Dianasilver.hu Webshop

General Terms and Conditions

Introduction

Dear Prospective Customer!

Please read these Terms and Conditions carefully if you wish to become a customer or an active user of our webshop! Please note that if you wish to use our services, you must accept all the points of these General Terms and Conditions and consider them binding on you!

These General Terms and Conditions (hereinafter referred to as “GTC“) covers the Diana Silver Limited Liability Company (registered office 1089 Budapest, Gaál Mózes utca 5-7. Fsz. 29. door.; company registration number: 01-09-344170) than For sale (hereinafter referred to as “For sale“) provided by, https://dianasilver.hu covers the services available on the website, defines the procedure for the conclusion of the contract between the parties, the content of the sale, the user of the services (hereinafter: user/customer/customer), and For sale rights and obligations, as well as the conditions for amending, terminating or terminating the contract.

If you have any questions regarding the operation, ordering or processing of the website, please contact us at the contact details provided (point II).

  1. Scope, language, governing law of the GTC

    1. The scope of these GTC is published on the Service Provider’s website (https://dianasilver.hu) and its subdomains. These GTC are permanently available and can be downloaded from the following website: https://dianalsilver.hu/aszf

    1. According to Act V of 2013 on the Civil Code (hereinafter: “Civil Code”), a consumer is a natural person acting outside the scope of his/her profession, self-employment or business activity. The present GTC contain the rules applicable to the contract between the Seller and the Consumer Buyer.

    1. The contract concluded under these GTC is concluded in electronic form only, does not constitute a written contract and does not refer to a code of conduct. These GTC are concluded in Hungarian and are governed by the rules of Hungarian law.

    1. These GTC shall be effective from 1 February 2025 and shall remain in force until revoked. The Seller shall be entitled to amend these Terms and Conditions unilaterally. The amended GTC will be published by the Seller on the website on the day of its entry into force.

    1. By using the website, users agree that all rules relating to their use of the website automatically apply to them.

  1. Service provider: operator data – Company information

A www.dianasilver.hu online shop on Diana Silver Korlátolt Felelősségű Társaság (hereinafter: “Diana Silver Ltd.” or “Service Provider”) “Diana Silver”, hereinafter referred to as “the Provider”.

Company name: Diana Silver Korlátolt Felelősségű Társaság (“Diana Silver Ltd.”)

Seat: 1089 Budapest, Gaál Mózes utca 5-7. Fsz. 29. door Represented by: Diána Varga Managing Director

Tax number: 26775430-2-42

Community tax number: HU26775430

Company registration number: Cg.01-09-344170

Commercial court registering the company: the Commercial Court of the Metropolitan Court of Budapest

Contract language: Hungarian

Customer service, name of contact person: Varga Diána

Contact details of the service provider, regularly used e-mail address for contacting customers: info@dianasilver.hu

Bank account details

Account holder bank: OTP BANK NYRT. (8100 Várpalota, Újlaki utca 2.)

Bank account holder: Diana Silver Kft.

Bankszámlaszám:11748076-25511583-00000000

In case of transfer from abroad:

IBAN: HU31 1174 8076 2551 1583 0000 0000

SWIFT code : OTPVHUHB

BANK head office: 1051 Budapest, Nádor u.16.

Phone +36 30 150 5266

Number of the repository and contact details.

6722 Szeged, Tisza Lajos körút 41.

https://www.rackhost.hu/

  1. Subject of the contract, use of the service

    1. A contract concluded between Diana Silver Ltd. as the seller and the Customer/Consumer as the buyer is concluded between the parties when a purchase is made from our webshop. in accordance with Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses.

A distance contract is a consumer contract concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract.

    1. Device for communication in absentia: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices.

Contracts covered by these GTC are not contracts in writing.

    1. In order to accept the order, the Customer’s details are required, which are available on the ordering pages of the website. In the case of incomplete or inaccurate data, the Seller is not able to accept the order and is not liable for the consequences thereof.

It is the Customer’s responsibility to ensure that the data entered is accurate, given that the Product will be invoiced and delivered on the basis of the data provided. By placing an order, the Customer acknowledges that the Seller is entitled to charge the Customer for all damages and costs resulting from incorrect data entry or inaccurate data. An incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in the non-delivery of the confirmation and prevent the conclusion of the contract.

A business may not require the consumer to pay for goods or services for which no contract has been concluded.

    1. Subject of the contract in the online shop any jewellery, accessories that can be placed in a shopping basket (hereinafter referred to as “Product“). Products are identified by an article number. Most of the products marketed are manufactured outside the European Union.

The images shown on the Product Data Sheets may differ from the real ones, in some cases they are used as illustrations. The information on the product page is for information purposes only! The pictures are sometimes illustrations, the colours may not always correspond to reality! The seller makes every effort to ensure that the data and information (price, availability, description, etc.) displayed on its website are as comprehensive and accurate as possible. The Seller’s liability for any errors is governed by the provisions of Government Decree 45/2014 (26.II.26.) and the Civil Code. The Seller shall not be liable for obvious mistakes or errors resulting from obvious errors in the recording of data.

    1. Orders can only be placed electronically via the Internet at www.dianasilver.hu. Orders placed by telephone, fax, e-mail or letter are not accepted.

    1. Digital technical protection The annual uptime of the servers serving the website is 99.9% for big data. To minimise data loss, regular backups are made so that the original data content can be restored in the event of a technical problem. The data stored on the website is managed by the Service Provider in a MySQL database with appropriate access control and authorisation management. Sensitive data is protected by state-of-the-art encryption procedures, and passwords are stored using strong cryptographic hash algorithms (e.g. bcrypt, Argon2) and unique salting. To increase data security and processing efficiency, servers use hardware encryption support (e.g. AES-NI).

  1. Prices

    1. The price and unit price of the Products, as well as the discounts and savings available on purchase, are indicated in detail next to the relevant Products in accordance with the applicable legal provisions.

    1. A The price indicated next to the products is the gross price of the product, expressed in HUF. The prices shown as the amount payable for the Products include the statutory value added tax in force at the time (currently 27%). No extra packaging costs are charged.

The prices displayed for each Product do NOT include the delivery fee! The final total is the price including delivery of the Products.

    1. The final price of the Product and the delivery service is the price that is stated next to the Product name at the time of approval and in the confirmation e-mail. If an order or orders are modified or merged for any reason, the modified order will be subject to the delivery and payment terms in effect at the time of modification.

    1. The Service Provider reserves the right to change the prices of the Products in the webshop. The Service Provider reserves the right to withdraw any promotion without prior notice. The changes will take effect at the same time as they are published on the website, provided that orders already placed will not be affected. The price of our silver jewellery is indicated in HUF and may vary depending on the current world market price of gold/silver and fluctuations in the Euro exchange rate.

    1. Incorrect price: due to a technical or other error, you may see an incorrect price on the website. In this case, the Seller is not obliged to sell the product at the incorrect price and reserves the right to cancel the order.

    2. In case of an incorrect price offer, no contract will be concluded between the parties. If the Customer submits an order at an incorrect price, the system may automatically confirm it, but this does not constitute acceptance of the offer by the Seller.

    3. If the Customer has placed an offer (order) at an incorrect price, the Seller will notify the Customer of the correct price and provide the opportunity to confirm the order at the correct price. The Customer is not obliged to make a new offer at the correct price. If the Customer does not accept the correct price, no contract is concluded between the parties and the Seller is under no obligation to deliver or hand over any Products.

  1. The order

    1. General information:

The buyer can place the order with or without registration.

Please ensure that you enter your details accurately for billing and delivery purposes.

The Customer is fully responsible for all orders and other transactions in which his password is used. It is the Customer’s responsibility to ensure that his password is kept properly confidential.

If the Buyer becomes aware that the password provided during registration has been accessed by an unauthorised third party, he/she shall immediately change his/her password, and if it is suspected that the third party is misusing the password in any way, he/she shall notify the Seller at the same time.

The order can only be considered as accepted and registered if the Customer fills in the fields on the site completely and with real data when registering and placing the order. The Seller, as the operator of the webshop, shall not be liable for any damages resulting from failure to do so or for any technical problems that may arise during the process.

From Products on sale category, you can find all the products on sale in the store. For each product, the start and expiry date of the promotion are indicated separately, or the start date and the expiry date of the promotion. subject to stock availability designation.

    1. Registration: Registration can be done by filling in the form on the main page under Login/Register or by embedding it in the payment process. Under Registration, you will be required to enter a real email address, name and a password of your choice. Once the data has been entered, the Registration will be created and a confirmation message will be sent to the e-mail address provided. By registering on the Website, the Customer declares that he/she has read and accepted the terms and conditions of these GTC and the Privacy Policy published on the Website and that he/she consents to the processing of data as set out in the Privacy Policy.

The Seller shall not be liable for any delay in delivery or any other problem or error caused by the Customer’s incorrect and/or inaccurate information. The Seller shall not be liable for any damages resulting from the Customer forgetting his password or from the password becoming available to unauthorised persons for any reason beyond the Seller’s control. Seller shall treat each registration as a single individual. It is possible to change previously recorded data after logging in, by clicking on the Personal Settings link and going to the Change Personal Data menu, which may also affect the data of active orders. The Service Provider shall not be liable for any damage or error resulting from the modification of the registered data by the Customer. The Customer shall be obliged to notify the Seller of any changes to the data relating to the registration or to make the data changes in person.

    1. The order process:

  1. Product selection: the customer has the possibility to choose and order products from the store. The customer can choose to order or select a product from the shop.

  2. Add to Cart: Add the Product you wish to purchase to your cart by clicking on the “Add to Cart” button on the product’s data page.

  3. View Cart: click on the “View Cart” button to see the products you have added to your cart, the total amount of your invoice and the shipping cost. When using the website, the Customer can check the contents of the basket at any time by clicking on the basket icon at the top right of the website. Here they can check that their order is correct, in particular as regards prices and quantities, which they can modify or correct as required. You can remove selected products from the basket or change the quantity of the product. After clicking on the “Update” button, the information corresponding to the data changed by the Customer will be displayed, including the price of the products added to the basket. The shopping cart will automatically calculate the total amount of the order. If you do not wish to purchase any additional products, please check the number of items you wish to purchase. Click on the “delete” button to delete the contents of your shopping cart. If the Customer does not wish to select any further products and add them to the basket, he can continue the purchase by clicking on the “Checkout” button.

  4. Select mode of transport: Buyer selects the most convenient pick-up option.

  5. Choosing a payment method

  6. Shipping / Billing and login details /If you have already registered you can login. Once registered, you can log in as a user and immediately send your order without entering your shipping and billing details. You only need to enter your details once, you will not need to do this step for future purchases.

  7. After entering your details, you can click on the “Order” button to send your order, but before you do so you can check the details again or send a comment with your order. You can identify and correct any data entry errors before sending your order electronically (e.g. delete product, check price). In the case of orders covered by these GTC, the Buyer shall be deemed to be the Bidder and the contract shall be concluded upon acceptance by the Seller of the offer made by the Buyer through the Website, in accordance with the provisions of these GTC. By clicking on the “Order” button, the Buyer expressly acknowledges that his offer shall be deemed to have been made and that his declaration shall, in the event of confirmation by the Seller in accordance with these GTC, entail an obligation to pay.

  8. Immediately after sending your order, you will receive an automatic confirmation of acceptance of your order (purchase offer) by e-mail, including all the details related to your order. You can enquire about your order by referring to the order number contained in this e-mail.

  9. In the event that the Seller does not confirm the order within 48 hours, the Customer shall be released from the obligation to submit an offer.

  10. The service provider will issue a VAT invoice for the transaction in full compliance with Hungarian law at all times. The invoice shall be sent to the customer electronically.

    1. The buyer has the right to cancel his registration at any time. Cancellation of registration is possible by sending a letter of intent to the following e-mail address: info@dianasilver.hu . This option is available if you do not have a pending order registered.

Upon receipt of the message, the Seller shall immediately, but no later than during the customer service hours, ensure the cancellation of the registration. The Buyer’s user data will be removed from the system immediately after the cancellation; however, this does not affect the retention of data and documents related to orders already placed and does not result in the deletion of these data. Once removed, it is no longer possible to restore the data.

    1. Service provider reserves the right to refuse registration, in some cases preventing you from making a purchase from the online shop. Such a case may be, for example, if the customer already has a debt to the Service Provider.

    2. Products in our webshop can be ordered by personal delivery or home delivery. Address for personal pick-up: 1089 Budapest, Gaál Mózes utca 5-7. Apartment 29. door.

    3. Order processing: orders are processed between 8:00 and 15:30 on working days. Orders may be placed at any time outside the times indicated as order processing times, but if placed after the above time period, they will only be processed on the following working day. In all cases, our staff will confirm by e-mail when our webshop can fulfil your order. In the event that the Supplier does not confirm the order within 48 hours, the Customer shall be released from the obligation to make an offer.

General delivery time: the ordered Product will be dispatched within 1 working day of the confirmation if you place your order between 8:00 and 15:30 on working days. If your order is placed on public holidays, or outside the above time interval, and if the product is shipped from an external warehouse, the delivery time is 2 working days, but you can always see the expected delivery time when placing your order.

Rules for partial fulfilment: partial fulfilment of the order may only be carried out with the prior approval of the Customer, if the delivery date of products that can be delivered from an external warehouse changes, we will always inform you by e-mail.

    1. On the basis of the sales contract, the Service Provider is obliged to transfer the ownership of the item, the User is obliged to pay the purchase price and take delivery of the item.

    2. If the seller is an undertaking and the buyer is a consumer and the seller undertakes to deliver the goods to the buyer, the risk of loss or damage passes to the buyer when the buyer or a third party designated by the buyer takes possession of the goods. The risk passes to the buyer at the time of delivery to the carrier if the carrier has been engaged by the buyer, provided that the carrier has not been recommended by the seller.

    3. If the seller is an undertaking and the buyer is a consumer, the seller must, unless the parties agree otherwise, make the goods available to the buyer without delay after the conclusion of the contract, but within thirty days at the latest.

    4. In case of delay by the Seller, the Buyer is entitled to set a grace period. If the seller does not perform within the grace period, the buyer has the right to withdraw from the contract.

    5. The Buyer has the right to withdraw from the contract without notice if the Seller has refused to perform the contract; or the contract should have been performed at the time agreed by the parties or by the recognisable purpose of the service and not at any other time.

    6. If the Seller fails to fulfil his contractual obligation because the product specified in the contract is not available, he shall immediately inform the Buyer thereof and immediately refund the amount paid by the Buyer.

    7. The Buyer shall expressly inform the Seller of any request by the Seller to start performance of the contract for the provision of services before the expiry of the period for exercising the right of withdrawal. In such a case, the Customer must declare that he acknowledges that he cannot exercise his right of withdrawal after the service has been provided in its entirety.

  1. How to pay for the product ordered

6.1. Bank transfer (Advance payment)

You can also pay the price of the product(s) ordered in advance by bank transfer to Diana Silver Ltd.
Details required for transfer:

  • Name of beneficiary: Diana Silver Kft.

  • Bank account number (OTP Bank Plc.): 11748076-25511583-00000000

  • Notice: Order identification number (included in the confirmation e-mail)

For international transfers

  • IBAN: HU31 1174 8076 2551 1583 0000 0000

  • SWIFT code: OTPVHUHB

📌 Important:

  • The reference within 7 calendar days of the order must be paid within 7 days.

  • If the payment is not received within the deadline, the order will be automatically cancelled and a notification will be sent.

  • Delivery of the products for the amount after the amount has been credited to your bank account is made.

  • Please note that bank transfers can take up to 1-3 working days to process. Delivery will only start once the full amount has been received in our bank account.

6.2. Online payment with SimplePay

In our webshop SimplePay secure online payment system you can also pay by credit card.

A SimplePay operates to the highest security standards and has PCI DSS certification. The system is secured via an encrypted data connection fast and secure transactions.

Accepted payment methods:

✔ Payment by credit card (Visa, MasterCard, Maestro)
✔ Fast payment with Simple account
✔ Digital wallets (Apple Pay, Google Pay)

🔒 The SimplePay system is available 24/7so you can make your purchases conveniently and securely at any time.

📌 Payment process:

  1. Once the order is finalised, you will be automatically redirected to the SimplePay secure payment page.

  2. Enter the necessary card details or select the quick payment options (Simple account, Apple Pay, Google Pay).

  3. You will receive a confirmation of a successful transaction and the order will be processed.

❗ Important: SimplePay cannot be held responsible for any technical disruptions, but will rectify them as soon as possible. In the event of maintenance and system upgrades, the service may be unavailable for short periods.

  1. Delivery and performance conditions

Our webshop delivers the purchased products, subject to stock availability, by the deadline indicated at the time of ordering, as described in point VII.

Products on our webshop pages are typically in stock, with current stock information displayed next to each product.

If, after the order is placed, it turns out that the product is not in stock, our online store will contact the Customer immediately and the order may be modified or any prepaid amount will be refunded within 30 days of the information.

7.1. Delivery methods

All orders in our webshop are sent to Kvikk courier service system which offers a range of delivery options. Before finalising the order, the system displays the exact delivery options available and the current delivery costs.

🏠 Home delivery

The parcels are delivered by Kvikk’s partners to the address provided by the Customer. Home delivery is carried out through the following service providers:

  • MPL (Hungarian Post) home delivery

  • Express One home delivery

  • Fáma Courier home delivery

Deliveries are made on working days 8:00 and 17:00 Between. In case of unsuccessful delivery, the courier retries delivery once free of charge. If the second delivery is unsuccessful, the parcel will be returned to our warehouse and the cost of reshipment will be borne by the Customer.

Home delivery: 1-3 working days

Parcel delivery: 1-3 working days

Postal collection: 2-5 working days

Personal pick-up: by prior arrangement

📦 Parcel delivery pickup

Customers can also request their orders to be delivered to a parcel machine, which is provided by the following service providers:

  • MPL Parcel vending machine

  • Foxpost parcel machine

  • Packeta Z-Box

  • Express Alzabox

About the arrival of the parcel Receive SMS and e-mail notifications, and according to the policy of the respective operator within 72 hours must take over. The list and location of parcel machines is available on the operators’ websites:

🏤 Postal pickup and Postpoints

You can also request orders for personal collection at post offices or collection points.

  • MPL Remaining service at the Post Office – can be requested to any post office in the country.

  • MPL Postal points (e.g. COOP, MOL wells, other pick-up points)

  • Express One OMV pick-up points

In the case of parcels remaining in the post, the customer must. within 5 working days and proof of identity is required.

🏢 Personal receipt

Available at by prior arrangement at the address given by our webshop. The exact time and place of pick-up will be notified to the Customer by e-mail.

📌 Important information:

  • All courier services will send you an email or SMS notification of the arrival of the parcel.

  • The pick-up options and fees are accurately displayed in the webshop when you place your order.

  • For more information on current tariffs and available providers, please visit the official Kvikk support page:
    🔗 Kvikk Service Providers

Delivery charges are the same as the prices published on the webshop.

  1. Right of withdrawal

    1. How to exercise the right of withdrawal

The right of withdrawal and the rules set out in this clause apply to natural persons acting outside the scope of their profession, self-employment or business activity who buy, order, receive, use or avail themselves of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as the Consumer Buyer).

the last delivered product, or in the case of the supply of several products, the last delivered lot or piece, if the goods are to be supplied regularly within a specified period, from the date of the first service by the Consumer Buyer or a third party other than the carrier indicated by the Consumer Buyer, or the Customer may withdraw from the contract without giving any reason within fourteen (14) days of the day on which the Customer receives the goods from the Supplier or his substitute.

The Consumer Buyer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

If the Consumer wishes to exercise the right of withdrawal, the Consumer must send a clear declaration of his/her intention to withdraw (for example by post, fax or electronic mail) to the Seller using the contact details indicated in clause 1 of these GTC. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail. The Consumer Buyer shall exercise his right of withdrawal within the time limit if he sends his withdrawal to the Seller before the expiry of the time limit indicated above.

The burden of proof that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in Clause 8.1 of the GTC shall lie with the Consumer.

In both cases, the Customer will immediately acknowledge receipt of the Customer’s withdrawal by e-mail.

In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer Customer sends a declaration to this effect to the Seller within 14 calendar days (up to the 14th calendar day).

In case of notification by post, the Service Provider will take into account the date of posting, in case of notification by e-mail or fax, the date of sending the e-mail or fax for the calculation of the time limit.

The Consumer shall post the Customer’s letter by registered mail so that the date of dispatch can be credibly proven.

In case of withdrawal, the Consumer Customer is obliged to return the ordered goods to the address of the Service Provider indicated in point II without undue delay, but no later than 14 days from the date of the communication of the withdrawal, or to hand them over to the company or to a person authorised by the company to receive the goods, unless the company has undertaken to return the goods itself. The time limit is deemed to have been observed if the Consumer dispatches (posts or delivers to a courier service ordered by him) the goods before the expiry of the 14-day time limit.

The cost of returning the product to the Seller’s address shall be borne by the Consumer. The Buyer shall not be charged any other costs in connection with the withdrawal other than the cost of returning the product.

If the Consumer Buyer withdraws from the contract, the Seller shall reimburse the Consumer Buyer immediately, but no later than 14 days after receipt of the Consumer Buyer’s notice of withdrawal, for all consideration paid by the Consumer Buyer, including the cost of carriage (delivery), excluding any additional costs incurred because the Consumer Buyer has chosen a mode of carriage other than the cheapest usual mode of carriage offered by the Seller. The Seller shall be entitled to withhold the refund until the goods have been returned or the Consumer Buyer has provided credible proof that they have been returned, whichever is the earlier. In the case of a contract for the sale of goods, the Seller may withhold payment until the Buyer has returned the goods to the consumer or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. The Seller shall not be entitled to withhold payment if he has undertaken to return the goods himself.

The refund shall be made by the Seller using the same method of payment as the one used in the original transaction, unless the Consumer explicitly gives his consent to the use of a different method of payment; no additional costs shall be borne by the Buyer as a result of the use of this method of refund.

The Buyer shall only be liable for depreciation of the product if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product. The consumer shall not be liable for the depreciation if the Seller has failed to comply with the obligation to provide the information provided for in Article 11(1)(i) of Government Decree 45/2014 (26.II.2014).

    1. The buyer does not have the right of withdrawal

However, in the case of a contract for the provision of a service, once the service has been fully performed, if the contract imposes a payment obligation on the consumer, only if performance has begun with the consumer’s express prior consent and the consumer’s knowledge that he will lose his right of withdrawal once the business has fully performed the contract.

For a product or service whose price or price is subject to the possible fluctuations of the financial market, which cannot be influenced by the Seller, even during the withdrawal period.

For non-prefabricated goods which have been produced by the Seller on the instructions of the Consumer or at the express request of the Buyer, or for goods which are clearly personalised for the Buyer.

In respect of perishable goods or goods which retain their quality for a short period.

For sealed goods that cannot be returned after opening after delivery for health or hygiene reasons.

In respect of goods which, by their nature, are inseparably mixed with other goods after delivery.

For an alcoholic beverage whose actual value depends on market fluctuations beyond the Seller’s control and whose price was agreed between the parties at the time of the conclusion of the sales contract, but the contract is only performed after the thirtieth day from the date of conclusion.

In the case of a contract for work where the Seller visits the Buyer at the express request of the Consumer Buyer to carry out urgent repair or maintenance work.

For the sale of a copy of a sound or video recording or computer software in sealed packaging, if the Consumer Customer has opened the packaging after delivery.

For newspapers, periodicals and periodicals, with the exception of subscription contracts.

For contracts concluded by public auction.

For contracts for the provision of accommodation, transport, car rental, catering or leisure services, with the exception of residential services, where a deadline or period for performance has been specified in the contract.

In respect of digital content provided on a non-tangible medium, if the Seller has commenced performance with the express prior consent of the Consumer Buyer and the Consumer Buyer has, at the same time as giving such consent, acknowledged that he/she will lose the right of withdrawal once performance has commenced.

  1. LIABILITY – Liability for defective performance

9.1. Accessories warranty

In the event of defective performance by the Seller, the Buyer may assert a claim for warranty against the company in accordance with the provisions of Act V of 2013 on the Civil Code.

In the case of a consumer contract, the Buyer, who is a Consumer, may enforce his/her warranty claims during the 2-year limitation period from the date of receipt for product defects that existed at the time of delivery. After the two-year limitation period, the User may no longer enforce his rights under the warranty.

In the case of a contract not concluded with the Consumer, the Customer may enforce its warranty claims within the limitation period of 1 year from the date of receipt.

The Buyer may, at his option, make the following claims under the warranty of the Accessories:

  1. It may request repair or replacement, unless it is impossible or would involve disproportionate additional costs for the Seller to meet the request chosen by the Buyer compared to any other request.

The repair or replacement must be carried out within a reasonable period of time, taking into account the characteristics of the item and the purpose for which the Buyer expects it to be used, and without prejudice to the Buyer’s interests.

  1. If the repair or replacement has not been or could not have been requested by the Buyer, or the Seller has not undertaken to repair or replace the goods, or the Seller has failed to repair or replace the goods within a reasonable time, having regard to the characteristics of the goods and the intended use which the Buyer can reasonably be expected to have made of them, the Seller’s interests, the Buyer may request a proportionate reduction of the consideration or the Buyer may have the defect repaired or replaced at the Seller’s expense or, in the last resort, may withdraw from the contract.

No withdrawal due to a minor defect.

The Buyer may transfer from one warranty right to another, but the cost of such transfer shall be borne by the Buyer, unless it was justified or the Seller has given a reason for it.

The Buyer shall notify the Seller of the defect immediately upon discovery, but not later than two (2) months after discovery of the defect.

The Buyer may assert a warranty claim directly against the Seller.

The Buyer’s warranty claim shall expire two years after the date of performance. The Buyer may assert his rights under the warranty as a defence against a claim arising out of the same contract even if the warranty claim is time-barred.

In the case of a defect discovered within six months of performance (i.e. after delivery or acceptance), the defect must be presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the defect or the nature of the product. The Seller shall be exempted from the warranty only if he rebuts this presumption, i.e. proves that the defect in the goods arose after delivery to the Buyer. On this basis, the Seller is not obliged to accept the Buyer’s claim if he can prove to the satisfaction of the Seller that the defect is due to improper use of the product. However, after six months from the date of performance, the burden of proof is reversed, i.e. in the event of a dispute, it is for the Buyer to prove that the defect existed at the time of performance.

The Seller shall bear the costs related to the fulfilment of the warranty obligation.

If the failure of the object was caused by the Buyer’s failure to comply with the maintenance obligation, the Buyer shall bear the costs incurred in fulfilling the warranty obligation in proportion to his/her contribution, if he/she had knowledge of the maintenance of the object or if the Seller has fulfilled his/her obligation to inform in this respect.

The Buyer is liable only for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the product.

9.2. Product Warranty

Product warranty can only arise in the event of a defect in movable goods (product). In such a case, the Buyer, as a consumer, may, at his option, exercise his right under clause 9.1 of these GTC or claim under the product warranty.

As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

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

The Buyer shall notify the manufacturer of the defect without delay after the defect has been discovered. A defect notified within two months of its discovery shall be deemed to have been notified without delay. The Buyer shall be liable for any damage resulting from the delay in notification. The Buyer may assert a product warranty claim within two (2) years of the date on which the product was placed on the market by the manufacturer. After the expiry of the two-year period, he shall lose this right.

The Buyer may only exercise his right to claim under the product warranty against the manufacturer or distributor of the movable item.

In the event of a product warranty claim, the Buyer must prove that the product is defective.

The manufacturer (distributor) is only released from his product warranty obligation if he can prove that:

  • manufactured or marketed the product for purposes other than its business, or

  • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or

  • the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

The same defect may not give rise to both a warranty claim and a product warranty claim at the same time. However, in the event of a successful product warranty claim, the Buyer may assert a warranty claim against the manufacturer for the replaced product or repaired part.

9.3. Good standing

The mandatory warranty for certain consumer durables is regulated by Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.

The mandatory guarantee period for the durable consumer goods listed in the Annex to the Government Decree is 1 year, starting from the date of delivery of the product to the Buyer or, if the installation is carried out by the Seller or his agent, from the date of installation.

The seller is released from his warranty obligation only if he proves that the cause of the defect arose after performance.

The Buyer may not assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time and in parallel, and the Buyer shall have the rights arising from the warranty irrespective of the rights set out in clauses 9.1. and 9.2.

9.4. Enforcement of warranty and guarantee claims

The Customer can make a warranty claim using the following contact details:

Company name: Diana Silver Limited Liability Company (hereinafter referred to as “Diana Silver Ltd.”)

Seat: 1089 Budapest, Gaál Mózes utca 5-7. Fsz. 29. door

E-mail address: info@dianasilver.hu

  1. ENFORCEMENT OPTIONS

10.1. Place, time and manner of lodging a complaint

The Buyer may submit consumer complaints about the product or the Seller’s activities to the following contact details:

Company name: Diana Silver Korlátolt Felelősségű Társaság (“Diana Silver Ltd.”)

Seat: 1089 Budapest, Gaál Mózes utca 5-7. Fsz. 29. door

E-mail address: info@dianasilver.hu

The seller will remedy the verbal complaint immediately, if possible. If the immediate remedy of the oral complaint is not possible, due to the nature of the complaint or if the Buyer does not agree with the handling of the complaint, the Seller shall keep a record of the complaint for a period of five years, together with his substantive response to the complaint.

The Seller shall deliver a copy of the report to the Buyer on the spot in the case of a verbal complaint communicated in person (on the premises) or, if this is not possible, in accordance with the rules for written complaints detailed below.

The Seller shall send a copy of the report to the Buyer at the latest at the same time as the reply on the merits in the case of an oral complaint made by telephone or other electronic communication service.

In all other cases, the Seller will proceed according to the rules for written complaints.

Complaints recorded by telephone or other means of communication will be provided by the Seller with a unique identifier, which will simplify the tracing of the complaint in the future.

The seller will reply to the written complaint within 30 days. Action under this contract means posting.

If the complaint is rejected, the Seller shall inform the Buyer of the reasons for the rejection.

10.2. Other enforcement options

If any consumer disputes between the Seller and the Buyer are not resolved through negotiations with the Seller, the following enforcement options are available to the Buyer:

  • Complain to the consumer protection authority,

  • Initiation of a conciliation body procedure (contact details of the competent conciliation body of the seller’s place of establishment must be indicated),

  • Initiate court proceedings.

If any consumer dispute between the Seller and the consumer Buyer is not resolved during the negotiations, the following enforcement options are available to the consumer:

Complaints about the to consumer protection authorities. If the consumer notices a violation of the consumer’s rights, he or she has the right to lodge a complaint with the consumer protection authority in his or her place of residence. Once the complaint has been examined, the authority decides whether to initiate consumer protection proceedings. The first level consumer protection authority is the district office responsible for the consumer’s place of residence, a list of which can be found here: http://jarasinfo.gov.hu/

Court proceedings. The Customer is entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure. Legal proceedings may be initiated by filing a statement of claim with the competent and competent court.

The Buyer may have a consumer complaint against the Seller. In the event that the Seller rejects the Buyer’s consumer complaint, the Buyer is also entitled to refer the matter to the Conciliation Body competent for the place of residence or stay of the Buyer: the initiation of the Conciliation Body’s proceedings is subject to the consumer’s direct attempt to settle the dispute with the business concerned (the Seller). The conciliation body designated in the consumer’s application is competent to take action on the basis of the consumer’s request instead of the competent body.

The seller has a duty of cooperation in the conciliation procedure.

In this context, the right of businesses to request the conciliation body to obligation to send a reply to the invitationand an obligation to make a complaint to the conciliation body obligation to appear before the (“to ensure the attendance of a person authorised to conclude a settlement at a hearing”).

If the seat or establishment of the business is not registered in the county of the chamber operating the territorially competent conciliation body, the business’s obligation to cooperate extends to offering the consumer the possibility of a written settlement in accordance with his or her request.

The conciliation body is responsible for settling consumer disputes out of court. The conciliation body’s task is to attempt to reach an agreement between the parties to resolve the consumer dispute and, if this is unsuccessful, to rule on the case in order to ensure that consumer rights are enforced in a simple, quick, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the business, advise on the rights and obligations of the consumer.

The conciliation body’s proceedings are initiated at the request of the consumer. The request must be submitted in writing to the chairman of the conciliation body: the requirement of written form may be met by letter, telegram, telex or fax, or by any other means which permits the recipient to store the data addressed to him permanently for a period of time adequate for the purposes for which the data were intended and to display the data in their unaltered form and content.

The application must include

  1. the name, residence or domicile of the consumer,

  2. the name, registered office or place of business of the business involved in the consumer dispute,

  3. if the consumer has requested the designation of the competent conciliation body instead of the body having jurisdiction,

  4. a brief description of the consumer’s position, the facts supporting it and the evidence to support it,

  5. a statement by the consumer that the consumer has tried to resolve the dispute directly with the business concerned

  6. a declaration by the consumer that he has not initiated proceedings before any other conciliation body, that no mediation procedure has been initiated, that no application for a claim has been lodged or that no application for an order for payment has been submitted,

  7. a motion for a decision of the panel,

  8. the consumer’s signature.

The request must be accompanied by the document or a copy (extract) of the document to the contents of which the buyer refers as evidence, in particular a written statement by the seller rejecting the complaint or, failing this, any other written evidence available to the consumer of the attempt to reach the required agreement.

In case the buyer acts through an authorised representative, the authorisation must be attached to the application.

Conciliation bodies can issue binding decisions against businesses without a declaration of submission, if the consumer’s request is well-founded and the claim does not exceed HUF 200,000.

The company has a duty to cooperate in the conciliation procedure, in the framework of which it is obliged to send its reply to the conciliation body. With the exception of the application of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the undertaking must ensure the participation of a person authorised to conclude a settlement agreement in the hearing. The representative of the undertaking authorised to conclude a settlement must attend the online hearing online. If the consumer requests a personal interview, the representative of the undertaking authorised to negotiate a settlement must attend the interview at least online.

The conciliation body shall notify the consumer protection authority competent for the seat of the conciliation body of any infringement of the above-mentioned obligation to cooperate and of the obligation to inform the undertaking of the implementation of the settlement approved by the decision and of the decision containing the commitment or of the obligation to comply with the recommendation. The consumer protection authority competent for the territory of Pest county shall be notified in respect of the conciliation body competent for the territory of Pest county.

The Council’s decision or recommendation does not affect the consumer’s right to pursue his or her claim in court.

The consumer must notify the conciliation body of any failure to implement the settlement approved by the decision and the decision containing the commitment or to follow the recommendation within fifteen days of the expiry of the time limit set in the decision or recommendation.

More information on the Conciliation Boards is available here: http://www.bekeltetes.hu

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.

Postal address: 1253 Budapest, PO Box 10.

Phone number: (1) 488-2131

Fax number: (1) 488-2186

Name: Dr. György Baranovszky

E-mail address: bekelteto.testulet@bkik.hu

www.bekeltet.hu

If you have questions about disputes over a sales or service contract concluded online, please contact us:

Hungarian Online Dispute Resolution Contact Point

E-mail: onlinevita@bkik.hu

Phone: +36-1-488-2033

Contact details of the online dispute resolution platform: http://ec.europa.eu/odr

If you have a complaint, you can contact a conciliation body, whose contact details can be found here:


Conciliation Board organised under the auspices of the Bács-Kiskun County Chamber of Commerce and Industry

Address: 6000 Kecskemét, Árpád krt. 4.

Phone number: (76) 501-525, (76) 501-500

Fax (76) 501-538

E-mail: bekeltetes@bacsbekeltetes.hu.

Website: www.bacsbekeltetes.hu

Baranya County Conciliation Board

Address: 7625 Pécs, Majorossy Imre u. 36.

Address for correspondence: 7602 Pécs, Pf. 109.

Phone number: (72) 507-154

Fax number: (72) 507-152

E-mail address: bekelteto@pbkik.hu;

Conciliation Body organised by the Chamber of Commerce and Industry of Békés County

Address: 5601 Békéscsaba, Penza ltp. 5.

Telephone numbers (66) 324-976, 446-354, 451-775

Fax number: (66) 324-976

E-mail address: bmkik@bmkik.hu;

Borsod-Abaúj-Zemplén County Arbitration Board

Address: 3525 Miskolc, Szentpáli u. 1.

Phone number: (46) 501-091, 501-870

Fax number: (46) 501-099

E-mail: bekeltetes@bokik.hu

www.bekeltetes.borsodmegye.hu

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Phone number: (1) 488-2131

Fax number: (1) 488-2186

E-mail address: bekelteto.testulet@bkik.hu;

Csongrád-Csanád County Conciliation Board

Address: 6721 Szeged, Párizsi krt. 8-12.

Phone number (62) 554-250/118 ext.

Fax number: (62) 426-149

E-mail address: bekelteto.testulet@csmkik.hu;

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.

Phone number: (22) 510-310

Fax number: (22) 510-312

E-mail address: fmkik@fmkik.hu;

Győr-Moson-Sopron County Arbitration Board

Address: 9021 Győr, Szent István út 10/a.

Phone number: (96) 520-202; 520-217

Fax number: (96) 520-218

E-mail address: bekeltetotestulet@gymskik.hu;

Hajdú-Bihar County Arbitration Board

Address: 4025 Debrecen, Petőfi tér 10.

Phone number: (52) 500-749

Fax number: (52) 500-720

E-mail address: info@hbkik.hu;

Heves County Conciliation Board

Address: 3300 Eger, Faiskola út 15.

Mailing address: 3301 Eger, Pf. 440.

Phone number: (36) 416-660/105 ext.

Fax number: (36) 323-615

E-mail address: tunde@hkik.hu;

Jász-Nagykun-Szolnok County Arbitration Board

Address: 5000 Szolnok, Verseghy park 8.

Phone number: (56) 510-610

Fax number: (56) 370-005

E-mail address: kamara@jnszmkik.hu;

Komárom-Esztergom County Conciliation Board

Address: 2800 Tatabánya, Fő tér 36.

Phone number: (34) 513-010

Fax number: (34) 316-259

E-mail address: kemkik@kemkik.hu;

Nógrád County Arbitration Board

Address: 3100 Salgótarján, Alkotmány út 9/a

Phone number: (32) 520-860

Fax number: (32) 520-862

E-mail address: nkik@nkik.hu;

Pest County Conciliation Board

Address: 1119 Budapest, Etele út 59-61. 2. em. 240.

Phone number: (1)-269-0703

Fax number: (1)-269-0703

E-mail address: pmbekelteto@pmkik.hu

Website address: www.panaszrendezes.hu

Somogy County Conciliation Board

Address: 7400 Kaposvár, Anna utca 6.

Phone number: (82) 501-000

Fax number: (82) 501-046

E-mail address: skik@skik.hu;

Szabolcs-Szatmár-Bereg County Arbitration Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Phone numbers (42) 311-544, (42) 420-180

Fax number: (42) 311-750

E-mail address: bekelteto@szabkam.hu;

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25.

Phone number: (74) 411-661

Fax number: (74) 411-456

E-mail address: kamara@tmkik.hu;

Vas Várm County Conciliation Board

Address: 9700 Szombathely, Honvéd tér 2.

Phone number: (94) 312-356

Fax number: (94) 316-936

E-mail address: pergel.bea@vmkik.hu

Veszprém County Conciliation Board

Address: 8200 Veszprém, Budapest u. 3.

Phone number: (88) 429-008

Fax number: (88) 412-150

E-mail address: vkik@veszpremikamara.hu

Zala County Conciliation Board

Address: 8900 Zalaegerszeg, Petőfi utca 24.

Phone number: (92) 550-513

Fax number: (92) 550-525

E-mail address: zmbekelteto@zmkik.hu

  1. Data management, Data protection

Visitors to our webshop are required to provide personal data (name, address, telephone number, e-mail, etc.) during the registration process. When using our webshop, the personal data provided to you will be treated confidentially.

Our detailed privacy notice and privacy statement here which you must accept before placing your order and registration!

The seller is bound by the following legislation on data management:

– Act CXII of 2011 – On the Right to Informational Self-Determination and Freedom of Information,

– Act VI of 1998 – Protection of individuals with regard to automatic processing of personal data (Strasbourg, 28 January 1981),

– 2001. Act CVIII of 2007 (on certain aspects of information society services),

– 1997. Act CLV of 2007 on Consumer Protection;

– 2001. Act CVIII of 2007 on certain aspects of electronic commerce services and information society services;

– 2013. Act V of 2007 on the Civil Code (CC);

– 151/2003. (IX. 22.) Government Decree on the mandatory warranty for certain consumer durables;

– Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses;

– 19/2014. (IV. 29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business

– 16/2011. Opinion No. 6 on the EASA/IAB Recommendation on best practice for behavioural online advertising

– Recommendation of the National Authority for Data Protection and Freedom of Information on the data protection requirements for prior information

– REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)

With regard to the processing of the consumer Buyer’s personal data, the Seller shall comply with its obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation).

By submitting the order, the Customer, on the basis of the appropriate information provided to him/her, expressly consents to the use of his/her data by the Seller for its own records and statements within the framework of the applicable legislation.

During the browsing of our website, technical information is recorded for statistical purposes (IP address, duration of visit, etc.).

To use the service cookies authorisation is required. If you do not wish to allow the use of cookies, you can disable them in your browser settings. If you disable cookies, you will only be able to use some or all of the service. A cookie is a file sent by the server to the user’s browser and stored on the user’s computer. No personal data is stored in the cookie. The detailed rules on this are set out in the Privacy Policy and Notice.

The data recorded during the order process (name, e-mail address, billing and shipping address,) The seller uses the order to fulfil the order and the company registration number to determine the level of discounts. The data of the invoice generated by each IT system from the order placed on the webshop’s pages will be recorded and stored for the period specified in the applicable accounting law.

While browsing our webshop you are guaranteed newsletter subscription The data provided during the registration process will be treated confidentially by the Seller, the possibility to unsubscribe is provided at the bottom of each newsletter sent, and can be requested using one of the contact details provided.

You may request the deletion or modification of your data at any time by writing to. info@dianasilver.hu by e-mail. In this case, the Seller will not send the user any more newsletters or other advertising mail after the withdrawal, and will delete the user’s data from the data of the users subscribed to the newsletter.

  1. Vis major

Neither Party shall be liable for the performance of its obligations under the Contract in the event of an unforeseeable event outside its control. Examples of such circumstances are: natural disaster, fire, flood, order of public authority, state of emergency, riot, civil war, war, strike, demonstration or similar work stoppage, traffic or other breakdowns, shortage of raw materials.

In the event of a Force Majeure Event, the Party concerned shall notify the other Party in writing.

Vis Major events are not exempt from the payment of the invoice for the services rendered.

  1. Responsibility

The purchase in the online shop implies the Customer’s knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The Buyer may use the website of the online shop exclusively at his own risk and accepts that the Seller shall not be liable for any material or non-material damage arising from its use, in addition to liability for breach of contract caused intentionally, by gross negligence or by a criminal offence, or for damage to life, limb or health. The Seller excludes all liability for the conduct of users of the Website and the Buyer is fully and exclusively responsible for its own conduct.

In no event shall the webshop be liable for any damages whatsoever, whether direct or indirect, arising out of or in connection with your access to the webshop.

It is the Customer’s responsibility to assess how to protect the data stored on his/her computer from intruders. The online shop cannot be held liable for any fraud committed by a third party at the expense of the Buyer.

The Buyer shall ensure that the use of the website does not infringe the rights of third parties or the law, either directly or indirectly.

In the event of any breach of these rules by the Buyer, the Seller may at any time refuse to fulfil the order in the online store, and may cancel the Buyer’s registration.

Any content that the Buyer may make available through the use of the Website (e.g. comments) is the Seller’s right but not obligation to monitor and the Seller is entitled but not obliged to look for signs of illegal activity in the content posted and shall not be liable for such content.

  1. Other provisions

The website is protected by copyright, and any part of it, including the image and text content, may be used only with the prior written consent of the operator of the webshop and with acknowledgement of the source.

These Terms and Conditions shall remain in force until the entry into force of new Terms and Conditions issued by the Service Provider.

Any deviation from these GTC shall be valid only in writing signed and approved by the Customer and the Service Provider. A written agreement shall also be deemed to be an agreement made by letter, fax or electronic mail between the parties, if expressly accepted by the other party. Written declarations shall be sent to the address, fax number or electronic mail address of the other party specified in the Order.

These Terms and Conditions only govern purchases made by natural person consumers in our online shop. These GTCs do not apply to consumers, companies, sole traders and other customers who enter into a contract for a purpose falling within the scope of their economic or professional activities.

In matters not covered by these general terms and conditions, the Civil Code, the (II. 26.) on the detailed rules of contracts between consumers and businesses, the Civil Code and Government Decree 45/2014., the provisions of Act CVIII of 2001 on certain aspects of electronic commerce services and information society services and other relevant legislation shall prevail.

If a clause of the GTC is legally invalid or ineffective, the remaining clauses of the contract remain in force and the invalid or defective clause is replaced by the applicable provisions.

The Seller does not have a code of conduct under the Unfair Commercial Practices Act.

By browsing the pages of our webshop, registering and placing your order, you accept and acknowledge the general terms and conditions of Diana Silver Ltd. for its webshop and its data management principles as binding.

Budapest, February 2025. 01.

Diana Silver Limited Liability Company