Alt search loader
Need help? +36 70 3333 525

Right of withdrawal – FlexCom Kommunikációs Kft.

Impressum: Provider Details (Seller, Company)

  • Company Name / Operator: FlexCom Kommunikációs Kft.
  • Registered Office: Hungary, 2151 Fót, Szent Imre utca 94.
  • Mailing Address: Hungary, 2151 Fót, Szent Imre utca 94.
  • Branch & WebShop Pickup Point: Hungary, 2151 Fót, Móricz Zsigmond út 45.
  • Registry Court: Budapest Környéki Törvényszék Cégbírósága / Company Registry Court of Budapest-Environs
  • Company Registration Number: 13-09-172503
  • Tax ID: 23098976-2-13
  • VAT ID: HU23098976
  • Legal Representative: Horváth Zoltán
  • Phone: +36 70 333 3525
  • E-mail: info@gpstrackershop.eu
  • Website: gpstrackershop.eu
  • OTP Bank BIC/SWIFT: OTPV-HU-HB
  • OTP Bank IBAN (HUF): HU88 1171 4006 2044 8255 0000 0000
  • OTP Bank IBAN (EUR): HU32 1176 3141 3134 3886 0000 0000
  • Revolut Bank IBAN: LT40 3250 0855 1342 3279
  • Revolut Bank BIC/SWIFT: REVOLT21
  • MagnetBank IBAN: HU15 1620 0230 1004 4616 0000 0000
  • MagnetBank BIC/SWIFT: HBWEHUHB
  • Data Protection Registration Number: NAIH-58721/2012

Information on the consumer buyer's right of withdrawal

According to Section 8:1 (1) point 3 of the Civil Code (Ptk.), only a natural person acting outside their profession, independent occupation, or business activity qualifies as a consumer; therefore, legal entities cannot exercise the right of withdrawal without justification!

The consumer is entitled to the right of withdrawal without justification according to Section 20 of Government Decree 45/2014 (II. 26.). The consumer may exercise the right of withdrawal:

  • In the case of a contract for the sale of Goods;
  • the Goods themselves;
  • In the case of the sale of several Goods, if the delivery of individual Goods occurs at different times, from the receipt of the last delivered Good;
  • In the case of Goods consisting of several lots or pieces, from the receipt of the last lot or piece;
  • If the Goods are to be delivered regularly over a fixed period, from the first delivery;

within a period calculated from the day of receipt by the consumer or a third party designated by them, other than the carrier, which period is 14 calendar days.

The provisions of this point do not affect the consumer's right to exercise the right of withdrawal defined in this point also in the period between the day of the conclusion of the contract and the day of receipt of the Goods.

If the offer for the conclusion of the contract was made by the consumer, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the commitment related to the offer of concluding the contract.

In the event that the Seller has not informed the consumer about the period for exercising the right of withdrawal and other conditions (particularly the provisions of Section 22 of the Government Decree), as well as the model declaration according to Annex 2, the aforementioned withdrawal period is extended by 12 months. If the Seller has provided the consumer with the information regarding the exercise of the right of withdrawal within 12 months after the expiration of the original period, the period for withdrawal or termination expires on the 14th day after the communication of this information.

Detailed rules on contracts between consumers and businesses according to Government Decree 45/2014 (II. 26.) are available here.

Declaration of withdrawal, exercise of the consumer's right of withdrawal or termination

The consumer can exercise the right guaranteed in Section 20 of Government Decree 45/2014 (II. 26.) through an unequivocal statement to this effect or by using the model declaration form, which is also downloadable from the website.

Validity of the consumer's declaration of withdrawal

The right of withdrawal is considered exercised within the deadline if the consumer sends the declaration before the deadline expires. In the case of withdrawal or termination in writing, it is sufficient to send the declaration within the deadline. The burden of proof that the right of withdrawal was exercised in accordance with this provision lies with the consumer. The Seller is obliged to confirm the receipt of the consumer's declaration of withdrawal on an electronic data carrier immediately upon its arrival.

Seller's obligations in the event of consumer withdrawal

Seller's refund obligation

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the full amount paid by the consumer as consideration, including costs incurred in connection with performance, thus also the delivery fee, no later than fourteen days after becoming aware of the withdrawal. Please note that this provision does not apply to additional costs caused by choosing a delivery method other than the least expensive standard delivery method.

Method of the Seller's refund obligation

In the case of withdrawal or termination according to Section 22 of Government Decree 45/2014 (II. 26.), the Seller shall refund the amount due to the consumer using the same payment method used by the consumer. With the express consent of the consumer, the Seller may use another payment method for the refund, but the consumer may not be charged any additional fees as a result. The Seller is not liable for delays resulting from an incorrect and/or inaccurate bank account number or postal address provided by the consumer.

Additional costs

If the consumer explicitly chooses a delivery method other than the least expensive standard delivery method, the Seller is not obliged to refund the resulting additional costs. In such a case, our refund obligation exists up to the amount of the indicated general shipping rates.

Right of retention

The Seller may withhold the refund due to the consumer until the consumer has returned the Goods or has provided unequivocal proof that they have been sent back; the earlier of the two dates shall be taken into account. We are unable to accept shipments sent via cash on delivery (C.O.D.) or with postage to be paid by the recipient.

Consumer's obligations in the event of withdrawal or termination

Return of the Goods

If the consumer withdraws from the contract in accordance with Section 22 of Government Decree 45/2014 (II. 26.), they are obliged to return the Goods without delay, and no later than fourteen days from the communication of the withdrawal, or to hand them over to the Seller or a person authorized by the Seller to receive the Goods. The return is considered completed within the deadline if the consumer sends the Goods before the deadline expires.

Bearing the direct costs related to the return of the Goods

The consumer bears the direct cost of returning the Goods. The Goods must be sent to the Seller's address. If the Seller also sells the Goods in a retail outlet and the consumer exercises the right of withdrawal in person at the business's retail outlet, they are entitled to return the goods to the business at the same time. If the consumer terminates a service contract concluded away from business premises or at a distance after the start of performance, they are obliged to pay the business an amount proportional to the service provided up to the moment of communication of the termination. Please note that we are unable to accept Goods returned via cash on delivery (C.O.D.) or with postage to be paid by the recipient.

Consumer's liability for depreciation

The consumer is liable for the depreciation of the Goods resulting from handling the Goods beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

The right of withdrawal cannot be exercised in the following cases

The Seller explicitly draws your attention to the fact that you cannot exercise your right of withdrawal in the cases provided for in Section 29 (1) of Government Decree 45/2014 (II. 26.):

  • after the full performance of the service; however, if the contract creates a payment obligation for the consumer, this exception can only be invoked if performance began with the consumer's express prior consent and their acknowledgment that they lose their right of withdrawal once the business has fully performed the contract;
  • regarding Goods or services whose price or fee depends on financial market fluctuations that the business cannot control and which may occur within the withdrawal period;
  • in the case of non-prefabricated Goods that were manufactured based on the consumer's instructions or at their express request, or in the case of Goods clearly personalized for the consumer;
  • regarding perishable Goods or Goods that deteriorate quickly in quality;
  • regarding sealed Goods which cannot be returned for health protection or hygiene reasons if they were unsealed after delivery (We warn you that regarding such goods, use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods leads to the loss of the right of withdrawal);
  • regarding Goods which, by their nature, are inseparably mixed with other items after delivery;
  • regarding an alcoholic beverage whose actual value depends on market fluctuations in a way that the business cannot control, and whose price was agreed upon by the parties at the time of the conclusion of the sales contract, but the performance of the contract can only take place after the thirtieth day following its conclusion;
  • in the case of a service contract where the business visits the consumer at their express request for the purpose of performing urgent repair or maintenance work;
  • regarding the sale of a sealed sound or video recording, as well as a copy of computer software, if the consumer has unsealed the packaging after delivery;
  • regarding newspapers, periodicals, and magazines, with the exception of subscription contracts;
  • in the case of contracts concluded at a public auction;
  • with the exception of housing services – in the case of contracts for the provision of accommodation, transport, car rental, catering, or services related to leisure activities, if the contract provides for a specific performance date or deadline;
  • regarding digital content provided on a non-material data carrier, if the Seller began performance with the consumer's express prior consent and the consumer declared, simultaneously with this consent, their acknowledgment that they lose their right of withdrawal after the start of performance, and the business has sent a confirmation to the consumer.