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1.1. These General Terms and Conditions (GTC) set out the conditions applicable to the ENDOMEDIX Diagnostic Centres, namely ENDOMEDIX Korlátolt Felelősségű Társaság (registered office: 1139 Budapest, Esztergomi út 66. A. ép. Fsz. 3. ajtó., company registration number: 01-09-885846, tax number: 14034372-2-41), as Service Provider, in respect of
1.1.1. the Healthcare Services it provides, and all legal relationships for Medical Care established between the Service Provider and the Patient, regardless of whether the Patient accepted the terms set out in the Individual Contract in writing, orally or by implied conduct (in particular, using the Medical Care, booking an appointment and paying the fee qualify as such, and these also constitute consent to the Medical Care), and
1.1.2. the conditions of sale of all products and goods available in the Webshop and of the use of the services specified there (“Order”).
1.2. With regard to Medical Care, any oral statement or implied conduct aimed at the Service Provider providing Medical Care to the Patient constitutes the conclusion of the engagement, even without the Individual Contract being signed (accordingly, these GTC already apply on the basis of a booking). By booking an appointment, the Patient acknowledges that they have read and understood the content of these GTC and accept them as binding on them. With regard to the Webshop, by placing an order the Customer acknowledges that they have read and understood the content of these GTC and accept them as binding on them.
1.3. With regard to Medical Care, the GTC and the Individual Contract, and with regard to Orders, the GTC and the conditions stated on the relevant invoice, together constitute the Contract concluded between the Parties. These GTC govern the matters that the Service Provider considers essential; therefore the Individual Contract alone, or in the case of an Order the automatic confirmation alone, does not reflect the Service Provider's contractual intent, and in the absence of an agreement on the application of the GTC the Service Provider does not wish to conclude the Contract. In the event of a conflict between the GTC and the Individual Contract / the invoice relating to the Order, the Individual Contract / the invoice relating to the Order prevails. The provisions of the GTC also apply if the Service Provider performed the Medical Care before the Individual Contract was concluded in writing.
1.4. The Contract contains the entire agreement between the Parties. The Parties agree that no custom they have agreed to apply in their previous business relationship, and no practice they have established between themselves, becomes part of the Contract. Furthermore, no custom widely known and regularly applied by parties to similar contracts in the given line of business becomes part of the Contract either.
1.5. Matters not regulated in these GTC and the interpretation of these GTC are governed by Hungarian law, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”) and, in connection with Orders, Act CVIII of 2001 on certain issues of electronic commerce services and information society services (E-Commerce Act), Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, and Government Decree 373/2021. (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods and the supply of digital content and digital services.
1.6. The Patient acknowledges and accepts that, by listing the following points of the GTC, the Service Provider, in accordance with Section 6:78 (2) of the Civil Code, expressly informs the Patient below of the general contract terms that differ materially from the law or from customary contractual practice, which the Patient expressly accepts: point 1.1; in connection with the Healthcare Services, points 3.2, 3.6, 3.11, 3.12, 3.14, 4.3, 4.6, 5 and 6; and in connection with Orders and the use of the Webshop, points 7.4, 7.8, 7.11, 8.10, 8.12, 9.3, 10.5, 10.6 and 14.1.
| Name of the Service Provider: | ENDOMEDIX Korlátolt Felelősségű Társaság |
| Registered office and postal address of the Service Provider: | 1139 Budapest, Esztergomi út 66. A ép. Fsz. 3. a |
| E-mail address of the Service Provider | info@endomedix.hu |
| Company registration number: | 01-09-885846 |
| Tax number: | 14034372-2-41 |
| EU VAT number: | HU14034372 |
| Name of the registering authority: | Company Registry Court of the Budapest-Capital Regional Court (Fővárosi Törvényszék Cégbírósága) |
| Phone: | (1) 413-2500 |
| Bank account number: | 10918001-00000051-23430000, or another bank account stated on the invoice |
| Language of the contract: | Hungarian |
| Email: | info@endomedix.hu |
3.1. Under the terms of the Contract, the Service Provider undertakes to provide the Healthcare Services that the Patient wishes to use on the basis of the information received.
3.2. Obligation to cooperate and to provide information: When using the service, the Parties must act in good faith and fairly and are obliged to cooperate. Accordingly, the Patient must inform the Service Provider (the relevant treating staff) of everything necessary to establish their medical history, to prepare an appropriate treatment plan and to carry out the procedures, in particular all previous illnesses, medical treatments, medicines or medicinal products taken and health risk factors, and – in connection with their own illness – everything that may endanger the life or physical integrity of others, in particular infectious diseases and illnesses and conditions that preclude them from practising their occupation. The Patient is further obliged to comply with the Service Provider's rules, to provide credible proof of their personal data, to follow the instructions and professional recommendations relating to their treatment, to notify the Service Provider without delay in the event of a complaint, and to pay the fee. The Service Provider excludes its liability for the consequences of any failure to properly fulfil this obligation to cooperate or to act with the responsibility that can be expected of the Patient.
3.3. Right to self-determination: The Patient uses the Medical Care on the basis of their right to free self-determination, in the exercise of which the Patient may freely decide whether they wish to use Medical Care and which procedures they consent to or refuse in the course of it. The consequences and risks arising from refusing care are borne solely by the Patient.
3.4. Right to free choice of doctor: The Service Provider selects the treating doctor and staff acting on its behalf, taking into account the Patient's request (subject also to the condition that the treating doctor concerned accepts the choice). If the chosen doctor is unavailable or absent, the Service Provider arranges for a substitute. If the Patient does not accept the substitute, the Service Provider excludes liability for the consequences of the resulting delay.
3.5. Right to information: The Patient has the right to receive individualised information about the Medical Care in a way they can understand, and to ask questions about it. By signing the Individual Contract and the information sheet provided as a separate document, the Patient acknowledges that they have received adequate information, that their questions have been answered and that they decided to use the Medical Care of their own free will.
3.6. Right to access medical records: The Patient is entitled to access the content of the medical records concerning them; this right can primarily be exercised via the EESZT (Electronic Health Service Space), and the Patient may request a paper copy for a fee. The Service Provider does not give information or health information about examination results by telephone, only in person or by sending it to the e-mail address provided. The Patient accepts that communication by e-mail is not completely secure; however, if an e-mail address is provided, the Service Provider is entitled to communicate through it, and the Patient expressly consents to the Service Provider sending health data (e.g. reports, histology results, etc.) to them by this means. The risks of unauthorised access to the e-mail account provided by the Patient, of the loss or destruction of the e-mail, of the availability of adequate storage space, of the existence of the technical conditions needed to open the e-mail account, and of any cyberattacks are borne solely by the Patient.
3.7. Documentation obligation: The Service Provider keeps medical records relating to the Patient's examination and treatment and, where necessary, uploads the relevant data to the EESZT.
3.8. Right to medical confidentiality: The Patient is entitled to have the persons involved in their Medical Care disclose any information that comes to their knowledge in the course of care, in particular the Patient's health and personal data, only to those entitled to it, and handle it in accordance with the relevant legislation.
3.9. Right to human dignity: The Service Provider respects the human dignity of the Patient.
3.10. In the case of a person lacking legal capacity, the consent and presence of their representative is also required to conclude the Contract. In the case of a legal statement made by a representative, the rules laid down in the Health Care Act (Eütv.) apply accordingly.
3.11. Unforeseen situations: If an unforeseen complication arises during the Patient's examination or treatment and the Patient is not in a state to make a statement at that time (e.g. sedated), it shall be presumed that the Patient requests all services and the administration of all medicines necessary to eliminate the emergency. The Patient undertakes to pay any additional fees incurred in this process, in line with the fees in the price list made known to them. If urgent medical intervention becomes necessary, the Service Provider is entitled to arrange transfer to a healthcare institution able to provide appropriate care.
3.12. Contributors: Medical Care may be provided either by a person employed by the Service Provider or by a contributor (including, in addition to the treating doctors, assistants and qualified healthcare workers). The Service Provider exercises due care in selecting contributors, with a view to Patient satisfaction. The Service Provider is entitled to involve another healthcare institution in the performance of the Contract if it is itself prevented from performing.
3.13. Force Majeure: The Service Provider is not liable if it cannot perform the Contract as a result of Force Majeure. Force Majeure releases 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 contractual obligations. The release applies only for as long as the effect of the event in question persists. Force Majeure does not release a Party from payment obligations. The Parties will notify each other as soon as possible of any Force Majeure circumstances resulting in non-performance or improper performance of the Contract for which neither Party is responsible, and will cooperate with each other reasonably and justifiably to avert the consequences, in accordance with the relevant rules of the Civil Code. The Service Provider is not liable for the termination of the Contract if it cannot provide the Healthcare Services because the necessary licences have been revoked.
3.14. Breach of contract: The Service Provider is entitled to suspend or refuse the Service or to withdraw from the Contract if the Patient seriously or repeatedly breaches the Contract, in particular if they seriously breach their obligation to cooperate, fail to comply with the rules laid down by the Service Provider, disturb the peace of the Service Provider's staff or other patients or behave towards them in a grossly offensive or scandalous manner, damage the Service Provider's reputation, or have overdue fees outstanding. In the event of termination due to a serious breach of contract by the Patient, the Service Provider is entitled to retain any fee already paid.
4.1. The Service Provider provides the Medical Care as agreed with the Patient, primarily at the booked time. The Patient must attend the agreed site at the booked time, in the condition required by the prior information and after the necessary preparation.
4.2. Booking. When booking, the Patient must provide the necessary data in person, by telephone or online. Appointments can be booked on working days in person or by telephone during opening hours at the (1) 4132500, or on any other phone number indicated on the Website from time to time, or online – in the ways published on the https://endomedix.hu Website, or where applicable in the ways made possible by the provider operating the online booking system. The booking becomes valid once it is confirmed by the Service Provider.
4.3. Confirmation. The Service Provider sends the confirmation to the e-mail address provided by the Patient. Unless the Patient requests correction of its contents within three (3) working days, the Patient accepts the contents of the confirmation as binding on them and confirms that they wish to use the Medical Care in the knowledge of the conditions set out in it. The Service Provider may contact the Patient at the telephone number or e-mail address provided in order to arrange details, request confirmation or send a reminder.
4.4. Opening hours. The Service Provider publishes information on its opening hours on its Website. The Service Provider is closed at weekends and on public holidays. Opening hours may differ between sites.
4.5. Place of performance. The Service Provider provides the Medical Care at the site, branch or external location agreed with the Patient. The Service Provider publishes its current sites and branches on the Website.
4.6. Remote consultation. Certain Medical Care services marked as such on the Website may also be used without the Patient being present, in the form of a remote consultation using info-communication tools specified by the Service Provider, which is documented afterwards. The Patient is responsible for the secure use of the info-communication tools on the Patient's side. For remote consultations, the fee must be paid in advance. By using a remote consultation, the Patient acknowledges that they accept the provisions of the GTC as binding on them and consents to the consultation via the info-communication tool specified by the Service Provider. During a remote consultation, the Service Provider provides the Medical Care solely on the basis of the information supplied by the Patient; therefore, in the absence of an in-person examination, only limited information may be available to it.
4.7. The Patient must pay a fee in consideration for the Medical Care they order. The current fees for each Medical Care service are set out in the valid price list (unless the Parties have agreed otherwise in writing). The Service Provider makes the current price list available at its sites (displays it or hands it over on request) and publishes it on its Website. The Patient accepts that no social security funding or subsidy is available for the Medical Care, so it can only be used upon payment of the fee according to the price list.
4.8. The Service Provider is entitled to amend the fees unilaterally at any time by publishing a new price list. The Patient expressly accepts that for a given Medical Care service they must pay the fee according to the price list in force at the time the service is provided, which may differ from the fees in force at the time of booking (and confirmation); the Patient must therefore always check the fees in force on the day the Medical Care is actually used.
4.9. With the exception of the deposit, the Patient must pay the fee in Hungarian forints immediately after the Medical Care has been provided. The Patient may pay the fee in cash or by bank card (where applicable, the Patient is responsible for settling the account with their health fund).
4.10. In the event of late payment, default interest and a flat-rate debt recovery cost allowance apply in accordance with the Civil Code.
4.11. As the fee relates to human healthcare, the Service Provider issues a VAT-exempt invoice for it to the payer designated by the Patient (it is solely the Patient's risk whether the payer concerned can lawfully account for the invoice as an expense). If a contributor is used, the Service Provider is entitled to re-invoice the service provided by the contributor as an intermediated service, at an unchanged or modified price. The Service Provider hands a paper invoice to the Patient and sends an electronic invoice to the e-mail address provided.
4.12. If, during the Medical Care, circumstances arise that justify the provision of an additional Service, the Service Provider is entitled to carry it out with the Patient's oral approval and to invoice its fee according to the price list after the Medical Care.
4.13. The Service Provider is entitled to assign or factor its claims against the Patient. The Service Provider is entitled to set off any fee claim (including cancellation or rescheduling fees) against the deposit or advance paid by the Patient.
4.14. The Patient accepts that, in order to finalise the booking for certain Services and to confirm the Patient's commitment, the Patient must pay the booking fee according to the price list as forfeit deposit, either by bank card or in cash at the Service Provider's site following the in-person consultation or, if the booking is confirmed by e-mail, within three working days of its delivery (if the price list includes such a fee, to which the Service Provider draws attention in the confirmation).
The Patient accepts that if, having booked in this way, they do not attend for any reason or do not wish to use the Medical Care (including cancelling the booking or withdrawing consent), or if the Service Provider terminates the Contract due to a breach of contract by the Patient, they forfeit the booking fee. Otherwise, the booking fee is counted towards the fee for the Medical Care. The booking fee may not exceed 30 % of the fee for the Medical Care concerned.
5.1. If the Patient is late, the Service Provider may decide whether to provide the Medical Care at the booked time, but reserves the right to offer another time for the Medical Care in line with its schedule based on other bookings, and is not liable for any resulting consequences or damage. If the Patient is more than fifteen minutes late, they forfeit the booking fee and must pay it again to book a new appointment. If the Service Provider is delayed by more than sixty minutes, the Patient is entitled to request a new appointment but is not entitled to compensation.
5.2. The Patient expressly accepts that, in the absence of the appropriate preparation prescribed by the Service Provider, the Service Provider may refuse to provide the Medical Care, in which case the Service Provider postpones the Medical Care once. In this case, the Patient forfeits the booking fee and must pay it again for the new appointment. If the Patient again arrives without the appropriate preparation on the second occasion, the Service Provider is entitled to withdraw, in which case the Patient must pay the full fee for the booked Medical Care (less the booking fee already paid).
5.3. If the Patient does not attend at the booked time, they forfeit the booking fee. The Service Provider will then try to reach the Patient using the contact details provided and offer a new appointment. If the Patient does not attend the second appointment either, the Service Provider is entitled to withdraw, in which case the Patient must pay the full fee for the booked Medical Care (less the booking fee already paid).
5.4. The Patient is entitled, on one occasion, to request a change to the booked appointment free of charge, at least five (5) days before the appointment for procedures under anaesthesia and at least three (3) days before in other cases. Within this deadline, the Patient may only request a change of appointment by forfeiting the booking fee (and paying it again). The Service Provider is entitled, on one occasion and without further consequences, to initiate a change to the booked appointment and offer a new appointment, or to offer a substitute for the chosen doctor at the booked appointment in accordance with point 3.4. If the Service Provider cannot offer a suitable new appointment on this basis, the Patient may withdraw, in which case the booking fee is refunded to them.
5.5. The Patient is entitled to cancel the Medical Care or withdraw their consent, in which case they forfeit the booking fee. If the refusal or withdrawal of consent takes place after the Medical Care has begun, the Patient must pay the fee for the entire Medical Care ordered.
6.1. In performing the Contract, the Service Provider must act with the care that can be expected of it and in accordance with the relevant professional and ethical rules. The Service Provider is free to choose the procedure to be used if several professionally acceptable solutions are available. The Patient acknowledges that every procedure involves risk even when carried out carefully and professionally (even if the Service Provider has carried out the justified examinations in advance) and that, given the current state of medical science, the Service Provider cannot guarantee that particular Healthcare Services will be successful for a given Patient.
6.2. The Service Provider is not liable for any consequences if the Patient does not follow the instructions and professional recommendations relating to their treatment, does not attend follow-up examinations or, after the Medical
Care, does not inform the Service Provider as soon as possible of any deterioration in their condition, any complaint, or any other treatment that may cause an interaction.
6.3. The Service Provider limits its liability for damages in connection with a breach of contract resulting from negligence: it may not exceed ten times the fee for the Medical Care affected by the damage, and in any case no more than the approved amount actually covered by the Service Provider's liability insurance. The Service Provider excludes its liability for all indirect and consequential damage. Furthermore, the Service Provider is not liable for the part of the damage that results from the Patient's breach of their obligation to prevent, avert and mitigate damage. Claims for damages may be enforced within three (3) years of the occurrence of the damage, after which they become time-barred.
6.4. The Patient must 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 Service Provider's performance of, or failure to perform, the Contract.
6.5. The Service Provider excludes its liability for the risk of loss, destruction or damage of valuables brought to the place of performance by the Patient.
7.1. Purchases are possible without registration, but certain functions or discounts are only available by creating a user account. During registration, the data indicated there must be provided. You can find information about the further registration data required when placing an order in the Privacy Notice.
7.2. The Customer logs in to the Webshop by entering the e-mail address and password recorded during registration, places the desired quantity of the product they wish to order in the basket, and then selects the delivery address (for delivery abroad, Annex 2 applies). The Customer can view the contents of the basket at any time by clicking on the “basket” icon; its contents can be modified or deleted.
7.3. Once the Customer has made sure that the contents of the basket correspond to the product they wish to order and that their details are correct, they can finalise the order by clicking the “Order” button.
7.4. The information published on the Website does not constitute an offer by the Service Provider to conclude a contract. For orders covered by these GTC, the Customer is the offeror.
7.5. By pressing the “Order” button, the Customer expressly acknowledges that their offer is to be regarded as made and that they remain bound by it, and that, if accepted by the Service Provider, the Order entails a payment obligation in accordance with its terms.
7.6. The Webshop interface is available to Customers every day of the week, 0-24 hours, so the Customer can place an Order at any time.
7.7. After receiving an order placed by the Customer, the Service Provider must send a confirmation by e-mail without delay (but within 24 hours at the latest), informing the Customer that their order has been received by the Service Provider.
7.8. The Customer expressly acknowledges and accepts that the Webshop may contain incorrect conditions (incorrect price, out-of-stock items, extended delivery time, etc.); therefore, a confirmation by the Service Provider under this point does not constitute acceptance by the Service Provider under unchanged conditions corresponding to the order, but merely an automatic confirmation that the order has been received. Accordingly, until invoicing, the Service Provider is entitled to accept the order on terms different from those shown in the Webshop, in which case it contacts the Customer individually and the Parties agree whether the Customer still wishes to place the order on the different terms.
7.9. If the confirmation does not reach the Customer within 48 hours at the latest of placing the order, or if the Service Provider otherwise wishes to accept the Order on terms different from those shown in the Webshop, the Customer is released from their offer or contractual obligation.
7.10. If the Customer notices that the automatic confirmation e-mail contains incorrect Customer data or other essential delivery-related data, they must notify the Service Provider of this by e-mail without delay, providing the correct data at the same time.
7.11. The Service Provider does not make partial deliveries, so the entire Order is shipped when all ordered items are available. If the Service Provider is more than four (4) working days late with respect to the delivery deadline, the Customer is entitled to withdraw on the grounds of loss of interest. In the event of withdrawal, the Service Provider is not liable to pay compensation.
7.12. Unless otherwise stated in the Webshop or in an individually specified delivery deadline, the Service Provider typically hands over the ordered product for delivery by the selected shipping method within 1-3 working days of processing the order.
8.1. The products displayed in the Webshop can only be ordered online, via the Webshop.
8.2. The prices displayed for products are in forints and are gross prices, but they do not include delivery charges, which the Webshop totals as a separate item before the Order is placed. If a service is provided or a product is sold VAT-exempt, the Service Provider issues the invoice accordingly.
8.3. If a sale price is introduced, the Service Provider informs Customers of this and of its exact duration in the Webshop.
8.4. The Customer may subscribe to a newsletter, which may also provide discounts. By subscribing, the Customer agrees to receive regular e-mails from the Service Provider, which may contain information about new products, promotions and special offers.
8.5. The Service Provider may offer discounts to subscribers to the Webshop newsletter; the current rules for any such discounts are always published in the Webshop.
8.6. By subscribing, the Customer accepts the Service Provider's privacy policy published on its Website and agrees that the Service Provider processes their personal data in connection with the newsletter service. The Customer can unsubscribe from the newsletter at any time by clicking the “unsubscribe” button.
8.7. If, despite all the Service Provider's care, a price appears on the Webshop interface at which the Service Provider has no intention to contract, the Service Provider is not obliged to confirm the order at that price, but may refuse the offer and offer confirmation at a price it considers appropriate; in the knowledge of this, the Customer has the right not to accept the modified offer.
8.8. The Service Provider is entitled to change prices unilaterally at any time. Price changes do not apply to Orders already placed.
8.9. Every product or service offered for sale on the website has its own data sheet, which provides information about its details and essential characteristics in the descriptions shown there. The Customer expressly accepts that, in particular for the services offered – such as the microbiome test – the conditions set out in the Webshop, in the instructions for use in the package and in any attached customer information must be met for the Service Provider to be able to perform in accordance with the contract. If the required conditions are not met for any reason not attributable to the Service Provider (e.g. the Customer does not follow the instructions for use or the rules for returning the sample), the Service Provider cannot perform its service and is released from liability.
8.10. The Customer acknowledges that the photographs used to present the products offered for sale on the Website are illustrations and may differ from the actual appearance, particularly as this can be significantly affected by different settings of the web browser and monitor used.
8.11. The Service Provider endeavours to replenish any shortages of individual products in line with the availability shown on the website, taking stock changes into account, but does not guarantee that the Webshop shows availability up to date.
8.12. The Service Provider does not sell prescription-only products through the Webshop.
9.1. The price of the Order can be paid by bank card.
9.2. Direct purchase with a health fund card is not possible, but when placing the Order the Customer may request an invoice that can be claimed from their health fund, by providing their health fund details. It is the Customer's responsibility to check whether the items on the invoice can be claimed from the health fund. Apart from showing the name and address of the health fund and the customer's name and health fund membership number, the Service Provider is not obliged to make further changes or subsequent amendments to the invoice because of the intention to pay via a health fund.
9.3. The Customer expressly consents to being issued exclusively electronic invoices (e-invoices). The Parties agree that the Service Provider sends electronic invoices to the e-mail address provided by the Customer. The Parties agree that the day on which the electronic invoice is sent is the day on which the invoice is received.
9.4. The Customer acknowledges that all costs arising within their sphere of interest are borne by the Customer. Such costs include in particular, but are not limited to, transaction fees, the cost of transfers from a bank account held with a foreign bank, and the cost of cash deposits at a bank.
9.5. For the order to be successful, you must in all cases accept the endomedix.hu General Terms and Conditions and Privacy Notice.
10.1. The Service Provider processes and fulfils orders only on working days between 9:00 and 16:00 (Monday to Friday, excluding public holidays). Orders placed on Saturday or Sunday are processed by the Service Provider on the next working day. The Service Provider cannot deliver to P.O. box addresses.
10.2. Home delivery is carried out by the contributors indicated in the Webshop. By default, delivery is by home delivery or to a parcel point.
10.3. Charges: The current charges are as shown in the Webshop.
10.4. Delivery conditions:
10.4.1. Home delivery: the Customer can receive the Ordered product at the time and place notified by the courier service.
10.4.1.1. Delivery to a parcel point: 1.490,- Ft. The Customer can collect the parcel at any time at the parcel point selected when ordering, within the deadline stated in the delivery notification. The delivery charge may change; the amount currently shown in the Webshop always applies.
10.4.1.2. The delivery charge always includes VAT and packaging costs.
10.4.1.3. The Service Provider is entitled to charge a handling fee, which it communicates in advance in the Order summary.
10.4.1.4. In the event of a return, the cost of returning the goods is always borne by the Customer.
10.5. If the Customer does not collect the parcel, the Customer must pay the return shipping charge. Redelivery is only possible after this charge has been reimbursed and the full price of the Order has been paid in full.
10.6. The risk of damage passes when the Customer receives the Order. Ownership of the product passes upon full payment of the purchase price. In accordance with the courier service's / provider's own terms, the Service Provider is entitled to hand over the product to a person available at the place designated by the Customer, without verifying that person's authority to act as representative.
10.7. Upon receipt of the ordered product, the Customer must, pursuant to Section 6:127 of the Civil Code, check without delay whether the quality of the delivered product is adequate and whether its quantity corresponds to the quantity in the Order. If they notice damage to the product or packaging, they are entitled to ask the courier to draw up a report.
10.8. In the confirmation, the Service Provider informs the Customer of the delivery date it undertakes. The courier generally attempts to deliver parcels during working hours.
11.1. The Service Provider primarily provides delivery/collection of ordered products within Hungary, but in the use of the Website it does not distinguish between customers in Hungary and customers outside Hungary within the European Union. The charge and deadline for delivery abroad may differ from the conditions for domestic delivery.
11.2. The Service Provider only undertakes to deliver products to addresses outside Hungary in the states listed in Annex 2 of these GTC. For delivery addresses outside Hungary, additional costs may arise, of which the Service Provider informs the Customer in the confirmation or individually.
11.3. The language of purchase and communication is Hungarian. The Service Provider is not obliged to communicate with the Customer in the language of the Member State of which they are a citizen, but may, at its discretion, allow the use of English.
11.4. The Service Provider is not obliged to comply with non-contractual requirements relating to the product concerned laid down in the national law of the foreign Customer's Member State (such as labelling or sector-specific requirements), or to inform the Customer of these requirements.
11.5. Currency of payment: Hungarian forint, or another currency specified individually by the Service Provider.
12.1. Under Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II,26.) on the detailed rules of contracts between consumers and businesses, the Customer is entitled to withdraw from the Contract without giving reasons within 14 days of receiving the unused, undamaged and unopened products they ordered.
12.2. The Customer may also exercise their right of withdrawal in the period between placing the Order and receiving it.
12.3. If the Customer wishes to exercise their right of withdrawal, they may do so by means of an explicit and unambiguous statement to that effect, via the Webshop interface provided for this purpose, or by using the model statement in Annex 2 of Government Decree 45/2014. (II.26.).
12.4. The Customer may not exercise the right of withdrawal in the cases specified in Section 29 of the Government Decree, in particular in the case of sealed products which cannot be returned after delivery for hygiene or health protection reasons, if the packaging has been opened.
12.5. The Service Provider refunds the amount paid within 14 (fourteen) days at the latest after the Product has been returned, provided that the Service Provider is entitled to withhold the amount to be refunded until the Customer has returned the product (in the proper condition required for withdrawal).
12.6. Return address:
ENDOMEDIX Kft.
1139 Budapest, Esztergomi út 66. A épület, Földszint 3. (Dagály Sétány Társasház)
13.1. Warranty for defects:
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 enforce a warranty claim for defects against the Service Provider under the provisions of the Civil Code and, in the case of a consumer contract, Government Decree 373/2021 (VI.30.).
13.1.2. The Service Provider is released from liability if, at the time the Contract was
concluded, the Customer knew or should have known of the defect.
13.1.3. The Customer may enforce their warranty claims within 1 (one) year of the conclusion of the Contract, as follows:
13.1.4. The Customer may primarily request, at their choice, repair or replacement, unless fulfilling the chosen warranty right proves impossible or would involve disproportionate additional costs for the Service Provider, taking into account the value the product would have in a defect-free condition, the seriousness of the breach of contract and the harm caused to the Customer's interests by fulfilling the warranty right.
13.1.5. Secondarily, the Customer may repair the defect themselves or have it repaired by someone else at the Service Provider's expense, or may withdraw from the contract, if the Service Provider has not undertaken repair or replacement, or cannot fulfil this obligation within an appropriate period – taking into account the characteristics of the product and the purpose the Customer could expect – with the Customer's interests in mind, or if the Customer's interest in repair or replacement has ceased. Withdrawal is not possible for an insignificant defect.
13.1.6. The Customer may switch from the warranty right they have chosen to another, and must bear the costs incurred in connection with the switch. The exception is where the switch was justified or the Service Provider gave cause 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. A product is defective if it does not meet the quality and quantity requirements in force when it was placed on the market, or does not have the characteristics stated in the manufacturer's description.
13.2.2. The Customer may enforce their product warranty claim within 2 (two) years of the product being placed on the market. Failure to meet this deadline results in loss of rights.
13.2.3. The defect of the Product must be proven by the Customer.
13.2.4. The manufacturer (distributor) is released from its product warranty obligation if it proves that:
13.2.5. The Customer may not enforce a warranty claim for defects and a product warranty claim in parallel for the same defect.
13.3. Guarantee: The Service Provider provides the guarantee required by law for the Products, if the Product in question falls within the scope of a guarantee under the law.
Sales value band Guarantee period
10.001 – 100.000 Ft 1 year
100.001 – 250 000 Ft 2 years
250.001 – 3 years
Email: rendeles@endomedix.hu
Tel.: 06-1-413-2500
Address: the return address set out in these GTC
14.1. The Customer expressly accepts that the Service Provider's liability for damage caused by defective performance of an Order may not exceed the price paid for the product or service affected by the defectively performed Order.
14.2. The Service Provider accepts no liability for the continuous, error-free operation of the Webshop and other webshops linked to it. The Service Provider makes every effort to prevent the Webshop from being attacked by viruses or malware. The Service Provider is not liable for any loss of data transmitted over the internet by the User while using the Webshop. The User is responsible for the proper condition of their own hardware and software and for ensuring that these are suitable for using the internet and the Webshop and for uploading and downloading content to and from the internet.
15.1. The Webshop and all content in the Webshop (text, articles, product descriptions, information, these GTC, etc., figures, images, other information or data) qualify as copyright works under Act LXXVI of 1999 on Copyright and are therefore protected by copyright.
15.2. It is prohibited to make copies of the content in the Webshop in any form, or to record it by analogue or digital means, reproduce, distribute, transmit, download, edit, resell or publish it. Any use of any content of the Webshop in any form, whether for commercial or other purposes, and the use of any application with which the Webshop or any part of it can be modified, is only possible with the prior written consent of the Service Provider. Material may be taken from the Webshop and its database, even with the written consent of the copyright holder, only with reference to the Webshop and with the source indicated.
16.1. The Customer may submit their complaint by e-mail, by telephone or by letter.
16.2. The Service Provider examines oral complaints immediately and remedies them as necessary. If the Customer does not agree with the handling of the complaint, the Service Provider immediately draws up a record of the complaint and its position on it and hands a copy to the Customer. If immediate investigation of the complaint is not possible, the Service Provider draws up a record of the complaint and hands a copy to the Customer.
16.3. The Service Provider replies to written complaints in writing within 30 days. It keeps a copy of the reply for 3 years and presents it to the supervisory authorities on request.
16.4. If the attempt to settle the complaint amicably is unsuccessful, the Customer is entitled to turn to the conciliation board specified below or to a court and, if a breach of consumer protection legislation is suspected, may file a report with the consumer protection authority (NFH).
16.5. If the complaint is rejected, the Customer may initiate proceedings before the conciliation board competent for their place of residence or stay. The conciliation board has jurisdiction over the out-of-court settlement of consumer disputes. The task of the conciliation board is to attempt to bring about a settlement between the parties in order to resolve the consumer dispute; if this fails, it makes a decision in the case. At the request of the consumer or the Service Provider, the conciliation board provides advice on the rights to which the consumer is entitled and the obligations incumbent on the consumer. The Service Provider does not undertake to submit to the recommendation of any conciliation board.
16.6. The contact details of the competent conciliation boards can be found at the following link: https://bekeltetes.hu/udvozlo
17.1. To conclude the Contract, the Patient / Customer must provide the Service Provider with the personal data specified in the Privacy Notice (and, where applicable, in the case of Healthcare Services, their health data) and identify themselves. The Service Provider processes these data and the health data generated in accordance with the Privacy Notice and may, in particular, transfer them to contributors or, in the event of unpaid fees, to the Service Provider's legal representative for the purpose specified there. The Privacy Notice is available at the following link: https://endomedix.hu/adatkezeles/.
17.2. In connection with the Contract, the Parties accept as written, and therefore valid, communication delivery by registered post with acknowledgement of receipt and sending to the e-mail address specified by the other Party in the Contract. A communication sent by registered letter or by letter with acknowledgement of receipt shall be deemed delivered on the fifth day after posting, even if the item could not actually be delivered for a reason within the addressee's sphere, in particular if it is returned to the sender marked “not accepted”, “not collected”, “unknown” or “moved”. The item shall be deemed delivered upon receipt or when the presumption of delivery takes effect, and, in the case of e-mail, on the date of the read receipt.
Items addressed to the Service Provider must be sent to the following address:
ENDOMEDIX Korlátolt Felelősségű Társaság
Postal address: 1139 Budapest, Esztergomi út 66, Building A, Ground Floor, Door 3
E-mail address: rendeles@endomedix.hu
17.3. The limitation period for claims against the Patient and the Customer under the Contract is interrupted by a written demand for payment of the claim.
17.4. If the Service Provider does not exercise a right to which it is entitled under the Rules, this shall not be deemed a waiver of that right. A waiver of any right is only valid if made by express written statement.
17.5. If any provision of the Contract is invalid, this does not affect the validity of the other provisions of the Contract, and the invalid provision is replaced by a valid provision that best corresponds to its purpose.
17.6. The Patient / Customer is not entitled to set off claims or to assign their claims.
17.7. The Contract embodies all the terms of the agreement between the Parties.
17.8. Matters not regulated in the Contract are governed by Hungarian law.
17.9. In any dispute relating to the Contract, the Parties are obliged to consult in advance and to settle the dispute by agreement. If consultation does not lead to a result, the dispute shall be decided, depending on jurisdiction, by the Budapest IV and XV District Court in cases falling within the jurisdiction of district courts, and otherwise by the Hungarian courts competent under the relevant legislation.
17.10. The Contract is concluded in Hungarian, and Hungarian is the language of communication during the Medical Care and the preparation of medical records. A Patient who does not speak Hungarian must engage an interpreter at their own expense in connection with the Healthcare Services. The Service Provider may also make certain documents available in English, but does so for information purposes only; the Hungarian text prevails in all cases. The Service Provider does not provide reports or consultations in foreign languages.
17.11. The Service Provider is entitled to amend the GTC unilaterally at any time; the amended GTC apply from their publication. The amendment does not apply to the conditions of Medical Care already booked. With regard to Orders, amendments do not affect deliveries in progress (Orders already confirmed).
17.12. The Patient / Customer may submit a complaint relating to Medical Care or an Order using the contact details specified in these GTC. If the reply given in this regard is unsatisfactory, the Patient / Customer may turn to the competent patients' rights representative or the competent conciliation board (bekeltetes.hu).
These General Terms and Conditions are effective from 26 September 2024.
For the purposes of the Contract, capitalised terms not otherwise defined in the text have the meanings given to them below:
Privacy Notice: the privacy notice published on the Website.
GTC: these General Terms and Conditions.
EESZT: Electronic Health Service Space (Hungary's national eHealth system).
Medical Care: the Health Service provided to the Patient concerned, together with the related other services provided by the Service Provider.
Health Service: any activity (including health services provided by contributing doctors) aimed at preserving the Patient's health, at examining, treating, caring for, nursing and medically rehabilitating the Patient in order to prevent, detect early, diagnose and treat diseases, at reducing pain and suffering, and, for the above purposes, at processing the Patient's samples, including the dispensing of medicines and medical aids, rescue and patient transport, and obstetric care.
Individual Contract: the separate terms provided by the Service Provider and accepted by the Patient in writing regarding the provision of the Medical Care.
Eütv.: Act CLIV of 1997 on Medical Care
Party, or Parties: depending on the context, the Service Provider or the Patient; together, both Parties.
Consumer: a natural person acting outside the scope of their profession, independent occupation or business activity, who qualifies as a consumer as defined in the Civil Code.
Website: https://endomedix.hu
Order: an order placed by the Customer in the Webshop, and the sale or provision of services taking place between the Parties on that basis.
Patient: the person using or receiving the Medical Care (regardless of whether they conclude the Individual Contract through a representative or whether a third party acts as the payer). If the obligation to pay the fee is fulfilled by a third party instead of the Patient, that person also qualifies as a Patient with regard to the payment obligations, and these persons are jointly and severally liable to pay the fee.
Ptk.: Act V of 2013 on the Civil Code.
Contract: the agreement concluded between the Parties which (i) in the case of Medical Care also includes the terms of the GTC and the Individual Contract, and (ii) in the case of an Order also includes the GTC and the conditions stated on the relevant invoice.
Service Provider: ENDOMEDIX Korlátolt Felelősségű Társaság, as defined in the introduction.
Customer: The person placing an order in the Webshop.
Force Majeure: Force majeure means any external circumstance or irresistible force beyond the Parties' control that was not foreseeable at the time the contract was concluded, that could not reasonably have been avoided, that adversely affects or may affect the performance of the Contract, and that falls within the sphere of neither the Service Provider nor the Patient (in particular but not exclusively: war, demonstrations, riots, strikes, natural disasters, epidemics, explosions, fire, work stoppages, air disasters, disruption of the electricity or other utility supply, disruption or failure of the internet, IT systems or e-mail systems or resulting data loss, and states of emergency).
Webshop: The https://endomedix.hu/webaruhaz/ webshop created and operated on this domain.
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