Terms & Conditions

Onsize.eu

General Terms and Conditions

The contract established on the basis of this document is not filed (it is not accessible retrospectively; the conclusion of the contract is evidenced by the order details), is established by a legal declaration made through conduct implying intent, does not qualify as a written contract, is written in Hungarian, and does not refer to a code of conduct. If you have any questions regarding the operation of the webshop or the ordering and delivery processes, we are available at the contact information provided.

Scope of these GTC These GTC apply to legal relationships on the Service Provider’s website (https://onsize.eu/) and its subdomains. These GTC are continuously available (and downloadable, printable at any time) from the following website: https://onsize.eu/pages/aszf https://onsize.ro/pages/ccg.

Definitions:

User: Any natural person, legal entity, or organization that uses the Service Provider’s services and enters into a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of their profession, independent occupation, or business activity.

Business: A person acting within the scope of their profession, independent occupation, or business activity.

Service Provider: A natural person, legal entity, or unincorporated organization providing information society services that provides services to the User and enters into a contract with the User.

1. SERVICE PROVIDER INFORMATION

Service Provider Name: OnSize Kft.

Service Provider’s Registered Office (and location for handling complaints): 2142 Nagytarcsa, Gránit utca 9.

Service provider’s contact information, including the regularly used email address for communicating with customers: info@onsize.eu

Service provider’s company registration number/registration number: 13-09-164209 Service provider’s tax ID number: 14504435-2-13

Name of the registering authority / licensing authority and license number (if applicable): Budapest Regional Court, Commercial Registry

Service provider’s phone number: +36 20 237 9528 Language of the contract: Hungarian

Hosting provider’s name, address, and email address:

Web hosting: Shopify Inc (150 Elgin Street 8th Floor Ottawa, ON K2P 1L4 Canada); Email: Google Workspace

2. BASIC PROVISIONS

2.1. Matters not covered by these General Terms and Conditions, as well as the interpretation of these General Terms and Conditions, shall be governed by Hungarian law, with particular reference to Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues related to electronic commerce services, certain issues related to information society services, and Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. Special products are governed by the relevant sector-specific legal provisions. The mandatory provisions of the relevant laws apply to the parties even without a separate stipulation.

2.2. These GTC shall enter into force on April 19, 2021, and shall remain in effect until revoked. The Service Provider shall publish any amendments to these GTC on the website and shall notify registered Users and/or Users who have previously made a purchase of the changes via email. The amendments do not affect previously concluded contracts; that is, the amendments have no retroactive effect.

2.3. The Service Provider reserves all rights regarding the website, any part thereof, the content appearing on it, and the distribution of the website. It is prohibited to download, electronically store, process, or sell the content appearing on the website or any part thereof without the Service Provider’s written consent (except for this document and the privacy policy).

2.4. The Service Provider assumes no liability for the sale or purchase of products advertised on other websites that are not affiliated with or operated by the Service Provider.

3. REGISTRATION / PURCHASE

3.1. In the event that false information or information attributable to another person is provided during the use, ordering, or subscription to the service, the resulting electronic contract may be challenged in court by the entitled party. As a result of a successful challenge (winning the lawsuit), the contract becomes invalid as of the date of its conclusion, or if it conceals another contract, the rights and obligations of the parties must be determined based on the concealed contract.

3.2. The Service Provider shall bear no liability whatsoever for any delivery delays or other problems or errors attributable to data provided by the User that is incorrect and/or inaccurate. However, the Service Provider informs Users that, following consultation with the User and clear identification, it may correct incorrectly entered data in the order to ensure that billing and delivery proceed without hindrance.

3.3. The Service Provider shall not be liable for any damages resulting from the User forgetting their password or the password becoming accessible to unauthorized persons for any reason not attributable to the Service Provider (if the User is registered on the site).

4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE AND PRICES

4.1. The products displayed can be ordered online from the web store (or by phone in certain cases). The prices displayed for the products are in Hungarian forints and are gross prices (i.e., they include the VAT required by law, or, if the Service Provider invoices VAT-free, the prices are the amounts payable); however, they do not include fees related to shipping or payment. Separate packaging costs are not charged, unless the User requests decorative or other special packaging.

4.2. In the online store, the Service Provider provides detailed information on the product name and description and displays photos of the products (if possible).

4.3. If a promotional price is introduced, the Service Provider shall fully inform Users about the promotion and its exact duration. The Service Provider acts in accordance with the law when determining promotional prices, complying with the rules of Joint Decree 4/2009. (I. 30.) NFGM-SZMM on the detailed rules for indicating the selling price and unit price of products, as well as the fees for services.

4.4. In the event of an incorrect price being listed, the Service Provider is not obligated to confirm the order at that price, but may reject the offer and propose confirmation at the correct, actual price; upon receiving this information, the User has the right to

  • not to accept the modified offer and cancel the order.
  • maintain their order at the correct price.

Pursuant to Act V of 2013 on the Civil Code (Ptk.), a contract is formed by the mutual and unanimous expression of the parties’ intent. If the parties cannot agree on the terms of the contract—that is, if there is no statement mutually and unanimously expressing the parties’ intent—then no valid contract has been formed from which rights and obligations would arise. A price of

  • 0 HUF,
  • 1 Ft, or
  • a sale price that does not correspond to the stated discount percentage relative to the original price. For example, if a product’s original price is 10,000 HUF and a 50% discount applies, the correct sale price would be 5,000 HUF. It is considered an incorrect price if 1,000 HUF or 2,000 HUF appears instead.

5. ORDER PROCESS

5.1. After registering, the user logs in to the online store; alternatively, they can begin shopping without registering.

5.2. The user selects the product(s) they wish to purchase and sets the quantity.

5.3. The user adds the selected products to the cart. The user can view the contents of the cart at any time by clicking the “cart” icon.

5.4. If you do not wish to purchase any additional items, check the quantity of the product you wish to purchase. You can clear the contents of your cart by clicking the “Delete - X” icon. To finalize the quantity, click the “+,-” icon.

5.5. Enter your shipping address, then select a shipping/payment method from the following options:

5.5.1. Payment methods:

In-person pickup: Cash payment upon pickup at the Service Provider’s store or at another location designated by the Service Provider: If the User selects payment upon pickup, they must pay the purchase price of the product in cash at the Service Provider’s store or at another location designated by the Service Provider.

Cash payments are only accepted in Hungarian forints (HUF).

Cash on delivery: If the ordered product is delivered by courier service or to a parcel pickup point, the User may pay the total order amount to the courier or at the parcel pickup point in cash or by credit card upon receipt of the ordered product(s).

By bank transfer: The User is required to transfer the payment for the ordered products to the bank account provided in the confirmation email within 3 days. Once the amount has been credited to the Service Provider’s bank account, the User is entitled to receive the product(s) in the manner specified by the User.

5.5.2. Shipping costs (gross amounts):

Domestic orders over 20,000 HUF: home delivery 790 HUF, pickup point: free Domestic orders under 20,000 HUF: home delivery 1,590 HUF, pickup point 1,290 HUF MPL: 4,490 HUF

Pickup at our store: free Romania: 25 RON

5.6. In the event of an error or omission regarding products or prices in the online store, we reserve the right to make corrections. In such cases, we will immediately inform the User of the new details upon identifying and correcting the error. The User may then confirm the order again or withdraw from the contract.

5.7. The total amount due, as stated in the order summary and confirmation email, includes all costs. Pursuant to Section 6:127 of the Civil Code, the User is obligated to inspect the package without delay, preferably upon delivery in the presence of the courier; in the event of damage, the User is not obligated to accept the package. If the User fails to inspect the package, is in breach of contract, and bears the consequences thereof (difficulty in proving the condition of the product). The product(s) will be delivered on business days between 8:00 a.m. and 5:00 p.m.

5.8. After entering the required information, the User can submit their order by clicking the “Submit Order” button; however, before doing so, they can review the entered information once more, add a comment to their order, or contact us via email with any other order-related requests.

5.9. By placing the order, the User acknowledges that a payment obligation arises.

5.10. Correcting data entry errors: Before completing the ordering process, the User can always return to the previous step to correct the entered data. Details: During the ordering process, you can view and modify the contents of your cart. If the cart does not contain the desired quantity, you can enter the desired quantity

If the User wishes to remove items from the cart, they should click the “X” “Remove” button. During the ordering process, the User has the option to correct or delete the entered data at any time.

5.11. The User will receive a confirmation via email after submitting the order. If this confirmation does not reach the User within the reasonable timeframe expected based on the nature of the service, but no later than 48 hours after the User submits the order, the User is released from any binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes accessible to them. The Service Provider disclaims any liability for the confirmation if it does not arrive on time because the User provided an incorrect email address during registration or cannot receive messages due to the storage space associated with their account being full.

5.12. The User acknowledges that the confirmation described in the previous section is merely an automatic confirmation and does not constitute a contract. The contract is formed when, following the automatic confirmation mentioned in the previous section, the Service Provider notifies the User in a subsequent email of the order details and expected fulfillment.

5.13. Special warranty provision: After the third repair, the Service Provider will send the product to an expert for inspection.

6. ORDER PROCESSING AND FULFILLMENT

6.1. Orders are processed during business hours. Orders may be placed outside the designated processing times; if placed after business hours, they will be processed on the following business day. The Service Provider will always confirm electronically when it can fulfill your order.

6.2. The general fulfillment deadline is within 2–14 business days from the date the contract is concluded (this may be longer due to events beyond the Service Provider’s control).

6.3. Under the sales contract, the Service Provider is obligated to transfer ownership of the item, and the User is obligated to pay the purchase price and take delivery of the item.

6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the item to the buyer, the risk of loss passes to the buyer when the buyer or a third party designated by the buyer takes possession of the item. The risk of loss passes to the buyer upon handover to the carrier if the buyer has engaged the carrier, provided that the carrier was not recommended by the seller.

6.5. In the event of a delay on the part of the Service Provider, the User is entitled to set a grace period. If the seller fails to fulfill the contract within the grace period, the buyer is entitled to withdraw from the contract.

6.6. The User is entitled to withdraw from the contract without setting a grace period if

a) the Service Provider has refused to perform the contract; or

b) the contract was to be performed at the specified time of performance—and at no other time—as agreed by the parties or by virtue of the service’s recognizable purpose.

If the Service Provider is in default, the User may demand performance, or if the User’s interest in the performance of the contract has ceased as a result of the delay, the User may withdraw from the contract.

The User is not required to prove the cessation of interest in performance in order to withdraw from the contract if

a) the contract was to be performed within the specified performance period—and at no other time—either by agreement of the parties or by virtue of the service’s identifiable purpose; or

b) the entitled party set a reasonable grace period for subsequent performance, and the grace period has expired without result.

6.7. If the Service Provider fails to fulfill its contractual obligation because the product specified in the contract is not available, it is obligated to immediately notify the User of this fact and to immediately refund the amount paid by the User; and the Service Provider is also obligated to ensure that the User may exercise any other rights provided by law in the event of defective performance.

6.8. The Service Provider draws Users’ attention to the fact that if the User fails to accept the ordered product(s) delivered in accordance with the contract (regardless of the payment method), the User commits a breach of contract, specifically under Section 6:156(1) of the Civil Code is considered to be in default.

This means that, in accordance with the rules governing agency without authority— provided the Consumer does not indicate their intention to withdraw (and does not make a statement as to whether they wish to take delivery of the ordered product(s)— the Service Provider .

The Service Provider hereby notifies Users that, in order to enforce the legal claims arising therefrom, it will engage the services of a debt collection agency and/or an attorney; thus, the User shall also be liable for the payment of any other (legal) costs arising from the breach of contract (including fees for payment order proceedings).

7. RIGHT OF WITHDRAWAL

7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, as well as Government Decree No. 45/2014 (II.26.) on the detailed rules governing contracts between consumers and businesses, the Consumer is entitled to a right of withdrawal without giving any reason.

The consumer may exercise their right of withdrawal or termination

a) in the case of a contract for the sale of a product

aa) the product,

(ab) in the case of the sale of multiple products, if the individual products are delivered at different times, the last product delivered,

ac) in the case of a product consisting of multiple items or units, the last item or unit delivered,

ad) if the product is to be delivered regularly within a specified period, the first delivery, within fourteen days from the date of receipt by the consumer or a third party designated by the consumer who is not the carrier.

If the Service Provider fails to comply with this notice, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information within 12 months after the expiration of the 14-day period following the date of receipt of the product or the conclusion of the contract for the provision of the service, the period available for withdrawal shall be 14 days from the date of such notification.

7.2. The Consumer may exercise their right of withdrawal by making an unambiguous statement to that effect or by using the model statement set forth in Annex 2 of Government Decree No. 45/2014 (II.26.).

7.3. The period for exercising the right of withdrawal expires 14 days after the date on which the Consumer, or a third party designated by the Consumer other than the carrier, takes delivery of the product.

7.4. The Consumer may exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.5. The direct cost of returning the product shall be borne by the Consumer; the business has not agreed to bear this cost. Unless the product cannot be returned by mail.

7.6. When exercising the right of withdrawal, the Consumer shall not be charged any costs other than the direct cost of returning the product.

7.7. The Consumer does not have the right of withdrawal in the case of a non-prefabricated product that was manufactured according to the Consumer’s instructions or at their express request, or in the case of a product that was clearly customized for the Consumer.

7.8. The Consumer may also not exercise the right of withdrawal (a complete under the regulation):

a) in the case of a contract for the provision of services, after the service has been fully performed; however, if the contract imposes a payment obligation on the consumer, only if performance began with the consumer’s express prior consent and acknowledgment that they would lose their right of withdrawal once the business had fully performed the contract;

b) with respect to goods or services whose price or fee depends on fluctuations that are possible even within the time limit specified in Section 20(2) and which are not influenced by the business;

c) in the case of goods not prefabricated, which were manufactured according to the consumer’s instructions or at the consumer’s express request, or in the case of goods clearly tailored to the consumer’s person;

d) in the case of perishable goods or goods that retain their quality for only a short period of time;

e) in the case of goods in sealed packaging that, for health or hygiene reasons, cannot be returned once the packaging has been opened after delivery;

f) goods that, by their nature, are inseparably mixed with other goods after delivery;

g) with respect to an alcoholic beverage whose actual value depends on market fluctuations beyond the control of the business, and for which the parties agreed on the price at the time the sales contract was concluded, but performance of the contract does not take place until after the thirtieth day following the date of conclusion;

h) in the case of a service contract where the business visits the consumer at the consumer’s express request to perform urgent repair or maintenance work;

i) the sale of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;

j) newspapers, magazines, and periodicals, with the exception of subscription contracts;

k) in the case of contracts concluded at a public auction;

l) in the case of contracts for the provision of accommodation (excluding residential accommodation), transport, car rental, catering, or services related to leisure activities, if a specific performance date or deadline has been set in the contract;

m) with respect to digital content supplied on a non-tangible medium, if the business has commenced performance with the consumer’s express prior consent, and the consumer, at the time of giving such consent, acknowledged that they would lose their right of withdrawal/cancellation once performance has commenced, and the business has sent a confirmation to the consumer in accordance with Section 12(2) or Section 18.

Due to the above rules, the Service Provider may exchange or accept returns of products only if the seal affixed to them at the time of purchase remains intact. This ensures that the Consumer can try out the product but cannot use it—in accordance with the rules governing the right of withdrawal.

7.9. The Service Provider shall refund the full amount paid by the Consumer as consideration, including any costs incurred in connection with the performance, without delay, but no later than fourteen days from the date of receiving notice of the withdrawal. However, the Service Provider retains a right of retention.

7.10. For the refund, we will use the same payment method used in the original transaction, unless the Consumer expressly consents to the use of a different payment method; the Consumer shall not incur any additional costs as a result of this method of refund.

7.11. The consumer is required to return the goods without undue delay, but in no event later than 14 days from the date on which the notice of withdrawal from the contract was sent to the Service Provider. If the business also sells the goods at a physical store and the consumer exercises their right of withdrawal in person at the business’s store, they are entitled to return the goods to the business at the same time.

7.12. In the case of a written withdrawal, it is sufficient for the consumer to send the notice of withdrawal within 14 days.

7.13. The consumer meets the deadline if they return or hand over the product(s) before the 14-day period expires. The return is considered timely if the consumer sends the product before the deadline expires.

7.14. The consumer bears only the direct cost of returning the product. Unless the product cannot be returned by mail.

7.15. The Service Provider is not obligated to reimburse the Consumer for any additional costs arising from the selection of a shipping method other than the cheapest standard shipping method offered by the Service Provider.

7.16. The Service Provider may withhold the refund until it has received the goods back or the Consumer has provided proof that returned them: the earlier of the two dates shall be taken into account.

7.17. If the Consumer wishes to exercise their right of withdrawal, they may do so by contacting the Service Provider in writing (using the attached form), by phone, or in person. In the case of written notification by mail, the date of mailing shall be taken into account; in the case of notification by telephone, the date of the telephone call shall be taken into account. The Consumer may return the ordered product to the Service Provider by mail or via a courier service.

7.18. The consumer is liable only for depreciation resulting from use exceeding that necessary to ascertain the nature, characteristics, and functioning of the product.

7.19. Government Decree No. 45/2014 (II.26.) on the detailed rules governing contracts between consumers and businesses is available here.

7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here

7.21. The Consumer may also contact the Service Provider regarding other complaints using the contact information provided in these GTC.

7.22. The right of withdrawal applies only to Users who qualify as consumers under the Civil Code.

7.23. The right of withdrawal does not apply to businesses, i.e., persons acting within the scope of their profession, independent occupation, or business activity.

7.24. (Applicable only if the Service Provider also provides services in addition to the sale.) If the Consumer terminates a distance contract after performance has begun, the Consumer is obligated to pay the Service Provider a fee proportional to the services performed up to the date the termination was communicated to the Service Provider. The amount to be paid by the Consumer on a pro rata basis shall be determined based on the total amount of the consideration specified in the contract, plus tax. If the Consumer proves that the total amount determined in this manner is excessively high, the pro rata amount shall be calculated based on the market value of the services performed up to the date of termination of the contract.

7.24. Procedure for exercising the right of withdrawal:

7.24.1. If the Consumer wishes to exercise the right of withdrawal, they must notify the Service Provider of their intention to withdraw using the Service Provider’s contact information.

7.24.2. The Consumer exercises their right of withdrawal within the deadline if they send their notice of withdrawal before the expiration of the 14th day from the date of receipt of the product. In the case of written withdrawal, it is sufficient to send the notice of withdrawal within 14 days. If notification is sent by mail, the date of posting shall be taken into account; if notification is sent via email, the time of sending the email shall be taken into account.

7.24.3. In the event of withdrawal, the Consumer is required to return the ordered product to the Service Provider’s address without delay, but no later than 14 days from the date of notification of the withdrawal. The deadline is considered met if the product is shipped before the 14-day period expires (i.e., it does not need to arrive within 14 days). The customer bears the direct costs incurred in connection with the return of the goods . If the business also sells the goods in a physical store and the consumer exercises their right of withdrawal in person at the business’s store, they are entitled to return the goods to the business at the same time.

7.24.4. However, the Service Provider is not obligated to reimburse the Consumer for any additional costs resulting from the Consumer’s choice of a delivery method that differs from the cheapest standard delivery method offered by the Service Provider. The Consumer may exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.24.5. In the case of the sale of multiple products, if the delivery dates for the individual products differ, the buyer may exercise the right of withdrawal within 14 days of receiving the last product delivered, or, in the case of a product consisting of multiple items or pieces, within 14 days of receiving the last item or piece.

8. WARRANTY

Defective Performance

The obligor is in breach of contract if, at the time of performance, the service does not meet the quality requirements set forth in the contract or by law. The obligor is not in breach of contract if the obligee was aware of the defect at the time the contract was concluded, or should have been aware of the defect at the time the contract was concluded.

In a contract between a consumer and a business, any provision that deviates from the provisions of this chapter regarding warranty of quality and warranty of performance to the detriment of the consumer is void.

A User classified as a business: a person acting within the scope of their profession, independent occupation, or business activity.

Warranty for Defects

8.1. In what cases may a User exercise their right to warranty?

In the event of defective performance by the Service Provider, the User may assert a claim for warranty against the Service Provider in accordance with the provisions of the Civil Code.

8.2. What rights does the User have based on a warranty claim? The User may, at their discretion, exercise the following warranty claims: they may request repair or replacement, unless fulfilling the claim chosen by the User is impossible or would entail disproportionate additional costs for the business compared to fulfilling another claim. If the User did not request or could not request repair or replacement, they may request a proportional reduction in the purchase price or, as a last resort, may withdraw from the contract. You may switch from one warranty option to another, but the cost of the switch shall be borne by you, unless the switch was justified or the business provided a reason for it.

The consumer is also entitled—in proportion to the severity of the breach of contract—to demand a proportional reduction in the price or to terminate the sales contract if

a) the business has not performed the repair or replacement, or has performed it but has not, in whole or in part, carried out the removal and reinstallation, or has refused to bring the goods into conformity with the contract;

b) a repeated failure to perform has occurred, despite the fact that the business attempted to bring the goods into conformity with the contract;

c) the defect in performance is so serious that it justifies an immediate price reduction or the immediate termination of the sales contract; or

d) the business has refused to bring the goods into conformity with the contract, or it is evident from the circumstances that the business will not bring the goods into conformity within a reasonable time or without causing significant harm to the consumer’s interests. If the consumer wishes to terminate the sales contract on the grounds of defective performance, the seller bears the burden of proving that the defect is minor.

The consumer is entitled to withhold the remaining portion of the purchase price—in whole or in part, depending on the severity of the breach—until the business fulfills its obligations regarding contractual performance and the defective performance.

The reasonable time limit for repairing or replacing the goods shall be calculated from the date on which the consumer notified the business of the defect. The consumer must make the goods available to the business for the purpose of repair or replacement.

The business must arrange for the return of the replaced goods at its own expense. If the repair or replacement requires the removal of goods that, in accordance with the nature and intended use of the goods, were — the obligation to repair or replace includes the removal of the non-conforming goods and the installation of the replacement goods or the repair, or the bearing of the costs of removal and installation.

The consideration provided is proportionate if its amount equals the difference between the value the consumer would have received in the event of contractual performance and the value of the goods actually received by the consumer.

The consumer’s right to terminate the sales contract under the warranty of quality may be exercised by means of a legal declaration addressed to the business expressing the decision to terminate the contract.

If the defective performance affects only a specific part of the goods delivered under the sales contract, and the conditions for exercising the right to terminate the contract with respect to those goods are met, the consumer may terminate the sales contract only with respect to the defective goods, but may also terminate it with respect to any other goods acquired together with them if the consumer cannot reasonably be expected to retain only the goods that conform to the contract. If the consumer terminates the sales contract in its entirety or with respect to part of the goods supplied under the sales contract, then

a) the consumer must return the goods in question to the business at the business’s expense; and

b) the business must immediately refund the purchase price paid for the goods in question to the consumer as soon as it has received the goods or proof of their return.

8.3. Within what time frame can the User assert a claim under the warranty for defects? The User (if classified as a consumer) is required to report the defect immediately upon discovery, but no later than two months after the defect is discovered. Please note, however, that you may no longer assert your warranty rights after the two-year statute of limitations (one year for business or used products) from the date of contract performance. (For products with an expiration date, the warranty remains valid until the expiration date ).

If, in the case of goods containing digital elements, the sales contract provides for the continuous provision of digital content or digital services over a specified period, the business is liable for defects in the goods related to the digital content or digital services, provided that the defect

a) in the case of continuous provision for a period not exceeding two years, within two years from the delivery of the goods; or

b) in the case of continuous service lasting more than two years, during the entire period of continuous service occurs or becomes apparent.

8.4. Against whom can you assert your warranty claim?

The User may assert their warranty claim against the Service Provider.

8.5. What other conditions apply to the enforcement of your warranty rights (if the User qualifies as a Consumer)?

Within one year of performance, there are no conditions for asserting a warranty claim other than notifying the defect, provided the User proves that the product or service was provided by the business operating the online store. However, after one year has elapsed from the date of performance, the User is required to prove that the defect identified by the User already existed at the time of performance.

Product Warranty

8.6. In what cases may the Consumer exercise their right to a product warranty, and what rights are available to the Consumer based on a product warranty claim?

In the event of a defect in a movable item, the Consumer may, at their discretion, exercise their right under the warranty of fitness for purpose or assert a claim under the product warranty in accordance with the provisions of the Civil Code.

As a product warranty claim, the Consumer may request that the defective product be repaired or replaced.

8.7. Against whom can the Consumer assert a product warranty claim? The Consumer may exercise their product warranty rights against the product’s manufacturer or distributor (hereinafter collectively referred to as the “manufacturer”).

8.8. Under what circumstances is a product considered defective?

A product is defective if it does not meet the quality requirements in effect at the time of its release to the market, or if it does not possess the characteristics specified in the manufacturer’s description.

8.9. Within what time limit may the Consumer assert a product warranty claim? The Consumer may assert a product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this period has elapsed, the Consumer loses this right.

8.10. What rules of evidence apply when asserting a product warranty claim?

If you wish to make a claim under the product warranty, you must prove that the product defect existed at the time the manufacturer placed the product on the market.

8.11. Under what circumstances is the manufacturer exempt from its product warranty obligations? The manufacturer is exempt from its product warranty obligations if it can prove that - the product was not manufactured or placed on the market in the course of its business activities, or - the defect was not recognizable at the time of placing the product on the market according to the state of science and technology, or - the defect in the product results from the application of a law or a mandatory official regulation. The manufacturer need only prove one of these grounds to be exempted.

Please note that the Consumer may assert a claim under the seller’s warranty against the business and a claim under the manufacturer’s warranty against the manufacturer simultaneously and in parallel for the same defect. If the product warranty claim is successfully enforced, the consumer may thereafter assert the warranty claim regarding the replaced product or the part of the product subject to repair only against the manufacturer.

8.12. In the case of a contract between a consumer and a business, it shall be presumed, unless proven otherwise, that a defect identified by the consumer within one year of performance already existed at the time of performance, unless this presumption is incompatible with the nature of the item or the nature of the defect. Based on this, the Service Provider shall not be liable under warranty or guarantee if it can prove that the damage resulted from improper or negligent handling after the risk of damage had passed, from excessive use, from influences other than those specified, or from other uses of the products not in accordance with their intended purpose.

9. PROCEDURE IN THE EVENT OF A WARRANTY CLAIM

(FOR USERS WHO QUALIFY AS CONSUMERS)

9.1. In a contract between a consumer and a business, the agreement between the parties may not deviate to the detriment of the consumer from the provisions of Decree No. 19/2014 (IV. 29.) of the Ministry for National Economy on the procedural rules for handling warranty and guarantee claims regarding goods sold under a contract between a consumer and a business.

9.2. It is the consumer’s obligation to provide proof of the conclusion of the contract (by means of an invoice or even just a receipt).

9.3. The costs associated with fulfilling the warranty obligation shall be borne by the Service Provider (Civil Code § 6:166).

9.4. The Service Provider is required to prepare a report regarding any warranty or guarantee claim reported to it by the Consumer.

9.5. A copy of the record must be made available to the Consumer immediately and in a verifiable manner.

9.6. If the Service Provider is unable to state at the time of the claim whether the Consumer’s warranty or guarantee claim can be fulfilled, it must notify the Consumer of its position—including, in the event of a rejection, the grounds for the rejection and the possibility of appealing to the conciliation board—within five business days in a verifiable manner.

9.7. The Service Provider is required to retain the report for three years from the date of its creation and to present it to the regulatory authority upon request.

9.8. The Service Provider shall endeavor to complete the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than 15 days, the Service Provider is required to inform the consumer of the expected duration of the repair or replacement. With the consumer’s prior consent, this notification shall be provided electronically or by other means suitable for confirming receipt by the consumer.

10. MISCELLANEOUS PROVISIONS

10.1. The Service Provider is entitled to engage a subcontractor to fulfill its obligations. The Service Provider shall be fully liable for any unlawful conduct by such subcontractor, as if the Service Provider had committed the unlawful conduct itself.

10.2. If any part of these GTC becomes invalid, unlawful, or unenforceable, this shall not affect the validity, legality, and enforceability of the remaining parts.

10.3. If the Service Provider does not exercise a right to which it is entitled under the GTC, such failure to exercise the right shall not be deemed a waiver of that right. Any waiver of a right shall be valid only if made by an express written statement to that effect. The fact that the Service Provider does not strictly insist on a material term or condition of the GTC on a single occasion does not mean that it waives its right to insist on strict compliance with that term or condition in the future.

10.4. The Service Provider and the User shall endeavor to resolve any disputes between them amicably.

10.5. The Parties agree that the Service Provider’s online store operates in Hungary, and its maintenance is also performed there. Since the site can be accessed from other countries as well, Users expressly acknowledge that Hungarian law shall govern the relationship between the User and the Service Provider. If the user is a Consumer, then pursuant to Section 26(1) of the Civil Procedure Act, in disputes arising from this contract involving the Consumer, the court of the defendant’s (Consumer’s) place of residence in Hungary shall have exclusive jurisdiction.

10.6. The Service Provider does not apply different general terms of access to the products available in the webshop based on the User’s nationality, place of residence, or place of establishment.

10.7. The Service Provider—with respect to the payment methods it accepts—shall not apply different conditions to the payment transaction based on the User’s nationality, place of residence, or place of establishment, the location of the payment account, the place of establishment of the payment service provider, or the place of issuance of the cash substitute payment instrument within the Union.

10.8. The service provider complies with the provisions on combating unjustified geo-blocking and other forms of discrimination based on the customer’s nationality, place of residence, or place of establishment within the internal market, as well as with Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394, as well as Directive 2009/22/EC.

11. COMPLAINT HANDLING PROCEDURE

(FOR USERS WHO QUALIFY AS CONSUMERS)

11.1. The Service Provider’s goal is to fulfill all orders to the appropriate quality standards and to the customer’s full satisfaction.

11.2. The consumer may submit a complaint to the company verbally or in writing.

11.3. The company will immediately investigate verbal complaints and resolve them as necessary.

11.4. If the consumer does not agree with the handling of the complaint, or if an immediate investigation of the complaint is not possible, the company shall immediately record a report on the complaint and its position regarding it, and shall proceed in accordance with the rules governing written complaints.

11.5. The business shall provide the consumer with a copy of the record

a) in the case of a verbal complaint made in person, it shall be provided on the spot;

b) in the case of a verbal complaint submitted by telephone or other electronic communication service, it shall be sent no later than at the same time as the substantive response—unless the consumer has not provided all the necessary information for handling the complaint, as specified in Section 11.8.

11.6. The company is required to assign a unique identification number to verbal complaints submitted by telephone or via an electronic communications service.

11.7. The record of the complaint must include the following:

a) the consumer’s name, address, or email address,

b) the place, time, and method of filing the complaint,

c) a detailed description of the consumer’s complaint, a list of the records, documents, and other evidence presented by the consumer,

d) the business’s statement regarding its position on the consumer’s complaint, provided that an immediate investigation of the complaint is possible,

e) the signature of the person taking the record and—except for verbal complaints made by telephone or through other electronic communication services—the consumer’s signature,

f) the place and time of the recording of the report,

g) in the case of a verbal complaint communicated by telephone or other electronic communication service, the unique identification number of the complaint, and

h) a warning regarding the provisions of Section 11.8.

11.8. If, during the recording of the report, the consumer fails to provide the information specified in points (a) and (c) of Section 11.7, or refuses to sign the report as required by point

(e) of Section 11.7, the business shall refrain from applying the provisions of Section 11.9 when resolving the verbal complaint.

11.9. Unless otherwise provided by a directly applicable legal act of the European Union, the business is required to respond to a written complaint in writing, in a manner that can be substantiated on the merits, within thirty days of its receipt, and to take steps to ensure that the response is communicated. A shorter deadline may be established by regulation, and a longer deadline by statute. The business must provide a justification for its decision to reject the complaint.

11.10. If the business provides an electronic platform or form for filing a written complaint, it must immediately confirm receipt of the written complaint at the email address provided by the consumer.

11.11.The business is required to retain the minutes of the verbal complaint or the written complaint, as well as a copy of its substantive response to the complaint, for three years and to present them upon request by the supervisory authority.

11.12. If the complaint is rejected, the business is required to inform the consumer in writing of the authority or conciliation body to which the consumer may refer the matter, depending on the nature of the complaint. The information must also include the location, telephone and internet contact details, and mailing address of the competent authority or the conciliation body corresponding to the consumer’s place of residence, place of stay, or registered office. The information must also indicate whether the business has made a general declaration of submission.

11.13. The business may refrain from investigating a repeated complaint made by the same consumer that is identical in content to a previously answered complaint and contains no new information, as well as a consumer complaint made by an unidentifiable person.

11.14. Please be advised that if your complaint is rejected, you may initiate proceedings with a regulatory authority or conciliation body as follows (the Service Provider has not made a general declaration of submission):

11.15. The Consumer may file a complaint with the consumer protection authority: Pursuant to Sections 45/A(1)-(3) of the Consumer Protection Act and Government Decree No. 326/2024 (XI. 14.) on the designation of the consumer protection authority, the Government Office acts as the general consumer protection authority: https://kormanyhivatalok.hu/kormanyhivatalok

11.16. If a consumer has a complaint, they may contact a conciliation board; contact information is available here:

ConciliationBoardName board’s headquarters:Address of the conciliation address:Jurisdiction
Budapest Conciliation BoardBudapest
Budapest Conciliation Board Address: 1016 Budapest, Krisztina krt. 99. Phone number: (1) 488-2131 Fax number: (1) 488-2186 Chairperson: Dr. Éva
Veronika Inzelt Website: https://bekeltet.bkik.hu/
Email address: bekelteto.testulet@bkik.hu		Budapest
Baranya County Conciliation BoardPécs
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy Imre
St. 36
Phone number: (72) 507-154; (20) 283-3422
Fax: (72) 507-152 Chair: Dr. Ferenc Bércesi
Website: www.baranyabekeltetes.hu EmailAddress: info@baranyabekeltetes.hu kerelem@baranyabekeltetes.hu		Baranya County,
Somogy County,
Tolna County
Borsod-Abaúj-Zemplén County Conciliation BoardMiskolc
Borsod-Abaúj-Zemplén County Conciliation Board Address: 3525 Miskolc, Szentpáli St. 1.
Phone number: (46) 501-091
(new cases);
501-871 (ongoing cases) Chair: Dr. Péter Tulipán
Website: www.bekeltetes.borsodmegye.hu Email address: bekeltetes@bokik.hu		Borsod-Abaúj-Zemplén County, Heves County,
Nógrád County
Csongrád-Csanád County Conciliation BoardSzeged
Csongrád-Csanád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone number: (62) 554-250/118 ext.
Fax number: (62) 426-149
Chair: Dr. Károly Horváth
Website: www.bekeltetes-csongrad.hu Email address: bekelteto.testulet@csmkik.hu		Békés County,
Bács-Kiskun County, Csongrád-Csanád County
Fejér County Conciliation BoardSzékesfehérvár
Fejér County Conciliation
Board
Address: 8000 Székesfehérvár, Hosszúséta Square 4-6.
Phone number: (22) 510-310
Fax: (22) 510-312 Chair: Dr.
József Vári Kovács Website: www.bekeltetesfejer.hu
Email address:bekeltetes@fmkik.hu ; fmkik@fmkik.hu		Fejér County, Komárom-Esztergom County, Veszprém County
Győr-Moson-Sopron County Conciliation BoardGyőr
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/a.
Phone number: (96) 520-217 Chairperson: Dr. Beáta Bagoly Website: https://gymsmkik.hu/bekelteto Email address: bekeltetotestulet@gymskik.hu		Győr-Moson-Sopron County,
Vas County,
Zala County
Hajdú-Bihar County Conciliation BoardDebrecen
Hajdú-Bihar County Conciliation Board
Headquarters: 4025 Debrecen, Petőfi tér 10.
Office location: 4025 Debrecen, Vörösmarty u. 13-15. Phone number: (52) 500-710; (52)
500-745
Fax number: (52) 500-720 President: Dr. Zsolt Hajnal Website: https://www.hbmbekeltetes.hu Email address: bekelteto@hbkik.hu		Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Pest County Conciliation BoardBudapest
Pest County Conciliation Board Address: 1055 Budapest, Balassi Bálint St. 25, IV/2
Phone number: +36 1 792 7881 Chair: Dr. Pál Koncz
Website: www.pestmegyeibekelteto.hu www.panaszrendezes.hu
Email address: pmbekelteto@pmkik.hu		Pest County

11.17. The conciliation board is responsible for resolving consumer disputes outside of court proceedings. The conciliation board’s task is to attempt to reach a settlement between the parties to resolve the consumer dispute; if this proves unsuccessful, it issues a decision in the matter to ensure the simple, swift, effective, and cost-efficient enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation board provides advice regarding the rights to which the consumer is entitled and the obligations incumbent upon the consumer.

In conciliation proceedings, if no settlement is reached, the council shall issue a decision

a) if

aa) the request is well-founded, and the business—in its general declaration of submission pursuant to Section 36/C, as registered with the conciliation board or the chamber or as communicated in its commercial communications— at the start of the proceedings or no later than the time the decision is issued, has acknowledged the conciliation board’s decision as binding upon itself, or

ab) the business did not make a declaration of submission, but the claim is well-founded and the consumer’s claim—neither in the claim nor at the time the decision imposing the obligation was issued—exceeds two hundred fifty thousand forints, or

b) make a recommendation if the request is well-founded, but the business stated at the outset of the proceedings that it does not recognize the Council’s decision as binding, or if it made no statement whatsoever regarding recognition of the Council’s decision.

11.18. In the event of a cross-border consumer dispute arising from an online sales or service contract, the conciliation body operated by the chamber designated by the minister responsible for consumer protection in a regulation shall have jurisdiction.

11.19. The business is under an obligation to cooperate in the conciliation body proceedings; in this context, it is required to submit its response to the conciliation body within the time limit specified therein, containing the information set forth in the Fgytv. With the exception of the application of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, , the business is required to ensure the participation of a person authorized to reach a settlement at the hearing. At the online hearing, the business’s must participate online. If the consumer requests an in-person hearing, the business’s representative authorized to reach a settlement must at least participate in the hearing online.

11.20. If the Consumer does not turn to a conciliation body, or if the proceedings have not led to a resolution, the Consumer has the option of turning to court to settle the dispute. The lawsuit must be initiated by a complaint, which must include the following information:

  • the court having jurisdiction;
  • the names, addresses, and legal status of the parties and their representatives;
  • the right to be enforced, together with a statement of the facts on which it is based and the evidence supporting them;
  • the information necessary to establish the court’s jurisdiction and competence;
  • a specific request for the court’s decision.

The complaint must be accompanied by the document, or a copy thereof, to which it refers as evidence.

12. COPYRIGHT

12.1. Since https://onsize.eu/ is classified as a copyrighted work, it is prohibited to Downloading (reproducing), redistributing to the public, or otherwise using the content appearing on the https://onsize.eu/ website or any part thereof, electronically storing, processing, or selling such content without the Service Provider’s written consent—with the exception of legal documents, as the User may download the Terms and Conditions and the Privacy Policy without any conditions or restrictions and may store them in any form.

12.2. Any material taken from the https://onsize.eu/ website and its database may only be reproduced with written consent and must include a reference to the specific website.

12.3. . The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names derived from them, and its online advertising spaces.

12.4. It is prohibited to adapt or reverse-engineer the content of the https://onsize.eu/ website or any part thereof; to create user IDs and passwords by unfair means; or to use any application that allows the https://onsize.eu/ website or any part thereof to be modified or indexed.

12.5. The name https://onsize.eu/ is protected by copyright; its use, with the exception of linking, is permitted only with the written consent of the Service Provider.

12.6. The User acknowledges that in the event of unauthorized use, the Service Provider is entitled to a penalty. The penalty is 60,000 HUF gross per image and 20,000 HUF gross per word. In the event of a copyright infringement, the Service Provider will use a notarial certification of facts, the cost of which will also be borne by the infringing user.

13. DATA PROTECTION

The website’s privacy policy is available at the following link: https://onsize.eu/pages/adatkezelesi-tajekoztato https://onsize.ro/pages/gdpr

Nagytarcsa, April 19, 2021

Sample Withdrawal Notice

(Please fill out and return only if you intend to withdraw from the contract)

Recipient (name, mailing address, email address, fax number, phone number): OnSize Kft., 2142 Nagytarcsa, Gránit utca 9.,info@onsize.eu , +36 20 237 9528

The undersigned hereby declares that he/she is withdrawing from

the purchase of the following goods: Date of order / date of receipt:

Name(s) of consumer(s):

Consumer(s)’ address:

Signature of the consumer(s) (only in the case of written notification): Date:

Version: 20 · Date of approval: April 19, 2021 · Date generated: April 19, 2021 · Date updated: March 6, 2026 · Certified and prepared by: Virtualjog.hu