without the simultaneous physical presence of the parties, using means of distance communication

• Product: Any tangible, movable item offered for sale on the Website, which is the subject of the Contract

• Business: A person acting within their trade, business, or profession

• Buyer/You: The person making a purchase offer through the Website

• Warranty: The warranty provided by the Seller for the proper performance of the contract, as per the Civil Code

Applicable Laws

The Contract is governed by Hungarian law, particularly but not exclusively:

• Act CLV of 1997 on Consumer Protection

• Act CVIII of 2001 on Electronic Commerce and Information Society Services

• Act V of 2013 on the Civil Code

• Government Decree 151/2003 (IX. 22.) on Mandatory Warranty for Durable Consumer Goods

• Government Decree 45/2014 (II. 26.) on Detailed Rules for Contracts between Consumers and Businesses

• NGM Decree 19/2014 (IV. 29.) on Procedural Rules for Warranty and Guarantee Claims

• Act LXXVI of 1999 on Copyright

• Act CXII of 2011 on Informational Self-Determination and Freedom of Information

• Regulation (EU) 2018/302 of the European Parliament and of the Council (28 February 2018) on addressing unjustified geo-blocking and other forms of discrimination

• Regulation (EU) 2016/679 of the European Parliament and of the Council (27 April 2016) on the protection of natural persons with regard to the processing of personal data (GDPR)

Scope and Acceptance of the GTC

The content of the contract between us is determined by these General Terms and Conditions (GTC), in addition to mandatory legal provisions. The GTC outlines the rights and obligations of both parties, the conditions for contract formation, performance deadlines, delivery and payment terms, liability rules, and the conditions for exercising the right of withdrawal.

You are required to read and accept the GTC before finalizing your order.

Language and Form of the Contract

The language of the GTC and the contracts under it is Hungarian and English. Contracts under the GTC are not considered written contracts and are not filed by the Seller.

E-Invoicing

Our company uses electronic invoices as per Section 175 of Act CXXVII of 2007. By accepting the GTC, you consent to the use of electronic invoices.

Prices

Prices are in HUF or EUR and include 27% VAT. Prices are indicative, and the Seller reserves the right to modify them for business policy reasons. Price changes do not apply to already concluded contracts. If the Seller mistakenly displays an incorrect price and an order is placed, the Seller will act according to the "Procedure for Incorrect Prices" section of the GTC.

Complaint Handling and Legal Remedies

Consumers can submit complaints regarding products or the Seller's activities at the following contact details:

• Phone: +36 30 3 579 679

• Customer Service Hours: 8 AM - 5 PM

• Payment Methods: Cash, Bank Card

• Store Contact: Online only

• Phone: +36 30 3 579 679

• Email: hello@seventysixshop.eu

• Website: https://seventysixshop.eu

Online Dispute Resolution Platform

The European Commission has established a website where consumers can register to resolve disputes related to online purchases without going to court. If you wish to file a complaint regarding a product or service purchased online and do not want to go to court, you can use the online dispute resolution tool.

The platform is available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

Copyright

The website is considered a copyrighted work under Section 1 (1) of Act LXXVI of 1999 on Copyright. Unauthorized use of graphical or software solutions, computer programs, or any application modifying the website or its parts is prohibited. Any material taken from the website or its database must be accompanied by a reference to the source, even with the copyright owner's written consent.

Partial Invalidity, Code of Conduct

If any part of the GTC is legally deficient or invalid, the remaining provisions remain valid, and the relevant legal provisions apply. The Seller does not have a code of conduct prohibiting unfair commercial practices against consumers.

Digital Content Operation, Technical Protection Measures

The availability of data on the website is guaranteed at 99.9% annually. Regular backups are made, allowing the original data to be restored in case of issues. Data is stored in MSSQL and MySQL databases, with sensitive data encrypted using hardware-supported encryption.

Product Information

Essential product properties are described on the product pages.

Data Entry Errors - Responsibility for Accuracy

You can modify your data before finalizing the order. It is your responsibility to ensure the accuracy of the data provided, as invoices and deliveries are based on this information. Incorrect email addresses or full mailboxes may prevent confirmation delivery and contract formation.

Procedure for Incorrect Prices

An obviously incorrect price includes: 0 HUF, a discounted price with an incorrect discount (e.g., a 1000 HUF product offered at 500 HUF with a 20% discount). In case of an incorrect price, the Seller offers the product at the correct price, and the Buyer can decide whether to purchase it at the correct price or cancel the order without any adverse consequences.

Website Use and Purchasing Process

You can order products on the website with or without registration. Products can be ordered through the preview or product page. The order unit is specified on the product page if it differs from 1 piece or 1 liter.

You can select product categories and filter by car types, models, and engine codes to easily identify parts. Clicking on a product displays its photo, item number, description, and price. You must pay the price listed on the website. Products are marked with photos, and accessories or decorative elements in the photos are not part of the product unless specified in the description. We are not responsible for typographical errors or incorrect data.

To order/purchase a product, enter the desired quantity and click the "Add to Cart" button. The product will be added to the cart. To add more products, click "Continue Shopping" and repeat the process. You can access your cart by clicking the cart icon in the top right corner.

On the Cart page, you can modify quantities or delete products. After making changes, click "Recalculate." To place the order, select the desired delivery/pickup and payment method on the Cart page. If you are unsure about a part, contact us or use the chassis number submission option for certain products to help identify the correct part.

You will then be directed to enter your order details. You can order with or without registration. Registration saves your data for future purchases and allows you to track your order status on the Customer Interface.

Mandatory fields on the order form are marked with an asterisk (*). The following information is required to submit an order:

• Personal Data: Name, Email, Phone Number

• Delivery Address: ZIP Code, City, Street, House Number, Floor, Door

• Billing Information

• Company Data (if applicable): Company Name, Tax Number

Optional information includes a free-text comment and newsletter subscription.

In the next menu, you can select the shipping provider based on the order weight and destination. Shipping costs depend on the total weight and delivery address.

To finalize the order, click "Submit Order," which entails a payment obligation. By doing so, you confirm that you have read, understood, and accepted the GTC and the Privacy Policy. Ensure the accuracy of your data, as invoices and deliveries are based on this information.

You will then receive an email with your order details. If registered, you will receive an automatically generated password, which you can change anytime after logging in. The username is always the registered email address. To change it, email help@seventysixshop.eu.

For any modifications or personal requests, contact us at help@seventysixshop.eu or +36 30 3 579 679. An order is considered received once our colleagues confirm it via email. Always wait for the confirmation email.

If the ordered product is not available in the requested quantity or has a longer delivery time, we will confirm your order intent within 1 business day. If we do not receive a response via email or phone within the given timeframe, we cannot fulfill the order.

Due to rapid stock changes, some products may be listed as "in stock" even if they are not. The Service Provider is not responsible for such errors and will inform the Buyer upon discovery.

After purchase, the official e-invoice will be sent via email. Orders are processed on business days from Monday to Friday, 8 AM - 5 PM. In case of occasional deviations, we will inform customers on the website.

We reserve the right to reject already confirmed orders in part or in full. Partial fulfillment is only possible after consultation with the Buyer, either by phone or email. If the Buyer does not request the order, the prepaid amount will be refunded to the sender.

Payment Methods

• Bank Transfer: You can pay by bank transfer. This method is free of charge. The required details are:

  • Name: Motivexpert Kft.

  • Bank: K&H Bank

  • Account Number: 10403404-50527170-77561005

  • IBAN: HU12 1040 3404 5052 7170 7756 1005

  • SWIFT: OKHBHUHB

  • Reference: Order Number (must match the order details)

• Cash on Delivery: Currently not available in our webshop.

Delivery Methods and Fees

• MPL Courier Service: Domestic delivery within Hungary. Packages are delivered on business days between 8 AM and 5 PM to the address provided by the Buyer. Home delivery: MPL attempts delivery twice. If the first attempt fails, MPL leaves a notice. If a phone number is provided, MPL coordinates the second attempt. If the second attempt fails, MPL leaves another notice with the post office location and holding period. Delivery via MPL is available up to 40 kg.

• DPD Courier Service: Home delivery: Packages are delivered on business days between 8 AM and 5 PM to the address provided by the Buyer. DPD attempts delivery three times. If the first attempt fails, DPD leaves a notice. Maximum package weight: 40 kg, maximum girth: 300 cm (circumference + width), maximum length: 175 cm. International delivery within the European Union.

• UPS EXPRESS Courier Service: Air shipping. Available to EU countries except Hungary. Packages are delivered on business days between 8 AM and 12 PM to the address provided by the Buyer. UPS attempts delivery three times. If the first attempt fails, UPS leaves a notice. UPS Express shipping fees are individually set for each order and depend on the total weight and destination country. UPS Express delivery time: 1 business day.

• UPS STANDARD Shipping: Available to EU countries except Hungary. Maximum weight: 40 kg. Shipping fees are individually set for each order and depend on the total weight and destination country. UPS STANDARD delivery times vary by country, generally 1-6 business days, as shown in the table below. The data is indicative, and actual delivery times may vary.

Reservation of Rights, Ownership Clause

If you previously ordered a product but did not accept it upon delivery (excluding cases where you exercised your right of withdrawal), or if the product was returned to the Seller as "not wanted," the Seller may require prepayment of the purchase price and shipping costs for future orders.

The Seller may withhold the product until confirming successful payment, including cases where the Buyer pays in a currency other than the Seller's, and conversion fees or bank charges reduce the received amount. If the product price is not fully paid, the Seller may request the Buyer to cover the difference.

International Sales

The Seller does not differentiate between buyers within and outside Hungary regarding the use of the Website. The GTC applies to buyers outside Hungary within the EU, with the understanding that a consumer is a natural person who is a national of a Member State or resides in a Member State, or a business established in a Member State, purchasing goods or services for end-use within the EU.

The language of communication and purchase is Hungarian and English. The Seller is not obliged to communicate in the Buyer's national language or meet national requirements for labeling or sector-specific standards. The Seller applies Hungarian VAT to all products unless otherwise stated.

The Buyer may exercise their legal remedies under the GTC. For electronic payments, the payment is made in the currency specified by the Seller. For international buyers, the Seller may withhold the product until confirming full payment, including cases where currency conversion or bank charges reduce the received amount. If the product price is not fully paid, the Seller may request the Buyer to cover the difference.

If the Buyer requests delivery within Hungary or another EU Member State, international buyers may also request delivery via the specified methods. International buyers may arrange their own shipping at their own expense. Hungarian buyers do not have this right.

The Seller fulfills the order upon payment of the shipping fee. If the Buyer does not pay the shipping fee or arrange their own shipping by the agreed time, the Seller may terminate the contract and refund the prepaid purchase price to the Buyer.

Consumer Information under Government Decree 45/2014 (II. 26.)

Information on the Consumer's Right of Withdrawal

Only natural persons acting outside their trade, business, or profession are considered consumers under Section 8:1 (1) point 3 of the Civil Code, meaning legal entities cannot exercise the right of withdrawal without justification.

Consumers have the right to withdraw from the contract without justification under Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise this right within 14 days from the date of receiving the product or, in case of multiple products, the last product received.

The consumer may also exercise the right of withdrawal before the contract is concluded and the product is received. If the consumer made an offer, they have the right to withdraw the offer before the contract is concluded, terminating any binding offer.

Withdrawal Declaration, Exercising the Right of Withdrawal or Termination

The consumer must exercise their right of withdrawal by submitting a clear declaration. The withdrawal is considered valid if sent within the 14-day period. The consumer must prove that the right of withdrawal was exercised in accordance with this provision.

The Seller must confirm the consumer's withdrawal declaration electronically immediately upon receipt, provided the Seller offers this option on their website.

Seller's Obligations in Case of Withdrawal

The Seller must refund the consumer within 14 days of receiving the withdrawal notice, including the full purchase price and any delivery costs, unless the consumer chose a more expensive delivery method than the standard option. In such cases, the Seller is not obliged to refund the additional costs.

Refund Method

The Seller must refund the consumer using the same payment method used for the purchase, unless the consumer agrees to a different method, which must not incur additional costs. The Seller is not liable for delays caused by incorrect bank account or postal address details provided by the consumer.

Additional Costs

If the consumer chooses a delivery method other than the least expensive standard option, the Seller is not obliged to refund the additional costs. In such cases, the Seller's refund obligation is limited to the standard delivery cost.

Retention Right

The Seller may withhold the refund until receiving the returned product or proof of return, whichever occurs first. The Seller cannot accept returns sent cash on delivery or with postage due.

Consumer's Obligations in Case of Withdrawal or Termination

The consumer must return the product immediately, but no later than 14 days from the withdrawal declaration. The return is considered timely if sent before the deadline. The consumer bears the direct costs of returning the product. The product must be returned to the Seller's address.

If the consumer terminates a service contract outside the business premises or at a distance, they must pay a proportionate fee for services provided up to the termination notice. The proportionate amount is based on the total contract price including tax. If the consumer proves this amount is excessive, the proportionate amount is based on the market value of the services provided until termination. The Seller cannot accept returns sent cash on delivery or with postage due.

Consumer Liability for Depreciation

The consumer is liable for any depreciation resulting from use beyond what is necessary to ascertain the nature, characteristics, and functioning of the product.

Exclusions from the Right of Withdrawal

The Seller explicitly informs you that you cannot exercise the right of withdrawal in the following cases under Section 29 (1) of Government Decree 45/2014 (II. 26.):

a) For service contracts after the service has been fully performed, if the performance began with the consumer's explicit prior consent and the consumer acknowledged losing the right of withdrawal upon full performance.

b) For goods or services whose price depends on fluctuations in the financial market beyond the Seller's control.

c) For goods made to the consumer's specifications or clearly personalized.

d) For perishable or rapidly deteriorating goods.

e) For sealed goods that cannot be returned for health or hygiene reasons after opening.

f) For goods that are inseparably mixed with other items after delivery.

g) For service contracts where the Seller visits the consumer at their request for urgent repair or maintenance work.

h) Liquids cannot be returned or refunded.

i) Electronic components whose usability cannot be verified after return, such as electronics, sensors, etc.

j) Products must be returned in their original condition. If the product has been installed, tested, or shows signs of external damage, the Seller will not accept the return.

Conformity, Product Liability, Warranty

This section is based on Section 9 (3) of Government Decree 45/2014 (II. 26.) and Annex 3 of the same decree.

Conformity

When can you exercise your right to conformity?

You may enforce conformity claims against the Seller under the Civil Code if the Seller fails to perform correctly.

What rights do you have under conformity claims?

You may choose to request repair or replacement, unless the chosen remedy is impossible or disproportionately costly compared to the other remedy. If you do not or cannot request repair or replacement, you may request a price reduction, repair at the Seller's expense, or terminate the contract.

You may switch between remedies, but you bear the costs unless justified or caused by the Seller.

What is the time limit for enforcing conformity claims?

You must notify the Seller of the defect immediately upon discovery.

Against whom can you enforce conformity claims?

You can enforce conformity claims against the Seller.

What other conditions apply to enforcing conformity claims?

Within six months of performance, you only need to notify the defect, provided you prove the product or service was provided by the Seller. After six months, you must prove the defect existed at the time of performance.

For used products, the general rules on warranty and liability apply, but certain defects may be expected due to wear and tear. The Buyer can only enforce warranty rights for defects beyond normal wear and tear. If the Buyer was informed of known defects at the time of purchase, the Seller is not liable.

Product Liability

When can you exercise your right to product liability?

For defective movable goods, you may choose to enforce conformity or product liability claims.

What rights do you have under product liability claims?

Under product liability, you may only request repair or replacement of the defective product.

When is a product considered defective?

A product is defective if it does not meet quality requirements at the time of marketing or lacks properties described by the manufacturer.

What is the time limit for enforcing product liability claims?

You can enforce product liability claims within two years from the product's marketing by the manufacturer. After this period, you lose this right.

Against whom and under what conditions can you enforce product liability claims?

You can only enforce product liability claims against the manufacturer or distributor. You must prove the defect.

When is the manufacturer (distributor) exempt from product liability?

The manufacturer (distributor) is exempt if they can prove:

a) The product was not manufactured or marketed in the course of their business, or

b) The defect was not detectable at the time of marketing based on scientific and technical knowledge, or resulted from legal or mandatory regulatory requirements.

The manufacturer (distributor) only needs to prove one of these reasons.

You cannot enforce both conformity and product liability claims simultaneously for the same defect. However, you can enforce conformity claims for replaced or repaired parts against the manufacturer.

Warranty

When can you exercise your right to warranty?

Under Government Decree 151/2003 (IX. 22.), the Seller is obliged to provide a warranty for durable consumer goods (e.g., technical items, tools, machines) and their components listed in Annex 1 of the decree.

What rights and time limits apply under warranty?

The Buyer may request repair, replacement, or refund under the warranty, as specified in the "Warranty Claim Handling" section.

The Buyer may enforce repair claims at the Seller's headquarters, branches, or authorized service centers listed on the warranty certificate.

Warranty Period

The warranty period under Government Decree 151/2003 (IX. 22.) is:

a) 1 year for products priced between 10,000 HUF and 100,000 HUF,

b) 2 years for products priced between 100,000 HUF and 250,000 HUF,

c) 3 years for products priced above 250,000 HUF.

Failure to meet these deadlines results in loss of rights. However, if the product is repaired, the warranty period is extended by the repair time.

The warranty period starts when the product is delivered to the Buyer or, if the Seller or their agent installs it, from the installation date. If the Buyer installs the product more than six months after delivery, the warranty period starts from the delivery date.

Warranty Claim Handling

The Seller aims to complete repairs within 15 days. The repair period starts when the product is received. If the repair or replacement takes longer than 15 days, the Seller must inform the Buyer of the expected duration.

If the product cannot be repaired during the first repair attempt within the warranty period, the Seller must replace the product within 8 days, unless the Buyer agrees otherwise. If replacement is not possible, the Seller must refund the purchase price within 8 days based on the invoice or receipt provided by the Buyer.

The Buyer consents to electronic or other verifiable means of communication by accepting the GTC.

If the Seller cannot repair the product within 30 days:

a) If the Buyer agrees, the repair can be completed at a later date, or

b) If the Buyer does not agree or does not respond, the product must be replaced within 8 days after the 30-day period, or

c) If replacement is not possible, the purchase price must be refunded within 8 days after the 30-day period.

If the product becomes defective for the fourth time, the Buyer may:

a) Request repair, or

b) Request a proportionate price reduction under Section 6:159 (2) point b of Act V of 2013 on the Civil Code, or

c) Have the product repaired at the Seller's expense, or

d) If the Buyer does not exercise these rights or does not respond, the product must be replaced within 8 days, or if replacement is not possible, the purchase price must be refunded within 8 days.

If the repair or replacement takes longer than 15 days, the Seller must inform the Buyer of the expected duration.

When is the Seller Exempt from Warranty Obligations?

The Seller is only exempt if they prove the defect arose after performance or resulted from improper use.

You cannot enforce both conformity and warranty claims, or product liability and warranty claims, simultaneously for the same defect. However, you retain warranty rights independently of other claims.