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1.1. These GTC contain the terms and conditions that apply to the ENDOMEDIX Diagnostics Centres, so that ENDOMEDIX Korlátolt Felelősségű Társaság (registered office: 1139 Budapest, Esztergomi út 66. Fsz. 3. door., company registration number: 01-09-885846, tax number: 14034372-2-41), as Service Provider
1.1.1. for Health Care Services provided by the Provider and any legal relationship between the Provider and the Patient for the provision of Health Care, regardless of whether the terms and conditions of the Individual Contract have been accepted by the Patient in writing, orally or by implied conduct (in particular, such as the use of Health Care, subscription, payment of fees, which also constitute consent to the provision of Health Care), and
1.1.2. in connection with the terms and conditions of the sale of all products and goods available in the Webshop and the use of the services specified therein ("Order").
1.2 With respect to the provision of Health Care, even without signing the Individual Contract, any oral statement or implied conduct aimed at the Provider providing Health Care to the Patient (according to which the present GTCs shall apply on the basis of the subscription) shall be deemed to constitute the conclusion of an order. With respect to the Webshop, by placing an order, the Customer acknowledges that he/she has read, understood and accepted the contents of these GTC.
1.3 The General Terms and Conditions and the Individual Contract shall together constitute the Contract between the Parties in respect of the Health Care Services, while the General Terms and Conditions and the terms and conditions indicated on the relevant invoice shall together constitute the Contract between the Parties in respect of the Order. These GTCs regulate the matters deemed to be essential by the Service Provider, therefore, the automatic confirmation in the case of a Single Contract or Order does not in itself constitute the contractual intent of the Service Provider, and the Service Provider does not intend to conclude the Contract in the absence of agreement on the application of the GTCs. In the event of a conflict between the GTC and the invoice for the Individual Contract/Order, the invoice for the Individual Contract/Order shall prevail. The provisions of the GTC shall apply even if the Health Care was provided by the Provider before the written conclusion of the Individual Contract.
1.4 The Contract contains the entire agreement between the Parties. The Parties stipulate that no custom or practice agreed upon in their previous business relationship or established between them shall become part of the Contract. Neither shall it include a custom which is widely known and regularly applied in the relevant business sector by the parties to a contract of a similar nature.
1.5..) and the relevant provisions of Government Decree No. 373/2021 (VI.30.) on the detailed rules for contracts between consumers and businesses for the sale of goods and the provision of digital content and services.
6:78 (2) of the General Terms and Conditions of Service, which the Patient expressly accepts. Clause 1.1, Clauses 3.2, 3.6, 3.11, 3.12, 3.14, 4.3, 4.6, 5, 6 in relation to the Health Service, and Clauses 7.4, 7.8, 7.11, 8.10, 8.12, 9.3, 10.5, 10.6 and 14.1 in relation to Orders and use of the Webshop.
| Name of the Service Provider: | ENDOMEDIX Limited Liability Company |
| The registered office and postal address of the Service Provider: | 1139 Budapest, Esztergomi út 66. Building A. Fsz. 3. a |
| Service Provider's email address | [email protected] |
| Company registration number: | 01-09-885846 |
| Tax number: | 14034372-2-41 |
| Community tax number: | HU14034372 |
| Name of the registering authority: | Court of Justice of the Capital City Court |
| Phone number: | (1) 413-2500 |
| Bank account number: | 10918001-00000051-23430000 or other bank account indicated on the account |
| Language of the contract: | Hungarian |
| Email: | [email protected] |
3.1 The Service Provider undertakes to provide the Health Care Services that the Patient wishes to receive on the basis of the information provided to him/her, under the terms and conditions of the Contract.
3.2. Duty to cooperate and provide information: In using the Service, the Parties shall act in good faith and fairly and shall cooperate with each other. In this context, the Patient is obliged to inform the Service Provider (the relevant treatment staff) of all the information necessary to establish his medical history, to draw up an appropriate treatment plan and to carry out the interventions, in particular of any previous illness or treatment, any medication or medicinal product he has taken, any risk factors which may be harmful to his health and, in relation to his own illness, any information which may endanger the life or physical integrity of others, in particular any communicable diseases and occupational diseases and conditions. The Patient is also obliged to comply with the Service Provider's regulations, to provide credible proof of personal data, to comply with the instructions and professional recommendations relating to his/her treatment, to notify the Service Provider immediately in the event of a complaint and to pay the fee. The Provider shall not be held liable for the consequences arising from the failure to comply with this duty of cooperation or from the failure to behave responsibly as the Patient is expected to do.
3.3. Right to self-determination: The Patient makes use of Health Care on the basis of his/her right of free self-determination, in the exercise of which the Patient is free to decide whether to make use of Health Care and which interventions he/she consents to or refuses to undergo. The consequences and risks arising from the refusal of care shall be borne solely by the Patient.
3.4. Right to choose your doctor: The attending physician and staff representing the Service Provider shall be chosen by the Service Provider taking into account the Patient's request (subject to the further condition that the attending physician accepts the choice). In case of the chosen physician's incapacity or absence, the Service Provider shall arrange for a substitute. If the substitution is not accepted by the Patient, the Provider shall not be liable for any consequences of the resulting delay.
3.5. Right to information: Patients have the right to receive information and ask questions about their healthcare in a way that they can understand and in a personalised manner. By signing the Individual Contract and the information provided for in the specific document, the Patient acknowledges that he/she has been adequately informed, has had his/her questions answered and has freely chosen to receive Health Care.
3.6. The right of access to medical records: The patient has the right to access his/her medical records, which can be exercised primarily through EESZT, by requesting a paper copy of the records, for a fee. The Service Provider will not provide information or medical information on the results of the examination over the telephone, but only in person or by sending it to the email address provided. The Patient accepts that communication by email is not fully secure, however, if an email address is provided, the Service Provider is entitled to communicate via email and the Patient expressly consents to the Service Provider sending him/her medical data (e.g. findings, histopathological results, etc.) via email. The risk of unauthorised access to the email account provided by the Patient, the risk of loss or destruction of the email, the availability of adequate storage space, the existence of the technical conditions necessary to open the email account and the risk of possible cyber-attacks shall be borne solely by the Patient.
3.7. Documentation requirements: The Service Provider shall keep medical records of the examination and treatment of the Patient and upload the relevant data to EESZT as necessary.
3.8. The right to medical confidentiality: The Patient has the right to have the persons involved in his or her Health Care to disclose information, in particular the health and personal data of the Patient, which they have obtained in the course of their care, only to the authorised persons and to process it in accordance with the applicable legislation.
3.9. The right to human dignity: The Provider respects the human dignity of the Patient.
3.10. In the case of an incapacitated person, the consent and presence of the representative is also required for the conclusion of the Contract. In the case of a declaration by a representative, the rules provided for in the Civil Code shall apply mutatis mutandis.
3.11. Unforeseen situations: If an unforeseen complication occurs during the examination or treatment of the Patient and the Patient is not in a state to make a statement (e.g. intoxicated), it shall be presumed that the Patient requests the provision of all services and the administration of all medications necessary to eliminate the emergency. The Patient agrees to pay any additional charges that may be incurred in this connection, in addition to the charges set out in the price list. In the event of an emergency medical intervention, the Service Provider shall be entitled to arrange for the transfer to a medical institution providing appropriate care.
3.12. Contributors: Health Care may be provided either by a person employed by the Provider or by an Intermediary (including, in addition to the attending physicians, assistants, qualified health care professionals). The Provider shall exercise care in the selection of the Intermediary in order to ensure the satisfaction of the Patient. The Provider shall be entitled to involve another health care institution in the performance of the Contract if it is prevented from doing so.
3.13. Vis major: The Service Provider is not liable if it is unable to perform the Contract due to force majeure. Force Majeure shall relieve the Parties from the performance of their obligations under the Contract to the extent that the Force Majeure event prevents the Party concerned from performing its obligations under the Contract. The exemption shall be limited to the period during which the event in question continues to have effect. The Force Majeure Event shall not discharge the obligation to make payment. The Parties shall notify each other as soon as possible of any force majeure circumstances which result in non-performance or improper performance of the Contract for which they are not responsible and shall cooperate reasonably and justifiably with each other in accordance with the relevant provisions of the Civil Code in order to remedy the consequences. The Provider shall not be liable for termination of the Contract if it is unable to provide the Health Services due to the withdrawal of the necessary authorisations.
3.14. Breach of contract: The Service Provider is entitled to suspend, refuse or withdraw from the Contract if the Patient seriously or repeatedly breaches the Contract, in particular if the Patient seriously breaches his/her obligation to cooperate, does not comply with the rules laid down by the Service Provider, disturbs the peace of the Service Provider's staff or other patients or behaves in a grossly offensive or scandalous manner towards them, brings the Service Provider into disrepute or has overdue fees. In the event of termination due to serious breach of contract by the Patient, the Provider is entitled to retain the fee already paid.
4.1 The Service Provider shall provide the Health Care at the time agreed with the Patient, primarily by appointment. The Patient shall be obliged to appear at the agreed location at the pre-arranged time, in the condition and after preparation as previously informed.
4.2. Subscription. In case of an appointment, the Patient is obliged to provide the necessary information in person, by telephone or online. Appointments can be made on working days in person or by telephone during opening hours at the (1) 4132500, or at any other telephone number indicated on the Website, or online - to https://endomedix.hu The Patient may make a reservation through the methods published on the Website, possibly through the methods made possible by the provider of the online reservation system, which will be accepted upon confirmation by the Provider.
4.3. Confirmation. The Service Provider will send the confirmation to the email address provided by the Patient. Unless the Patient requests a correction of the confirmation within three (3) working days, the Patient accepts the confirmation as binding and confirms that he/she wishes to use the Health Care Service in accordance with the terms and conditions set out therein. The Patient may be contacted by the Service Provider at the telephone or email contact details provided for the purpose of consultation, confirmation or reminder.
4.4. Opening hours. The Service shall publish information on the opening hours on its Website. The Service Provider is not open on weekends and public holidays. The opening hours of each site may vary.
4.5. Place of performance. The Service Provider shall provide the Healthcare at the premises, branch or off-site location agreed with the Patient. The Provider shall publish the locations of its sites and branches on the Website at all times.
4.6. Remote consultation. Certain Health Care Services indicated as such on the Website may be provided in the absence of the Patient, in the framework of a teleconsultation using the infocommunication means indicated by the Service Provider, which shall be documented afterwards. The Patient shall be responsible for the safe use of the infocommunication devices on the Patient's side. In the case of remote consultation, the fee is payable in advance. By making use of the remote consultation, the Patient acknowledges that he/she accepts the provisions of the GTC and agrees to be bound by them and to the consultation by means of the infocommunication device indicated by the Service Provider. During the teleconsultation, the Service Provider shall provide the Health Care solely on the basis of the information provided by the Patient, and therefore may have limited information available in the absence of a personal examination.
4.7 The Patient shall pay a fee as consideration for the Health Care ordered by the Patient. The current fees for each Health Care Service shall be set out in the current price list (unless the Parties have deviated from it in writing). The Service Provider shall make the current price list available at the respective location (by posting it or providing it upon request) or make it available on its Website. The Patient accepts that no social security funding or subsidies are available for the Health Care Service, so it may only be used upon payment of the fee set out in the price list.
4.8 The Service Provider is entitled to unilaterally change the fees at any time by publishing a new price list. The Patient expressly accepts that he/she is liable to pay the fees for the given Health Care Service according to the current price list at the time of its provision, which may differ from the fees in force at the time of the subscription (and confirmation), and therefore the Patient is obliged to obtain information on the fees in force on the date of the actual use of the Health Care Service.
4.9 The fee - with the exception of the deposit - shall be paid by the Patient immediately after the provision of the Health Care, in Hungarian forints. The Patient may settle the fee in cash or by credit card (the Patient shall settle the fee with his/her health fund, if required).
4.10. In the event of late payment, interest on late payment and the recovery costs according to the Civil Code shall apply.
4.11. The Service Provider shall issue an invoice for the fee as a fee for human health care, free of VAT, to the cost bearer designated by the Patient (it is solely the Patient's risk whether the cost bearer can legitimately charge the invoice as a cost). In case of the use of an intermediary, the Service Provider is entitled to invoice the service provided by the intermediary as an intermediary service at the same or a modified price. The Service Provider shall provide the Patient with a paper invoice or, in the case of an electronic invoice, send it to the email address provided.
4.12. If a circumstance arises during the Health Care Service that justifies the provision of an additional Service, the Service Provider is entitled to perform it upon the verbal approval of the Patient and to invoice the fee for it according to the price list after the Health Care Service.
4.13. The Service Provider shall be entitled to assign or factor its claim against the Patient. The Service Provider is entitled to set off any of its claims for fees (such as cancellation or amendment fees) against the deposit or advance paid by the Patient.
4.14. The Patient agrees that in order to finalise the booking for certain Services and as confirmation of the Patient's commitment, the Patient shall pay the booking fee as a penalty fee according to the price list either by credit card or cash at the Provider's premises after the personal consultation or, in case of confirmation of the booking by email, within three working days after its delivery (if the price list so states, which the Provider shall draw the attention to in the confirmation).
The Patient accepts that if the person so booked fails to appear for any reason, does not wish to use the Health Care Service (including cancellation of the booking, withdrawal of consent) or the Provider terminates the Contract due to the Patient's breach of contract, the booking fee will be forfeited. Otherwise, the reservation fee is included in the fee for Health Care. The booking fee shall not exceed 30 % of the fee for the relevant Health Care Service.
5.1 In the event of the Patient's delay, the Service Provider may consider whether to provide the Health Care at the time of the appointment, but reserves the right to offer another time for the provision of the Health Care according to its schedule under other appointments, for which it shall not be liable for the consequences and any damages. In the event of a delay of more than fifteen minutes, the Patient will forfeit the booking fee and will be obliged to pay it again in order to make a new appointment. If the Service Provider is more than sixty minutes late, the Patient is entitled to request a new appointment, but shall not be entitled to compensation.
5.2 The Patient expressly accepts that the Provider may refuse to provide the Health Care in the absence of adequate preparations required by the Provider, in which case the Provider shall postpone the Health Care once. In this case, the reservation fee will be forfeited and the Patient will be obliged to pay it again for the new scheduled appointment. If the Patient does not arrive after the second appointment has been duly prepared, the Provider is entitled to cancel the appointment, in which case the Patient is obliged to pay the full amount of the booked Health Care Service (less the booking fee already paid).
5.3 If the Patient does not show up at the scheduled time, the reservation fee will be forfeited. The Provider will then attempt to contact the Patient using the contact details provided by the Patient and offer a new appointment. If the Patient fails to attend the second appointment, the Provider has the right to cancel the appointment, in which case the Patient will be liable to pay the full amount of the booked Health Care Service (less the booking fee already paid).
5.4 The Patient has the right to request a change of the booked appointment once, free of charge, at least five (5) days prior to the appointment in the case of anaesthesia procedures, and three (3) days prior to the appointment in other cases. Within this time limit, the Patient may only request a change of the appointment upon forfeiture of the booking fee (and its repayment). The Service Provider is entitled to initiate a change of the booked appointment once without any further consequences and to give a new appointment or to offer a substitute of the chosen doctor for the booked appointment in accordance with clause 3.4. If the Service Provider is unable to offer a new appointment, the Patient may cancel the appointment, in which case the booking fee shall be refunded.
5.5 The Patient has the right to cancel the Health Care or withdraw his/her consent, in which case he/she will forfeit the booking fee. If the cancellation or withdrawal of consent occurs after the commencement of the Health Care, the Patient shall be liable to pay the full amount of the ordered Health Care.
6.1 The Service Provider shall act with due diligence and in accordance with the applicable professional and ethical rules in the performance of the Contract. The Service Provider shall be free to choose the procedure to be applied if there are several professionally acceptable solutions available. The Patient acknowledges that any intervention, even if carried out with care and professionalism, involves risks (even if the Provider has carried out the necessary tests beforehand) and that, in the current state of medical science, the Provider cannot guarantee that certain Health Services will be effective for the Patient.
6.2 The Service Provider is not liable for any consequences if the Patient does not follow the instructions and professional recommendations regarding the treatment, does not attend a check-up, or does not comply with the
You do not inform the Service Provider of your condition, complaint or other treatment likely to cause an interaction as soon as possible after the provision of the service.
6.3 The Provider's liability for damages for negligent breach of contract is limited to a maximum of ten times the amount of the fee for the Health Care Service affected by the damage, but not more than the approved amount actually covered by the Provider's liability insurance. The Provider excludes liability for all indirect and consequential damages. Furthermore, the Provider shall not be liable for any part of the damage resulting from the breach of the Patient's obligations to prevent, repair and remedy damage. Claims for damages may be brought within a period of three (3) years from the date on which the damage occurred, after which time they shall be time-barred.
6.4 The Patient shall indemnify the Service Provider against all claims and demands made against the Service Provider by third parties other than the Parties in connection with the performance or non-performance of the Contract by the Service Provider.
6.5 The Service Provider excludes its liability for the risk of loss, destruction or damage of valuables brought by the Patient to the place of performance.
7.1.Purchases can be made without registration, however, certain features or discounts are only available by creating a user account. During registration, you must provide the information indicated there. For further registration data required when placing an order, please refer to the Privacy Policy.
7.2.The Customer logs in to the Webshop by entering his/her email address and password recorded during registration, where he/she adds the number of items he/she wishes to order to the shopping cart, and then selects the delivery address (for delivery abroad, see Annex 2). The Customer can view the contents of the shopping cart at any time by clicking on the "shopping cart" icon, and the contents of the cart can be modified or deleted.
7.3 If the Customer is satisfied that the contents of the shopping cart correspond to the product he/she wishes to order and the Customer's details are correct, he/she can finalize his/her order by clicking on the "Order" button.
7.4 The information provided on the Website does not constitute an offer to enter into a contract on the part of the Service Provider. In the case of orders covered by these GTC, the Customer shall be deemed to be the Bidder.
7.5 By clicking on the "Order" button, the Customer expressly acknowledges that his/her offer shall be deemed to have been made, to which the Customer shall remain bound and that the Order shall entail payment obligation in the event of acceptance by the Service Provider, in accordance with its terms.
7.6 The interface of the Webshop is available to Customers seven days a week between 0-24 hours, so the Customer can place an Order at any time.
7.7 The Service Provider is obliged to send a confirmation email immediately (but no later than 24 hours) after receipt of the order placed by the Customer, which will inform the Customer that the order has been received by the Service Provider.
7.8 The customer expressly acknowledges and accepts that the online store may contain incorrect conditions (incorrect price, out of stock, extended delivery time, etc.), so the confirmation of the service provider under this point does not constitute acceptance of the service provider - corresponding to the order - unchanged conditions, only automatic confirmation of receipt of the order. Accordingly, the service provider shall be entitled to accept the order on terms different from those indicated in the webshop until the invoicing, in which case it shall contact the customer individually and the parties shall agree whether the customer wishes to place the order on different terms.
7.9 If the confirmation is not received by the Customer within 48 hours of placing the order, or if the Service Provider otherwise wishes to accept the Order other than the conditions indicated in the Webshop, the Customer is released from his/her obligation to make an offer or contractual obligation.
7.10. If the Customer notices that the automatic confirmation email notification contains incorrect Customer data or other relevant data related to the delivery, the Customer shall notify the Service Provider of this fact by email without delay, at the same time as providing the correct data.
7.11. The Service Provider does not perform partial deliveries, so the complete Order will be delivered when all ordered items are available. In the event of a delay in delivery of more than four (4) working days, the Customer shall be entitled to cancel the order on the grounds of force majeure. In the event of cancellation, the Supplier shall not be liable to pay any compensation.
7.12. Unless otherwise specified in the Webshop or the individually specified delivery date, the Service Provider will typically deliver the ordered product in the selected delivery form within 1-3 working days after processing the order.
8.1 The displayed products can only be ordered online from the Webshop.
8.2.The prices displayed for the products are in HUF, gross prices, which do not include the fees incurred in connection with delivery, which are aggregated by the Webshop as a separate item before placing the Order. If the provision of a service or the sale of a product is exempt from value added tax, the Supplier shall issue the invoice accordingly.
8.3 In the event of the possible introduction of a special price, the Service Provider shall inform the Customers in the Webshop about the fact and the exact duration of the special price.
8.4. The Customer has the possibility to subscribe to a newsletter, which may also provide discounts. By subscribing, the Customer agrees to receive regular e-mail messages from the Service Provider, which may contain information about new products, promotions and special offers.
8.5 The Service Provider may provide discounts to subscribers to the newsletter of the Webshop, the current rules of which are published on the Webshop at any time.
8.6 By subscribing to the newsletter, the Customer accepts the privacy policy of the Service Provider as stated on the Service Provider's Website and agrees that his/her personal data will be processed by the Service Provider in connection with the newsletter service The Customer may unsubscribe from the newsletter at any time by clicking on the "unsubscribe" button.
8.7 If, despite all due diligence on the part of the Service Provider, a price is displayed on the Webshop for which the Service Provider does not have the will to enter into a contract, the Service Provider is not obliged to confirm the order at that price, but has the option to reject the offer and offer to confirm the price it deems appropriate, in the knowledge of which the Customer has the right not to accept the modified offer.
8.8 The Service Provider is entitled to change the prices unilaterally at any time. Changes to prices do not apply to Orders already placed.
8.9 Each product or service offered for sale on the Website has its own data sheet, which provides information on its details and essential characteristics in the descriptions indicated therein. The Customer expressly accepts that, in particular in relation to the services offered, such as microbiome testing, the fulfilment of the conditions indicated in the Webshop or in the instructions for use and any attached customer information leaflet is necessary for the Service Provider to be able to perform its contractual obligations. If the required conditions are not fulfilled for any reason beyond the control of the Service Provider (e.g. if the Customer does not comply with the instructions for use or the return instructions), the Service Provider cannot perform its service and is exempt from liability.
8.10. The Customer acknowledges the fact that the photographs used to present the products offered for sale on the Website are illustrations and may differ from the real appearance, in particular, that these factors may be significantly affected by the different settings of the web browser and monitor used.
8.11. The Service Provider will endeavour to make up for any shortage of certain products in accordance with their availability as indicated on the website, but does not guarantee that the availability is up to date on the Webshop.
8.12. The Service Provider does not sell prescription products through the Webshop.
9.1 The Order value can be paid by credit card.
9.2. Direct purchase with a health insurance card is not possible, but the Customer may request an invoice to be issued to the health insurance company when placing the Order, by providing the health insurance company's details. It is the Customer's responsibility to ensure that the items on the invoice can be billed to the health fund. The Supplier is not obliged to make any changes or subsequent amendments to the invoice other than the indication of the name and address of the health fund, the name of the Purchaser and the health fund membership ID, in order to make the payment to the health fund.
9.3. The Customer expressly consents to the issuance of an electronic invoice (e-invoice). The parties agree that the Service Provider will send the electronic invoices to the email address provided by the Customer. The parties agree that the date of sending the electronic invoice is the date of receipt of the invoice.
9.4 The Customer acknowledges that any and all costs incurred by the Customer in his/her interest shall be borne by the Customer. Such costs include, but are not limited to, transaction fees, the cost of transferring money from a bank account held with a foreign bank or the cost of making a cash deposit at a bank.
9.5 In order for the order to be successful, you must in any case accept the General Terms and Conditions of endomedix.hu and the Privacy Policy.
10.1 Orders will be processed and fulfilled by the Service Provider only on working days between 9:00 and 16:00 (Monday to Friday, excluding public holidays). Orders placed on Saturday or Sunday will be processed by the Service Provider on the next working day. The Service Provider cannot deliver to PO Box addresses.
10.2 Home delivery is carried out by the intermediaries indicated in the Webshop. Delivery will be made by default by home delivery or delivery to a parcel point.
10.3 Pricing: the current fees are as indicated in the Webshop.
10.4 Delivery terms:
10.4.1 Home delivery: the Customer can collect the Ordered Product at the time and place confirmed by the courier service.
10.4.1.1.1. Delivery to the delivery point: HUF 1.490,-. 1.1.4.1.1.1.1.1.1.1.1.1.1.1 The Customer may collect the parcel at any time within the time limit specified in the delivery notification at the parcel point indicated in the Order. The delivery charge is subject to change and the amount is always the amount currently indicated in the Webshop.
10.4.1.2 The delivery charge always includes VAT and packaging costs.
10.4.1.1.3 The Service Provider is entitled to charge a handling fee, which will be communicated in advance when the Order is summarised.
10.4.1.1.4 In the event of return, the cost of returning the goods shall always be borne by the Customer.
10.5 If the parcel is not accepted by the Customer, the Customer shall pay the return delivery fee. Re-delivery shall only be possible after reimbursement of this fee and full payment of the full amount of the Order.
10.6 The risk of damage shall pass upon acceptance of the Order by the Customer. Ownership of the product shall pass upon full payment of the purchase price. The Service Provider is entitled, under the terms and conditions of the courier service / service provider, to deliver the product to a person available at the place indicated by the Customer without having to verify the right of representation.
10.7. 6:127 of the Civil Code, the Customer is obliged to ascertain without delay whether the quality of the delivered product is satisfactory and whether the quantity corresponds to the quantity ordered. If he notices any damage to the goods or the packaging, he is entitled to request the courier to take a report.
10.8. The Service Provider shall inform the Customer of the delivery date agreed upon in the confirmation. The courier will normally attempt to deliver the parcel during working hours.
11.1.The Service Provider provides delivery/pick-up of the ordered products primarily within Hungary, but does not distinguish between customers within the territory of the European Union and customers outside Hungary when using the Website. The price and time limit for delivery abroad may differ from the terms and conditions for domestic delivery.
11.2.The Service Provider undertakes the delivery of Products to addresses outside Hungary only to the states specified in Annex 2 to these GTC. In the event of delivery to an address other than Hungary, additional costs may be incurred, which the Service Provider shall inform the Customer of in the confirmation or individually.
11.3.The language of purchase and communication is Hungarian. The Service Provider shall not be obliged to communicate with the Customer in the language of the Customer's nationality, but may use English at its discretion.
11.4 The Service Provider is not obliged to comply with any non-contractual requirements (such as labelling or industry-specific requirements, or to inform the Customer of such requirements) set out in the national law of the foreign Customer's Member State in relation to the product concerned.
11.5. The currency of payment: Hungarian forint, or another currency determined by the Service Provider.
12.1 Pursuant to Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014 (II,26) on the detailed rules for contracts between consumers and businesses, the Customer is entitled to withdraw from the Contract without giving any reason within 14 days of receipt of the products ordered by him/her, which have not been used, undamaged and unopened.
12.2 The Customer may also exercise the right of withdrawal in the period between the delivery and acceptance of the Order.
12.3 If the Customer wishes to exercise his/her right of withdrawal, he/she may do so either by means of an express and unambiguous declaration to this effect, or through the Webshop's dedicated interface, or by using the declaration template in Annex 2 of Government Decree No.45/2014 (26.II.26.).
12.4 The Customer may not exercise his/her right of withdrawal in cases under Article 29 of the Government Decree, in particular in the case of products in sealed packaging, which cannot be returned after delivery for reasons of hygiene or health protection, if the packaging has been opened.
12.5 The Service Provider shall refund the amount paid within 14 (fourteen) days after the return of the Product at the latest, with the proviso that the Service Provider shall be entitled to retain the amount to be refunded until the Customer has returned the Product (in the proper condition for withdrawal).
12.6. Return address:
ENDOMEDIX Ltd.
1139 Budapest, Esztergomi út 66, Building A, Ground Floor 3 (Dagály Sétány Apartment Building)
13.1. Accessories warranty:
13.1.1 In the event of defective performance by the Service Provider (i.e. if the Product does not comply with the contract or the law at the time of performance), the Customer may assert a claim for warranty of accessories against the Service Provider under the provisions of the Civil Code, or in the case of consumer contracts under the provisions of Government Decree 373/2021 (30.VI.).
13.1.2 The Service Provider shall be exempt from liability if the Customer has discovered the defect
knew or should have known at the time.
13.1.3 The Customer may assert warranty claims within 1 (one) year from the conclusion of the Contract as follows:
13.1.4 The Customer may, at his/her option, primarily request repair or replacement, unless the fulfilment of the chosen right of accessory warranty proves impossible or would involve disproportionate additional costs for the Service Provider, taking into account the value of the product in its defect-free condition, the severity of the breach of contract and the damage to the Customer's interests caused by the fulfilment of the right of accessory warranty.
13.1.5.Alternatively, the Customer may repair the defect or have it repaired by another party at the expense of the Service Provider, or may withdraw from the contract if the Service Provider has not undertaken to repair or replace the defect, or cannot fulfil this obligation within a reasonable period of time, taking into account the characteristics of the product and the purpose for which the Customer can expect it, taking into account the interests of the Customer, or if the Customer's interest in repair or replacement has ceased. No cancellation shall be made on the grounds of a minor defect.
13.1.6 The Buyer may switch from the right of warranty for accessories of his choice to another right, which he shall bear the costs incurred in connection with the switch. Exceptions to this are cases where the change was justified or the Service Provider gave a reason for it.
13.2. Product warranty:
13.2.1 As a product warranty claim, the Customer may only request the repair or replacement of the defective product. The product is defective if it does not meet the quality and quantity requirements in force at the time of placing on the market or if it does not have the characteristics described by the manufacturer.
13.2.2 The Customer may assert a product warranty claim within 2 (two) years from the date of placing the product on the market. Failure to meet this deadline shall result in the loss of rights.
13.2.3. The Customer must prove that the Product is defective.
13.2.4 The manufacturer (distributor) is exempted from its product warranty obligation if it proves that:
13.2.5 You may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time.
13.3. Goodwill: The Service Provider shall provide the statutory warranty for the Products to the extent that the Product is covered by the warranty under the law.
Sales price limit Standstill period
10.001 - 100.000 Ft 1 year
100.001 - 250 000 Ft 2 years
250.001 - 3 years
Email: [email protected]
Tel: 06-1-413-2500
Address: return address as set out in these GTC
14.1 The Customer expressly agrees that the extent of the liability of the Service Provider for damages caused by the defective performance of the Order shall not exceed the amount of the consideration paid for the product or service covered by the Order according to the defective performance.
14.2 The Service Provider shall not be liable for the continuous, error-free operation of the Webshop and other related Webshops. The Service Provider will use all possible means to prevent the Webshop from being attacked by viruses or malware. The Service Provider shall not be liable for any loss of data transmitted by the User via the Internet when using the Webshop. The User is responsible for the proper condition of his/her own hardware and software devices and for ensuring that they are suitable for using the Internet and the Webshop and for uploading and downloading content to the Internet.
15.1 The Webshop and all content (text, articles, product information, brochures, these GTC, etc., illustrations, images, other information and data) contained in the Webshop are considered copyrighted works under Act LXXVI of 1999 on Copyright, and are therefore protected by copyright.
15.2 It is prohibited to copy, record, reproduce, distribute, transmit, download, edit, resell or publish in any form, whether by analogue or digital means, the content of the Webshop. The use of any of the contents of the Website in any form, whether for commercial or other purposes, or the use of any application to modify the Website or any part of it, is subject to the prior written consent of the Service Provider. Even with the written consent of the copyright owner, any material from the Web Store and its database may only be reproduced by reference to the Web Store, with acknowledgement of the source.
16.1 The Customer may communicate a complaint by email, telephone or letter.
16.2 The Service Provider will investigate the oral complaint immediately and remedy it as necessary. If the Customer does not agree with the handling of the complaint, the Service Provider shall immediately take a record of the complaint and its position and provide the Customer with a copy of the record. If it is not possible to investigate the complaint immediately, the Service Provider shall take a record of the complaint and provide the Customer with a copy thereof.
16.3 The Service Provider will reply to the written complaint in writing within 30 days. A copy of the reply shall be kept for 3 years and presented to the supervisory authorities upon request.
16.4 If the attempt to settle the complaint amicably is unsuccessful, the Customer has the right to apply to the conciliation body specified below or to the court, and in case of suspected violation of consumer protection legislation, the Customer may file a complaint with the consumer protection authority (CPC).
16.5 If the complaint is rejected, the Customer may initiate proceedings before the conciliation body competent in the place of residence or domicile. The conciliation body shall be competent to settle consumer disputes out of court. The conciliation body shall be responsible for attempting to reach an agreement between the parties with a view to settling the consumer dispute and, if this is unsuccessful, shall decide on the matter. The conciliation body shall, at the request of the consumer or the Supplier, give advice on the rights and obligations of the consumer. The Service Provider shall not be bound by the recommendation of an arbitration panel.
16.6 Contact details of the competent conciliation bodies can be found at the following link: https://bekeltetes.hu/udvozlo
17.1 In order to conclude the Contract, the Patient / Customer shall provide the Service Provider with the personal data (and, if applicable, in the case of a Health Service, his/her health data) indicated in the Privacy Notice and identify himself/herself. These data and the resulting health data shall be processed by the Service Provider in accordance with the Privacy Notice and may be transferred, in particular, to the Service Provider's legal representative in the event of a failure to pay or a fee waiver, for the purposes indicated therein. The Privacy Notice is available at the following link: https://endomedix.hu/adatkezeles/.
17.2 The Parties shall accept as written communication in connection with the Contract, and thus as valid, the sending of the same by post by registered mail and by the other Party to the electronic mail address (email) specified in the Contract. Notification by registered or certified mail shall be deemed to have been made on the fifth day following the date of posting, even if the letter could not be delivered for reasons within the recipient's control, in particular if it is returned to the sender marked "not received", "not sought", "unknown" or "moved". The consignment shall be deemed to have been delivered on the date of receipt, on the date of the presumption of delivery and, in the case of e-mail, on the date of the acknowledgement of receipt.
Shipments addressed to the Service Provider should be sent to the following address:
ENDOMEDIX Limited Liability Company
Postal address: 1139 Budapest, Esztergomi út 66. building A. fszt. 3.
Email address: [email protected]
17.3 The limitation period for any claim against the Patient and the Customer under the Contract shall be interrupted by a written demand for payment of the claim.
17.4 If the Service Provider does not exercise its right under the Rules, this shall not be considered a waiver of the right. No waiver of any right shall be valid unless expressly stated in writing.
17.5 If any provision of the Contract would be invalid, this shall not affect the validity of the other provisions of the Contract and the invalid provision shall be replaced by a valid provision which is the most appropriate for the purpose of the provision.
17.6 The Patient/Customer is not entitled to set-off or assignment of claims.
17.7 The Contract embodies all the terms of the agreement between the Parties.
17.8 In matters not covered by the Contract, the rules of Hungarian law shall prevail.
17.9 In any dispute arising in connection with the Contract, the Parties shall consult beforehand and settle the dispute by amicable settlement. If the dispute is not settled by conciliation, it shall be settled by the Budapest IV and XV District Courts, depending on their jurisdiction, in cases falling within the jurisdiction of the District Court, and in other cases by the Hungarian courts having jurisdiction under the applicable laws.
17.10. The Contract shall be concluded in Hungarian, and Hungarian shall be the language of communication during the provision of the Supply and the preparation of the medical documentation. A Patient who does not speak Hungarian shall be obliged to employ an interpreter at his/her own expense in connection with the Health Care Service. The Service Provider may provide some documentation in English, but this is for information purposes only and in all cases the Hungarian text shall prevail. The Service Provider shall not provide interpretation or consultation in a foreign language.
17.11. The Service Provider shall be entitled to unilaterally amend the GTC at any time, which amended GTC shall apply after its publication. The amendment shall not apply to the terms and conditions of the Health Care Services already subscribed. In relation to Orders, the amendments shall not affect deliveries in progress (Orders already confirmed).
17.12. The Patient/Customer may submit a complaint regarding the Health Care or the Order to the contact details provided in these GTC. The Patient / Customer may, in the event of an unsatisfactory response to the complaint, contact the competent patient rights representative, the competent conciliation body (bekeltetes.hu).
These GTC are effective from 26 September 2024.
For the purposes of the Treaty, capitalised terms not specifically defined in the text shall have the meanings ascribed to them in the following:
Data Protection Notice: privacy notice published on the Website.
GTC: these Terms and Conditions.
EESZT: Electronic Health Service Space.
Health Care: the Health Service provided to the Patient and other related services provided by the Provider.
Health Service: all activities (including health care services provided by collaborating doctors) aimed at preserving the health of the Patient, as well as the examination and treatment, care, nursing, medical rehabilitation, pain and suffering reduction, and processing of the Patient's examination material for the purpose of prevention, early detection, diagnosis, treatment, care, nursing, medical rehabilitation, including the supply of medicines, medical aids, rescue and ambulance services, obstetric care, and obstetric care.
Individual Contract: by the Service Provider made available by the Provider and accepted in writing by the Patient, the Patient in respect of the provision of Health Care.
Eütv.: Act CLIV of 1997 on Health Care
Party, or Parties: means either the Provider or the Patient, depending on the context, or both Parties together.
Consumers: a natural person who is a consumer as defined in the Civil Code, acting outside the scope of his or her profession, self-employed activity or business.
Website: https://endomedix.hu
To order: the order placed by the Customer in the Webshop and the sale or provision of services between the Parties on the basis thereof.
Patient: the person using or receiving the Health Care (whether or not the Individual Contract is concluded through a representative or a third party acts as a cost bearer). If the obligation to pay the fee is fulfilled by a third party instead of the Patient, that person is also considered to be the Patient for the purposes of the payment obligations and is jointly and severally liable for the fee.
Ptk.: Act V of 2013 on the Civil Code.
Treaty: an agreement between the Parties, which (i) in the case of a Health Care Supply, includes the terms and conditions of the GTC and the Individual Contract, and (ii) in the case of an Order, includes the terms and conditions of the GTC and the terms and conditions indicated on the relevant invoice.
Service provider: ENDOMEDIX Limited Liability Company as defined in the introduction.
Customer: The person placing an order in the Webshop.
Vis major: Any external circumstance beyond the control of the Parties, force majeure, unforeseeable at the time of the conclusion of the Contract, the avoidance of which could not have been expected and which adversely affects or may adversely affect the performance of the Contract, shall be considered force majeure, which is neither the responsibility of the Provider nor the Patient (in particular but not exclusively: war, demonstrations, riots, strikes, natural disasters, epidemics, explosions, fires, industrial action, air disasters, disruption of electricity or other utility supply, disruption or breakdown of the internet, information technology systems, electronic mail systems or loss of data due to these, emergency).
Webshop: A https://endomedix.hu/webaruhaz/ webshop created and operated on a domain.
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