1. GENERAL PROVISIONS
By using this online store (hereinafter: the Online Store), you, as the user (hereinafter: the User), accept these Terms and Conditions of Use (hereinafter: the T&Cs).
Any order placed for a product available in the Online Store at www.smokingacc.hu/en implies the prior consultation and acceptance of these General Terms and Conditions of Sale (hereinafter: the GTCs).
These GTCs apply to all e-commerce transactions relating to the Online Store between the parties, as defined in this agreement.
An order placed online, electronically but not in writing, constitutes a sales contract with Smoking ACC. International Kft., and is governed by Hungarian law. The sales contract is not archived electronically, cannot be retrieved later, and does not refer to any code of conduct.
These GTCs apply to the distribution of all goods and products distributed through the Online Store. Certain services of the Online Store are available without registration and without opening a user account. However, some services require registration (and thus the creation of a user account).
The provision of personal data necessary for the use of the Online Store and the services provided therein is voluntary. The website owner may use the data only to the extent necessary to provide the service, as indicated in the Privacy Policy.
Any communication between the Website Owner and the User sent to the e-mail address provided during registration or ordering shall be deemed written communication. Any deviation from these GTCs must be agreed in writing and accepted by both parties.
Both consumers and non-consumer entities or legal persons are authorised to make purchases through the Online Store (collectively referred to as Customers). The provisions of these GTCs specifically applicable to consumers (e.g. right of withdrawal, remedies) do not apply to non-consumer customers.
If you have any questions regarding the operation of the Online Store, orders, or deliveries, please contact us using our contact details.
1.1 DEFINITIONS
Customer: Any person who purchases products or uses services available in the Online Store, whether a natural or legal person, or an organisation without legal personality.
Consumer: A natural person acting for purposes outside his or her trade, business, or profession.
Business: A person acting within his or her profession, independent occupation, or business activity.
Website Owner: A legal entity providing e-commerce goods and services and operating the Online Store.
Distance Contract: A consumer contract concluded without the simultaneous physical presence of the parties, within a distance selling system organised for the supply of goods or services covered by the contract, where the parties use only remote communication tools to conclude the contract.
1.2 DETAILS OF THE WEBSITE OWNER
Company name: Smoking Acc. International Kft.
Registered office: H-4028 Debrecen, Kassai út 131/B, Hungary
E-mail: info@smokingacc.hu
Tax number: 25340066-2-09
EU VAT number: HU25340066
Company registration number: 09-09-027125
Bank account number: 10918001-00000095-52190007 (Unicredit Bank Hungary Zrt.)
Legal representative: Mr. Nándor László MONOKI, Managing Director
Court of registration: Company Court of the Debrecen Regional Court
Principal business activity (TEÁOR): 4791 – Distance retail sale via mail order or the Internet
Language of the contract: Hungarian
Customer Service Contact Details:
Monday to Friday (working days): 8:00 – 16:30
Telephone: +36 70 670 6550
E-mail: info@smokingacc.hu
Postal address: H-4028 Debrecen, Kassai út 131/B, Hungary
Website host: PW Studio Kft.
Registered office: H-4026 Debrecen, Múzeum utca 4. 2/1., Hungary
E-mail: info@pwstudio.hu
2. PURCHASES IN THE ONLINE STORE
Registration is not required to browse the offers in the Online Store; however, a user account must be created in order to make a purchase.
2.1 Registration and Purchase
2.1.1 It is possible to register as a customer or B2B reseller by clicking “Register” in the website header. By expressly consenting to registration in the Online Store, the customer accepts the provisions of the Privacy Policy and consents to the processing of personal data. Please note that certain services require registration (involving the provision of personal data), which facilitates future purchases and access to potential discounts. After successful registration, a confirmation e-mail will be sent to the previously provided e-mail address.
2.1.2 The Website Owner is not responsible for delivery delays or other issues arising from incorrect or inaccurate data provided by the customer. Please exercise great care in handling your user access data to prevent unauthorised third-party access. The Website Owner shall not be liable for any damages resulting therefrom. If the customer registers or makes purchases in the Online Store on behalf of another person using his/her own personal data, the Website Owner excludes any liability, and such a sales contract shall be deemed null and void.
2.1.3 The user has the right to modify data provided during registration after logging in via the Profile subpage and may request the deletion of their data through our Customer Service.
2.2 Products Available for Purchase
2.2.1 Products available in the Online Store can be ordered exclusively online.
2.2.2 Products in stock may be ordered (if an item is out of stock, information on expected availability will appear on the product page). To assist with selecting the right product, detailed information is available on each product page, including name, description, photos, and price. Please read descriptions carefully before ordering. If necessary, you may seek advice from Online Store staff.
2.2.3 Product images displayed are for illustrative purposes only.
2.3 Product Prices
2.3.1 All prices displayed on the website are in Hungarian Forints (HUF), inclusive of VAT at the applicable rate (currently 27%). Product prices do not include delivery charges.
2.3.2 In the event that, despite the utmost diligence of the Website Owner, an incorrect price is displayed—particularly a “0” HUF or “1” HUF price, or one manifestly incorrect or significantly different from the known or expected market price, or due to a system or administrative error—the Website Owner is under no obligation to supply the product at the incorrect price. Instead, the Customer may be offered the opportunity to purchase at the correct price, after which they may confirm or cancel the order. Orders initiated and confirmed at an incorrect price do not constitute a valid contract and are considered void.
2.4 Purchase Order Process
2.4.1 After registration, the customer logs in to the Online Store and adds selected products to the shopping cart. The Customer may view or modify the cart contents at any time by clicking the “Cart” icon.
2.4.2 During the ordering process, the Customer may select payment and delivery methods (cash on delivery, cash payment, bank transfer, credit card payment, courier service, collection point, self-arranged delivery).
2.4.3 After verifying all data, the order can be finalised by clicking the “Place Order” button.
2.4.4 Before submitting the order, the Customer must accept the General Terms and Conditions. The Customer has the option to modify, correct, or delete entered data prior to finalising the order.
2.4.5 By clicking the “Place Order” button at the end of the process, the Customer acknowledges that the submission of the order entails a payment obligation.
2.4.6 The Customer will receive an order confirmation by e-mail. Should any error be noticed in the confirmation or during ordering, the Customer must notify our Customer Service at info@smokingacc.hu as soon as possible so that corrections can be made. To receive confirmation, the Customer must provide a correct e-mail address and ensure that their mailbox is not full.
2.4.7 Each completed order is treated as a separate transaction. Multiple orders placed by the same Customer will be dispatched separately with separate shipping costs unless the Customer requests their combination and the Customer Service confirms it is possible before dispatch. Orders already in delivery cannot be combined.
2.4.8 If one or more ordered products are unavailable, Customer Service will contact the Customer to inform them of the expected delivery time.
3. DELIVERY AND RECEIPT OF GOODS
3.1 The Customer may choose among the following delivery or collection methods: courier service, pick-up point, collection at our premises, or self-arranged delivery.
Deliveries within Hungary are carried out by Express One Hungary Kft. (hereinafter: Courier Service).
Contact details: 1239 Budapest, Európa utca 12.
E-mail: ugyfelszolgalat@expressone.hu
Phone: +36 1 8 777 400
Website: www.expressone.hu
3.2 When placing an order, the Customer must provide all data required for delivery, including delivery and billing addresses, and contact details.
3.3 The data provided by the Customer (name, delivery address, phone number) will be transmitted to the courier service in accordance with the Privacy Policy.
3.4 The delivery of parcels is governed by the courier’s own regulations, based on a contract between the Online Store and the courier service:
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The courier delivers the parcel within three (3) working days after dispatch.
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If delivery fails, the courier will leave a notice and attempt two further deliveries.
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The Customer will be informed via e-mail about the dispatch and estimated delivery date.
3.5 Orders are processed and dispatched on working days only; no deliveries are made on weekends or public holidays.
3.6 The Online Store cannot store ordered goods for more than five (5) working days and thus cannot offer deferred delivery. The Customer must make payment within five (5) working days of placing the order.
3.7 The invoice is included in the parcel.
3.8 Upon delivery, the Customer must check the parcel’s integrity and contents and sign the courier’s delivery note. Any damage must be recorded in writing on the spot. It is recommended to inspect the goods upon receipt and record any shortages or damages immediately. Accepting damaged parcels is at the Customer’s own risk.
3.9 The Customer must provide contactable delivery details (delivery address and phone number), including a work address if applicable.
3.10 The sales contract is concluded at the time of order confirmation by the Online Store.
3.11 If the Customer does not receive the electronic confirmation within a reasonable time, but not later than 48 hours, they are released from any contractual obligation. The order and confirmation are deemed received when made available to both parties.
3.14 Delivery Fees
Delivery fees are automatically calculated by our system according to the current rate schedule, the Customer’s location, and parcel weight/volume. The indicated delivery costs are indicative and inclusive of VAT.
Delivery prices apply only within Hungary. For international delivery conditions and costs, please contact us via e-mail.
4. PAYMENT TERMS
4.1 The total payable amount displayed in the Online Store at checkout (excluding foreign delivery charges) will be confirmed by e-mail. The purchase price and any additional fees (indicated during the ordering process) may be paid by bank transfer in advance prior to dispatch.
4.2 For bank transfers, please indicate the unique order identification number received by e-mail after order confirmation.
Bank account number: 10918001-00000095-52190007.
5. ORDER PROCESSING AND FULFILMENT
5.1 Orders are processed during business hours (8:00–16:30) from Monday to Friday. Orders placed outside these hours will be processed on the next working day.
5.2 If the Website Owner is unable to fulfil contractual obligations because the specified product is unavailable, the Customer will be informed immediately.
5.3 The Website Owner is not liable for unexpected changes to product specifications or technical documents made by suppliers or third parties beyond the Website Owner’s control.
6. CUSTOMER RIGHTS AND LEGAL WARRANTY
6.1 Right of Withdrawal
6.1.1 In accordance with Directive 2011/83/EU and Hungarian Government Decree No. 45/2014 (II.26.) on distance contracts between consumers and businesses, the consumer has the right to withdraw from the contract within 14 days of receiving the ordered product without giving any reason and may return the product. If proper information was not provided, the withdrawal period is extended by 12 months.
6.1.2 The right of withdrawal allows consumers in distance contracts to unilaterally terminate the agreement without justification, return purchased goods, and receive a refund—compensating for the fact that the consumer could not inspect the goods prior to purchase.
Conditions of exercising the right of withdrawal:
6.1.3 The withdrawal right may be exercised within 14 days from the date of receipt of the product (or the last product in the case of multiple items). The withdrawal does not require justification.
6.1.4 The right of withdrawal may also be exercised between the order confirmation and product delivery.
6.1.5 Withdrawal must be notified to the Website Owner within 14 days via e-mail, post, or by submitting a clear declaration.
6.1.6 After notification, the Customer must return the product(s) immediately, but not later than 14 days following withdrawal, at their own expense, to:
Smoking Acc. International Kft., H-4028 Debrecen, Kassai út 131/B, Hungary.
6.1.7 The Customer bears the direct cost of returning the goods. Products returned cash on delivery will not be accepted.
6.1.8 Upon withdrawal, the Website Owner refunds the purchase price and delivery fee immediately, but no later than within 14 days of receiving the withdrawal notice, using the same payment method unless otherwise agreed.
6.1.9 The Website Owner may claim compensation for damages caused by improper handling of the goods.
6.1.10 Upon receipt, the returned goods will be unboxed and inspected under video recording for evidence in case of disputes.
6.1.11 The right of withdrawal does not apply to businesses acting within their professional or commercial capacity.
6.1.12 A model withdrawal form is available for download.
6.1.13 Consumers may also contact the Website Owner regarding complaints using the contact details provided herein.
6.2 Warranty
6.2.1 Products are subject to the Hungarian Civil Code (Act V of 2013) and Government Decree 45/2014 (II.26.) regarding consumer-business contracts, including implied and product warranty provisions.
6.2.3 Implied Warranty:
In the case of defective performance by the Website Owner, the Customer may enforce rights under the implied warranty provisions of the Civil Code.
The Customer may request repair or replacement unless impossible or disproportionately costly. If repair/replacement is not possible, the Customer may request a price reduction, have the defect repaired by another party at the Website Owner’s expense, or withdraw from the contract.
Consumers must report defects immediately upon discovery, but no later than two months thereafter. Implied warranty rights expire two years after delivery (one year for non-consumers).
Within six months after delivery, the Customer need only prove that the product was supplied by the Website Owner; beyond six months, the Customer must prove the defect existed upon delivery.
6.2.4 Product Warranty (Legal Guarantee of Conformity):
In case of defective goods, the Customer may enforce either an implied warranty or a product warranty. Under the product warranty, only repair or replacement may be requested.
The product is defective if it fails to meet quality standards or lacks characteristics stated by the manufacturer.
The claim must be made within two years of delivery. The manufacturer or distributor is liable unless it proves that:
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the product was not manufactured or marketed during its business activity;
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the defect was undetectable given scientific knowledge at the time; or
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the defect resulted from a legal or official regulation.
Only one of these justifications suffices for exemption.
6.3 Commercial (Contractual) Warranty
6.3.1 A contractual warranty applies to durable consumer goods with a selling price of at least HUF 10,000, in accordance with Government Decree 151/2003 (IX.22.).
6.3.5 Warranty duration:
a) 1 year for sales between HUF 10,000–100,000
b) 2 years for sales between HUF 100,000–250,000
c) 3 years for sales above HUF 250,000
6.3.6 The warranty period begins upon delivery or, if installation is performed by the business or its agent, on the installation date.
6.3.8 The warranty period is extended by the duration during which the consumer could not use the goods due to defects.
6.3.11 The Website Owner endeavours to repair products within 15 days; if longer, the consumer will be informed of the expected completion date via e-mail.
6.3.12 If the product proves irreparable at the first repair, it will be replaced within 8 days. If replacement is impossible, the purchase price will be refunded.
6.3.13 If the product fails again after three repairs during the warranty period, and the consumer does not agree to further repair or a price reduction, the product must be replaced or refunded within 8 days.
6.3.15 The warranty certificate will be provided in durable form, either on paper or electronically (by e-mail or downloadable document).
7. COMPLAINT MANAGEMENT AND CONSUMER PROTECTION
7.1 The Online Store strives to fulfil all orders to the Customer’s satisfaction. In case of a complaint, the Customer may contact our Customer Service.
7.1.2 Verbal complaints (by phone) will be handled immediately if possible. If not, or if the Customer disagrees, a written record will be created and sent to the Customer with the response.
7.1.3 Written complaints will be answered within 30 days. E-mail complaints are usually addressed within 2 days.
7.1.4 In the event of a rejected complaint, the Consumer may turn to the competent consumer protection authority or a conciliation body. Complaints and responses are retained for five years.
7.2 Consumer Protection Authority
Consumers may file complaints with the competent government office (kormányhivatal) in their region. Contact information for local offices is available at:
https://kormanyhivatal.hu
If the consumer disagrees with the authority’s decision, they may appeal to a competent court.
7.3 Conciliation Body
Consumers may contact a conciliation body attached to the Chamber of Commerce and Industry for amicable dispute resolution.
Competent body for the Website Owner:
Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina körút 99, 3rd floor 310
Postal address: 1253 Budapest, P.O. Box 10
E-mail: bekelteto.testulet@bkik.hu
Phone: +36 (1) 488 2131
Further information: www.bekeltetes.hu
7.4 European Online Dispute Resolution (ODR) Platform
The European Commission operates the ODR platform under Regulation (EU) No 524/2013, providing an impartial, independent, fast, and efficient means of resolving disputes between consumers and traders online.
It is available at: https://ec.europa.eu/odr
7.5 Judicial Proceedings
Consumers may also enforce their rights arising from consumer disputes through civil court proceedings.
Further details: www.birosagok.hu
8. MISCELLANEOUS PROVISIONS
8.1 The Website Owner may use intermediaries to fulfil obligations and is fully responsible for their conduct as if performed by itself.
8.2 These GTCs take effect on the date of publication and remain valid until withdrawn.
8.3 The Website Owner reserves the right to modify these GTCs (e.g. product range, prices, delivery terms). The conditions in effect at the time of order shall apply to each contract. Modifications do not affect confirmed orders.
8.4 Hungarian law governs all matters not regulated herein.
8.5 If any part of these GTCs becomes invalid, the remaining provisions shall remain valid and enforceable.
9. COPYRIGHT
The Website Owner reserves the right to modify the website, its content, and presentation.
The use, electronic storage, processing, or resale of any part of the Online Store’s content without the written consent of the Website Owner is strictly prohibited.