IN FORCE: 1 JANUARY 2023.

The present General Terms and Conditions (hereinafter referred to as "GTC") contain the rights and obligations of SmartAir Épületgépészeti Kft. (hereinafter referred to as "Service Provider") and the Customer (hereinafter referred to as "Customer") using the e-commerce services provided by the Service Provider through the website (hereinafter referred to as "Service Provider and Customer").

Service Provider Data:

Name: SmartAir Building Services Ltd
Registered office and postal address: 1145 Budapest, Erzsébet királyné útja 19. II/7.
Start of entrepreneurial activity: 22 May 2020.
Tax number: 27941797-2-42
Customer service: see more 1.7
Phone number: +36 20 278 6150
Email address: info@smart-air.hu

1. GENERAL INFORMATION, FORMATION OF THE CONTRACT BETWEEN THE PARTIES

1.1 The scope of these GTC shall cover all services provided by SmartAir Épületgépészeti Kft. in the territory of Hungary.

In addition, these GTC shall apply to all commercial transactions in the territory of Hungary between the Parties as defined in this Agreement.

1.2 SmartAir Épületgépészeti Ltd. accepts orders and enquiries by telephone, using the forms on the website or by email.

1.3 After the order has been placed, the contract may be amended or cancelled freely and without consequence until its full or partial fulfilment. This may be done by telephone or by e-mail.

The contract concluded between the Parties with the purchase of the goods in Hungarian shall be deemed a written contract, which shall be registered by the Service Provider and kept by the Service Provider for 5 years after its conclusion.

1.5. The language of the contract is Hungarian.

1.6 The Service Provider does not submit to any code of conduct.

1.7. Contact details for customer services

- Customer service opening hours: 8-16 on working days
- Phone: +36 20 278 6150
- Internet address: smart-air.hu
- E-mail: info@smart-air.hu
2. ENTER DATA

2.1 You can enter your data by filling in the contact form on the Main Page or, if you contact us by telephone, we will collect your data if you have not previously provided it.

By submitting his/her data on the Website, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the Website and consents to the processing of data as set out in the Privacy Policy.

2.2.The Service Provider shall not be liable for any delivery delays or other problems or errors due to incorrect and/or inaccurate data provided by the Customer.

Changes and deletions of previously recorded data are made via email.

The Service Provider shall not be liable for any damage or error resulting from the alteration of the data provided by the Customer.
3. ORDER PROCESS

3.1 The essential properties, characteristics and instructions for the use of the goods may be obtained from the information page of the specific article, with the detailed actual properties of the goods being included in the instructions for use accompanying the product.

The Service Provider is deemed to have fulfilled its contractual obligations if the product has more favourable or preferable characteristics than the information provided on the website or in the instructions for use.

If you have any questions about the product before you buy, our customer service is ready to help. Where required by law, the instructions for use of the products we sell are included with the goods.

If you do not receive the mandatory instructions with the goods, please contact our customer service immediately before using the goods and we will replace them.

If you require more information about the quality, essential characteristics, use or usability of any goods on the Website than is provided on the Website, please contact our customer service, whose details and contact details are set out in section 1.7.

3.2 The purchase price is always the amount indicated next to the selected product, which, if not otherwise indicated, already includes VAT.

The purchase price of the products does not include the cost of installation and commissioning.

3.3 The Service Provider reserves the right to change the prices of the products available on the Website, with the modification taking effect at the same time as the change is published on the Website.

The change will not adversely affect the purchase price of products already ordered.

3.4 If, despite all due care, the Service Provider displays an incorrect price on the Website, in particular a clearly incorrect price, e.g. a “0” Ft or “1” Ft price that differs significantly from the generally accepted or estimated price of the product, or a price that is "0" Ft or "1" Ft due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.

Product images on this website are illustrations only and may differ from the actual product.

3.5. The Service Provider accepts the order in the form of an appointment reservation filled in with the Client's data or a written order from the Client's email address.

Ordering process:

Contact by phone, email or contact form
Survey, written offer
Booking, ordering
We will issue a quote for the 50% gross value of the selected equipment using the details provided when booking the appointment.
The order becomes final upon receipt of the payment. We will confirm the dates and send you the advance invoice.

For orders with a net value of HUF 100 000 or less, the service provider may deviate from the above process and may make an oral offer or accept an oral order.

5. BINDING OFFERS, CONFIRMATION OF ORDERS

5.1 The receipt of the offer (order) sent by the Customer shall be confirmed by the Service Provider to the Customer without delay, by means of a confirmation e-mail within 48 hours at the latest, which confirmation e-mail shall contain:

-the date of the order,

-list of items, quantity of items for the ordered product

-and the final amount to be paid.

This confirmation email only informs the Customer that his/her order has been received by the Service Provider.

5.2 The Customer is exempted from the obligation to make an offer if he does not receive a separate acceptance e-mail from the Service Provider regarding his order without delay, i.e. within 48 hours.

5.3 If the Customer has already sent his order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he must notify the Service Provider within 1 day.

The contract is subject to the provisions of Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
6. PAYMENT TERMS

The Service Provider offers payment by bank transfer and cash, credit card payment is not available.

Once the order is placed, we will issue a fee invoice for the value of the order 50%, which will be finalised upon payment.

The remaining 50% will be invoiced upon completion of the product and service ordered.

For orders of 100.000 HUF and less, a 100% payment in arrears is also possible by mutual agreement.
7.
7.1. Compulsory guarantee

7.1.1.The Service Provider has a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003 (IX. 22.), which means that during the warranty period, the Service Provider is only exempted from liability if it proves that the defect is due to improper use of the product.

7.1.2 The duration of the warranty (the warranty period) shall begin on the date of actual performance, i.e. on the date of delivery of the product to the Customer or, if the installation is carried out by the Service Provider or its agent, on the date of installation.

Durable consumer goods are the products listed in the Annex to Government Decree 151/2003 (IX.22.) on the mandatory warranty for certain durable consumer goods, for which the law provides for a mandatory warranty period of one year. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.

A defect is not covered by the warranty if the cause of the defect occurred after the delivery of the product to the Customer, for example, if the defect

- improper installation (unless the installation was carried out by the Service Provider or its agent, or the improper installation is due to a fault in the instruction manual)

- misuse, failure to observe the instructions for use, - incorrect storage, incorrect handling, damage.

In the event of a defect covered by the warranty, the Customer:

- in the first place, at its option, repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its original condition, the seriousness of the breach of contract and the damage caused to the Customer by the fulfilment of the warranty claim.

- if the Service Provider has not undertaken to repair or replace the defective product, cannot fulfil this obligation within a reasonable period of time, without prejudice to the interests of the Consumer, or if the Customer's interest in repair or replacement has ceased, the Customer may, at his/her option, request a proportionate reduction of the purchase price, repair the defect himself/herself or have it repaired by another party at the expense of the Service Provider, or withdraw from the contract. No cancellation may be made for minor defects.

If the Customer makes a replacement claim due to a defect in the product within three working days of purchase (installation), the Service Provider is obliged to replace the product, provided that the defect prevents its proper use.

The repair or replacement must be carried out within a reasonable time, taking into account the characteristics of the product and the intended use expected by the Customer, and without prejudice to the interests of the Customer. The Supplier shall endeavour to carry out the repair or replacement within a maximum of fifteen days.

Only new parts may be installed in the product during the repair.

The warranty period does not include the part of the repair period during which the Customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period shall start anew for the replaced (repaired) product (part of the product) and for the defect resulting from the repair.

7.1.3 The costs related to the fulfilment of the warranty obligation shall be borne by the Service Provider.

7.1.4 The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.

7.1.5 However, the Customer shall not be entitled to assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time and in parallel. Notwithstanding these limitations, the Buyer shall have the rights under the warranty irrespective of the entitlements set out in Clauses 9.1 and 9.2.

7.1.6 The warranty does not affect the Customer's statutory rights, in particular the right to claim for accessories, product warranty and damages.

7.1.7 If a dispute arises between the parties which cannot be settled amicably, the Customer may initiate a conciliation procedure, as set out in clause 12.2.
7.2. Voluntary guarantee

7.2.1 The Service Provider shall provide a warranty for the products sold by it for the period indicated on the Website in the Product description, which may be longer than the period specified in the Government Decree. The Service Provider shall communicate the duration of the warranty for each Product at the latest by means of the information on the warranty certificate (warranty ticket) provided at the time of receipt of the Product by the Customer.
8.
8.1. Accessories warranty

8.1.1.1 The Customer may assert a claim against the Service Provider for defective performance of the Service. In the case of a consumer contract, the Customer may assert a warranty claim within a limitation period of 2 years from the date of receipt for product defects that existed at the time of delivery of the product. After the two-year limitation period, the Customer may no longer enforce his rights under the warranty.

8.1.2 In the case of a contract concluded with a non-consumer, the rightful claimant may enforce his warranty claims during the limitation period of 1 year from the date of receipt.

9.1.3 The Customer may, at his option, request repair or replacement, unless the fulfilment of the Customer's chosen request is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other request.

If the Customer has not requested or could not request the repair or replacement, the Customer may request a proportionate reduction of the remuneration or the Customer may have the defect repaired or replaced by another party at the expense of the Service Provider or, in the last resort, may withdraw from the contract. There shall be no right of withdrawal for minor defects.

9.1.4 The Customer may switch from one warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.

9.1.5. The Customer shall notify the Service Provider of the error immediately upon discovery, but not later than two months after the discovery of the error.

9.1.6. The Customer may assert a warranty claim directly against the Service Provider.

9.1.7.9.1.7.9.1.7 Within six months from the date of performance of the contract, the Customer may assert a claim for defects, provided that he proves that he has purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice).

In such a case, the Service Provider will only be exempted from the warranty if it rebuts this presumption, i.e. proves that the defect in the product occurred after delivery to the Customer. If the Service Provider can prove that the cause of the defect is attributable to the Customer, it is not obliged to accept the Customer's warranty claim.

However, after six months from the date of performance, the Customer must prove that the defect which he/she has discovered existed at the time of performance.

9.1.8 If the Customer asserts a warranty claim in respect of a part of the product that can be separated from the product in respect of the defect indicated, the warranty claim shall not be deemed to be asserted in respect of the other parts of the product.
9.2. Product warranty

8.2.1 In the event of a defect in the product (movable item), the Customer, who is a consumer, may, at his/her option, assert a right to claim for a subsidiary warranty or a product warranty as set out in clause 9.1.

8.2.2 However, the Customer shall not be entitled to assert a warranty claim and a product warranty claim for the same defect at the same time and in parallel.

However, in the event of a successful product warranty claim, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

8.2.3 As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The Customer must prove that the product is defective in the event of a product warranty claim.

8.2.4 A product is considered to be defective if it does not meet the quality requirements in force at the time it was placed on the market or if it does not have the characteristics described by the manufacturer.

8.2.5 The Customer may assert a product warranty claim within two years of the date of placing the product on the market by the manufacturer. After this period has expired, the Customer shall lose this right. The Customer shall notify the manufacturer of the defect without delay after the defect has been discovered.

An error communicated within two months of its discovery shall be deemed to have been communicated without delay. The consumer shall be liable for any damage resulting from the delay in notification.

8.2.6. The Customer may exercise his/her product warranty claim against the manufacturer or distributor of the movable item (Service Provider).

8.2.7 For the purposes of the Civil Code, the manufacturer and distributor of a product are considered to be the manufacturer.

8.2.8 The manufacturer, distributor (Service Provider) shall be exempted from its product warranty obligation only if it can prove that:

- manufactured or marketed the product for purposes other than its business, or
- the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
- the defect in the product results from the application of a legal or regulatory requirement.

8.2.9 The manufacturer or distributor (Service Provider) only needs to prove one reason for exemption.
10.

9.1 The information on the Website is provided in good faith, but is for informational purposes only and the Service Provider is not responsible for the accuracy or completeness of the information.
9.2 The Customer may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, in addition to liability for breach of contract caused intentionally, by gross negligence or by a criminal offence, or for damage to life, limb or health.

9.3 The Service Provider excludes all liability for the conduct of users of the Website.

The Customer is fully and solely responsible for its own conduct, and the Service Provider will cooperate fully with the competent authorities in such a case in order to investigate any infringements.

9.4 The pages of the service may contain links to the pages of other service providers. The Service Provider is not responsible for the privacy practices or other activities of such service providers.

9.5 The Service Provider is entitled, but not obliged, to check the content that may be made available by the Customers during the use of the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activities with regard to the published content.

9.6 Due to the global nature of the Internet, the Customer agrees to act in compliance with the provisions of applicable national laws when using the Website.

If any activity related to the use of the Website is not permitted under the laws of the Customer's country, the Customer shall be solely responsible for such use.

9.7 If the Client notices any objectionable content on the Website, he/she shall immediately notify the Service Provider. If the Service Provider, in the course of its good faith conduct, considers the report to be justified, it shall be entitled to delete the information or to amend it without delay.
11, COPYRIGHT

10.1 The Website is protected by copyright.

The Service Provider is the copyright owner or the authorised user of all content displayed on the Website and in the provision of the services available through the Website: any copyright works and other intellectual works (including, but not limited to, all graphics and other materials, the layout and design of the Website, the software and other solutions, ideas and implementations used).

10.2 You may save or print out the content of the Website and parts thereof on a physical or other medium for private use or with the prior written consent of the Service Provider.

Any use other than for private purposes, such as storage in a database, transmission, publication or downloading, commercialisation, etc., is only possible with the prior written consent of the Service Provider.

10.3 In addition to the rights expressly set out in these GTC, no registration, use of the Website or any provision of these GTC shall give the Customer any right to any use or exploitation of any trade name or trademark displayed on the Website.

Apart from the display, temporary reproduction and private copying necessary for the proper use of the Website, these intellectual works may not be used or exploited in any form without the prior written consent of the Service Provider.
11. WAYS TO LODGE A COMPLAINT
11.1. Complaints handling

The Customer may submit consumer complaints about the product or the Service Provider's activities to the following contact details:

Customer support (Customer Service)

- Address: 1145 Budapest, Erzsébet királyné útja 19. II/7
- Telephone helpdesk opening hours: weekdays 8-16 hours Phone: +36 20 278 6150
- E-mail: info@smart-air.hu

The Customer may submit a consumer complaint about a product or activity using the contact details set out in point 12.1.

Under the legislation in force, the Service Provider will promptly investigate and, if necessary, remedy the verbal complaint (in the shop), if the nature of the complaint so permits.

If the Customer does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately take minutes of the complaint and its position on the complaint and shall provide the Customer with a copy of the minutes in the case of an oral complaint made in person, or, in the case of an oral complaint made by telephone, shall send the copy to the Customer no later than the time of the substantive reply specified in the section on written complaints, and shall proceed as provided for in the provisions on written complaints.

The Service Provider is obliged to investigate and respond to the written complaint within thirty days of receipt and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it shall state the reasons for its position in its substantive reply to the rejection.

The Service Provider shall keep the record of the complaint and a copy of the reply for five years.

The Service Provider shall accept the Customer's objections at the direct contact details provided in clause 12.1 during the opening hours of the customer service.
11.2. Other enforcement options

If any consumer dispute between the Service Provider and the Customer is not resolved through negotiations with the Service Provider, the following enforcement options are available to the Customer:

- Complain to the consumer authorities.

If the Customer detects a breach of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. Once the complaint has been examined, the authority will decide whether to initiate consumer protection proceedings.

- Conciliation Body.

For the out-of-court, amicable settlement of consumer disputes related to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings at the conciliation body of the professional chamber of the Service Provider's headquarters.

For the purposes of the rules on the Conciliation Board, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise, as defined in a separate Act, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.

Contact details of the Budapest Conciliation Board:

- 1016 Budapest, Krisztina krt. 99. III. floor. 310.
- Postal address: 1253 Budapest, PO Box 10.
- E-mail address: bekelteto.testulet@bkik.hu
- Fax: 06 (1) 488 21 86
- Telephone: 06 (1) 488 21 31

- Court proceedings. The customer is entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act IV of 1959 on the Civil Code and Act V of 2013 on the Code of Civil Procedure.
12. OTHER PROVISIONS

12.1. smart-air.hu is a Linux/PHP based information system, the security level is adequate, there is no risk in using it, but we recommend you to take the following precautions: use virus and spyware protection software with an up-to-date database, install security updates of the operating system.

Purchasing from the Website implies the Customer's knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology.

12.2 The Service Provider shall only serve orders for quantities for household use in its specialised shops and online shop.

12.3 The Service Provider is entitled to unilaterally modify the terms and conditions of these GTC at any time. The Service Provider shall inform the users of any amendments by e-mail prior to their entry into force. When the modifications enter into force, registered users must expressly accept them when logging on to the Site in order to use the Site.