Chairside products
Labside products
Provider
1.1. The website www.newyorkdental.hu and the online store operating thereon are managed by NEW YORK DENTAL Fogtechnikai és Kereskedelmi Korlátolt Felelősségű Társaság (hereinafter: "New York Dental").
1.2. New York Dental's details as Provider:
1.2.1. Company name: NEW YORK DENTAL Fogtechnikai és Kereskedelmi Korlátolt Felelősségű Társaság 1.2.2. Abbreviated company name: NEW YORK DENTAL Kft. 1.2.3. Registered office: 1135 Budapest, Frangepán u. 66/B., Hungary 1.2.4. Registered by: Company Registry Court of the Metropolitan Court of Budapest 1.2.5. Company registration number: 01-09-364418 1.2.6. Managing director: Róbert Deutsch, Managing Director 1.2.7. Tax number: 10967490-2-41 1.2.8. EU VAT number: HU10967490 1.2.9. Contact phone number: +36 1 236 4000 (on weekdays between 8:00 AM and 5:00 PM) 1.2.10. Contact email address: info(at)newyorkdental(dot)hu 1.2.11. New York Dental Kft.'s data protection registration ID: NAIH-66933
1.3. Host Provider details:
1.3.1. Name of the host provider: ATOMSYSTEMS Informatikai Szolgáltató Iroda, 53490948 / Tamás Annus e.v. (sole proprietor) 1.3.2. Registered office: 5662 Csanádapáca Liszt Ferenc utca 14., Hungary 1.3.3. Phone: +36-30/26-24-551 1.3.4. Email address: info(at)atomsystems(dot)hu 1.3.5. Host provider's tax number: 69651403-1-24
1.4. Online bank card payments are processed through the Barion system:
1.4.1. The service provider, Barion Payment Zrt., is an institution supervised by the Hungarian National Bank, license number: H-EN-I-1064/2013. Bank card data is not transmitted to the merchant.
Definitions
The terms defined below shall have the following meanings in the context of these GTC:
2.1. "GTC": The abbreviated name for these General Terms and Conditions. 2.2. "Buyer": The Buyer, i.e., the natural or legal person who purchases the product sold by New York Dental. 2.3. "Parties": The collective designation for New York Dental and the Buyer. 2.4. "Product": The products sold by New York Dental. 2.5. "Purchase Price/Consideration": The consideration for the Product, the amount of which is recorded in the Contract. 2.6. "Invoice": The invoice duly issued by New York Dental in respect of the Consideration. 2.7. "Website": The New York Dental website, available at www.newyorkdental.hu. 2.8. "Civil Code" or "Ptk.": Act V of 2013 on the Civil Code. 2.9. "Ektv.": Act CVIII of 2001 on certain issues of electronic commercial services and information society services. 2.10. "Info Tv.": Act CXII of 2011 on the right to informational self-determination and freedom of information. 2.11. "Government Decree": Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. 2.12. "NGM Decree": NGM Decree 19/2014. (IV.29.) on the procedural rules for handling warranty and guarantee claims related to goods sold under a contract between a consumer and a business.
Subject Matter of the GTC
3.1. Based on these GTC, New York Dental sells and the Buyer purchases the Product. Placing an order constitutes acceptance of these GTC, without which a sale will not be concluded.
3.2. These GTC regulate the general terms and conditions of sales concluded between the Parties. Unless a different written agreement has been concluded between the Parties, the provisions set forth in the GTC shall prevail.
Order and Fulfillment
4.1. Orders can primarily be placed electronically through the online store on the Website. New York Dental also undertakes to fulfill orders placed by other means – in particular, in person, by phone, or by e-mail. Orders can only be placed and confirmed in Hungarian; any translation shall not be considered authentic.
4.2. New York Dental undertakes to send information and confirmation regarding orders to the Buyer electronically within 72 (seventy-two) hours. If the confirmation is not received within this period, the contract between the Parties shall not be concluded.
4.3. Before placing an order, the Buyer has the opportunity to modify the data provided during registration by entering the modified data. An order placed online is considered a contract concluded electronically but not signed, the content of which is archived on New York Dental's server and can be accessed and retrieved later.
4.4. The Buyer is obliged to pay the Consideration by bank transfer with the order or by cash on delivery (the fee for which is gross HUF 500) simultaneously with the receipt of the Product. New York Dental expressly reserves its right of ownership to the Product until the full Purchase Price is paid. Failure or delay in paying the Consideration – based on Section 6:156 (2) of the Civil Code – excludes New York Dental's obligations from being simultaneously delayed.
4.5. The Consideration shown on the Website is in Hungarian Forints and includes value-added tax, but does not include other costs.
4.6. If the ordered Product is not available or there is an obstacle to making the Product available to the Buyer, New York Dental shall immediately inform the Buyer thereof and refund any pre-paid consideration to the Buyer within 14 (fourteen) days at the latest.
4.7. Other detailed conditions for using the services provided by New York Dental can be read on the Website under the [General Terms and Conditions] menu item.
4.8. New York Dental's system may collect data on customer activity, which cannot be linked to other data provided by customers during registration, nor to data generated during the use of other websites or services.
4.9. New York Dental is entitled to send newsletters or other promotional emails to the Buyer if the Buyer has given their prior, clear, explicit, and voluntary consent to this by providing the relevant data during registration. The Buyer is entitled to withdraw their consent at any time in writing, by a statement sent to the contact email address or by modifying their consent statement among the registration data.
4.10. New York Dental is not obliged to verify whether the data provided by the Buyer during registration or otherwise when giving consent are true or accurate. The Buyer bears sole responsibility for the correctness and truthfulness of the data provided by the Buyer, and New York Dental expressly excludes any liability arising therefrom.
4.11. By registering, the Buyer accepts New York Dental's data management policy and consents to New York Dental storing their data for data management and identification purposes and for the fulfillment of the sale.
Product Handover, Delivery
5.1. The Buyer is entitled and obliged to take over the ordered and paid Product within the deadline specified in the order confirmation at New York Dental's registered office or at the delivery address specified by the Buyer. Any shipping and packaging costs associated with the delivery of the Product shall be borne by the Buyer. 5.2. If the buyer does not take over the product and requests repeated delivery, in this case, a delivery fee will also be charged for the new delivery, even if the delivery was free when the order was placed. For a second delivery request, the full purchase price of the order plus the amount for the repeated delivery must be paid in advance. 5.3. Upon receipt of the Product, the Buyer is obliged to check the quantity and packaging of the ordered and paid Product. The Parties shall draw up a report on any shortages or defects found during the handover.
5.4. The Buyer is entitled to refuse to accept the Product if it is already apparent upon receipt that it does not comply with the properties of the ordered Product as specified on the Website.
5.5. New York Dental stores the Product free of charge for 5 (five) days, after which period the Product can be taken over upon payment of a storage fee equal to 5% (five percent) of the gross Consideration of the Product.
5.6. Simultaneously with the handover of the Product, New York Dental shall demonstrably hand over to the Buyer in Hungarian the documents necessary for the proper use of the Product.
5.7. The risk of damage related to the Product transfers to the Buyer upon documented receipt of the Product.
5.8. The Buyer is not entitled to resell the Product in commercial trade.
5.9. In the case of orders placed through the webshop or by phone/email, if the requested products are in stock in our Budapest building, we can fulfill delivery to any part of Hungary within 1-2 (maximum 3) working days. All products displayed in the webshop are kept in stock. If not in stock, we must order them from the manufacturer overseas, and the delivery time for this is 2-3 weeks from the placement of our order.
5.10. Home delivery by GLS within Hungary costs HUF 2,990 (gross) for orders up to HUF 50,000 (gross). For orders over HUF 50,000 (gross), delivery is free if the order is placed through the webshop. For packages over 40 kg, an overweight fee of HUF 2,400 (gross) per additional kilogram is charged.
5.11. Delivery to a GLS Parcel Point within Hungary costs HUF 1,590 (gross) for orders up to HUF 50,000 (gross). For orders over HUF 50,000 (gross), delivery is free if the order is placed through the webshop. For packages over 20 kg, an overweight fee of HUF 800 (gross) is charged. The package size must not exceed 42 × 51 × 39.5 cm. Packages can be picked up at GLS Parcel Points within 5 days of arrival.
5.12. Delivery to a Hungarian Post Parcel Point or Parcel Locker costs HUF 990 (gross) + HUF 2,500 (gross) handling fee for orders placed through the webshop. The package size must not exceed 42 × 51 × 39.5 cm. Packages can be picked up at Hungarian Post Parcel Points or Parcel Lockers within 5 days of arrival.
5.13. Home delivery by the Hungarian Post costs HUF 1,990 (gross) + HUF 2,500 (gross) handling fee for webshop orders.
5.14. International delivery via GLS courier service. Packages over 40 kg cannot be delivered. Delivery time is 2–8 business days from the date the package is handed over to the courier. Cash on delivery is not available for international shipments!
5.14.1. Shipping rates to Slovakia:
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 12 EUR | 13 EUR | 17 EUR |
5.14.2. Shipping rates to selected EU countries (Poland, Slovenia, Croatia):
For some islands belonging to Croatia, delivery is managed via the GLS partner network. In such cases, the maximum weight limit is 10 kg. Please consult GLS customer service before placing your import order.
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 14 EUR | 16 EUR | 22 EUR |
5.14.3. Shipping rates to EU Zone 1 (Austria, Czech Republic, Romania):
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 23 EUR | 28 EUR | 37 EUR |
5.14.4. Shipping rates to EU Zone 2 (Poland, Germany, Belgium, Netherlands, Luxembourg, Liechtenstein, Bulgaria, Switzerland):
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 24 EUR | 32 EUR | 42 EUR |
5.14.5. Shipping rates to EU Zone 3 (Denmark, Vatican City, Italy, France, Monaco, United Kingdom, Northern Ireland, Ireland):
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 38 EUR | 43 EUR | 60 EUR |
5.14.6. Shipping rates to EU Zone 4 (Lithuania, Latvia, Spain, Sweden, Estonia, Malta, Turkey, Norway, Greece, Portugal, Finland, Cyprus):
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 50 EUR | 97 EUR | 133 EUR |
5.14.7. Shipping rates to EU Zone 5 (Serbia, Bosnia and Herzegovina, Montenegro, Iceland, Albania, North Macedonia, Malta, Turkey, Cyprus, Kosovo, Faroe Islands, Andorra, Gibraltar):
| Weight | <10 kg | <20 kg | <40 kg |
|---|---|---|---|
| Shipping fee | 190 EUR | 297 EUR | 462 EUR |
Withdrawal
6.1. Withdrawal from an order shall be governed by the provisions of the Government Decree, with the detailed rules set forth in this chapter.
6.2. Except for the exception set forth in Section 6.3 of these GTC, the Buyer may withdraw from the purchase without giving any reason – by a clear written statement, signed and sent by registered mail or registered mail with return receipt to New York Dental's registered office – within 14 (fourteen) days of receiving the Product. In case of written withdrawal, the deadline shall be deemed to have been met if the withdrawal is sent to New York Dental within the deadline. New York Dental does not provide the possibility of exercising the right of withdrawal online, and any withdrawal other than the communication method specified in this section shall not be considered valid or legally effective.
6.3. The Buyer is not entitled to the right of withdrawal in the cases specified in Section 29 (1) of the Government Decree, in particular, in the case of a Product produced based on the Buyer's instructions or at their express request, or a Product tailored to the Buyer's person. Furthermore, the Buyer loses the right of withdrawal if the Product is destroyed, becomes unsuitable for proper use, is damaged by the Buyer, or the Buyer loses it (it leaves the Buyer's possession).
6.4. The date of receipt is the date of taking over the Product at New York Dental's registered office or at the delivery location specified by the Buyer. If multiple Products are purchased at the same time, but the Product is provided by New York Dental at different times, the delivery date of the last Product provided shall be decisive. In the case of a Product provided in multiple batches or pieces, the withdrawal period shall be calculated from the receipt of the last batch or piece.
6.5. In case of withdrawal, the direct costs of returning the Product shall be borne by the Buyer. In case of withdrawal, the Buyer is obliged to send the Product to New York Dental's registered office without undue delay, but no later than 14 (fourteen) days from the date of the Buyer's notification of withdrawal. The deadline shall be deemed to have been met if the Buyer returns the Product before the expiry of the 14 (fourteen) day deadline.
6.6. If the Buyer returns or arranges for the return of the Product to New York Dental undamaged and complete, New York Dental shall promptly, but no later than 14 (fourteen) days from the receipt of the withdrawal statement, refund the consideration for the Product, as well as any other consideration incurred and paid by the Buyer, including transportation costs (excluding additional costs incurred because the Buyer chose a mode of transportation other than the cheapest mode of transportation offered by New York Dental). The refund shall be made by the same method as the payment of the purchase price, unless the Buyer has given express consent to a different refund method.
6.7. New York Dental is entitled to withhold the refund until the Product is returned by the Buyer in a condition suitable for proper use and clean, or until the Buyer proves that they have returned the Product. The earlier of the two dates specified in this section shall be taken into account.
6.8. The Buyer is liable for reimbursing the depreciation resulting from use exceeding that necessary to determine the nature and characteristics of the Product.
6.9. Rules regarding returns
Procedure in case of incorrect price
7.1. A clearly incorrect price is considered to be:
- HUF 0 price,
- An unrealistically low price compared to the true price of the product
- A discounted price, but with the discount incorrectly stated (e.g., a product offered for HUF 500 when its actual price is HUF 1000 and a 20% discount is stated). 7.2. In case of an incorrect price, the Seller offers the possibility of purchasing the Goods at the correct price, based on which information the Buyer can decide whether to order the Goods at the correct price or cancel the order without any adverse legal consequences.
Liability
8.1. Liability for breach of contract shall be governed by the provisions of the Civil Code mutatis mutandis, with the proviso that – with the exception of intentionally caused damage, and damage to human life, physical integrity, or health – the amount of compensation shall be limited to the Consideration.
8.2. New York Dental excludes its liability in the following cases:
8.2.1. Damages resulting from erroneous or incomplete data provided by the Buyer; 8.2.2. Damages resulting from the conduct of service providers linked on the Website, or from advertisements or promotions by third parties; 8.2.3. Damages resulting from the Buyer's conduct; 8.2.4. Damages resulting from circumstances beyond New York Dental's control, or from the conduct of third parties, delivery delays, or omissions.
8.3. New York Dental is liable for defective performance under statutory warranty (kellékszavatosság). The Buyer – at their choice, instead of the statutory warranty – may assert a product warranty claim against the manufacturer or distributor of the Product.
8.4. The detailed rules on statutory warranty and product warranty are contained in the sample information sheet, which is an annex to these GTC and has been taken from the annex to the Government Decree.
Effect of the Contract
9.1. These GTC shall enter into force on 16 July 2014 and shall remain in force until revoked or until new GTC are adopted.
9.2. New York Dental is unilaterally entitled to amend the GTC, which shall be effective for contracts concluded after the entry into force of the amended GTC.
Miscellaneous Provisions
10.1. New York Dental declares and warrants that no third-party rights prevent or hinder the transfer of ownership of the Product to the Buyer and the Buyer's use of the Product.
10.2. Any notification or other communication between the Parties shall primarily be in writing. Such notification or communication shall be deemed to have been duly delivered if sent to New York Dental at the address specified in these GTC, or to the Buyer at the address provided during registration. The time of delivery shall be:
10.2.1. In case of personal delivery, the day of receipt; 10.2.2. In case of a registered postal item with return receipt, the date indicated on the return receipt, or in case of unsuccessful delivery, the 5th (fifth) day following the first unsuccessful delivery attempt; 10.2.3. In case of transmission by fax or other similar telecommunication means (with delivery report), the working day on which such transmission (sending) occurs. If the fax notification or delivery occurs after 5:00 PM on a working day or on a non-working day, the notification shall be deemed delivered at 9:00 AM on the next working day.
10.3. Complaints regarding the Products or New York Dental's conduct shall be received at the contact email address or contact phone number. New York Dental is obliged to investigate and respond to complaints within 15 (fifteen) days in the same manner. A response posted within 15 (fifteen) days shall be considered a timely response. The Buyer is entitled to contact the following supervisory bodies with their complaint:
10.3.1. Mayor's Office of XIII. District Municipality of Budapest (1139 Budapest, Béke tér 1.; phone: +36/80/200-306) 10.3.2. Consumer Protection Authority of the Government Office of the Capital City Budapest (1052 Budapest, Városház u. 7.; phone +36/1/4502598)
10.4. The Parties shall primarily endeavor to resolve any legal disputes related to or arising from the GTC through negotiations, and shall cooperate closely in the area of damage prevention and mitigation. If the legal dispute cannot be resolved through negotiations, the Parties shall stipulate the jurisdiction of Hungarian courts for the resolution of the dispute, taking into account the continuously effective jurisdictional rules.
10.5. New York Dental informs that, in addition to or instead of resorting to court proceedings as set forth in Section 9.3.1 of these GTC, the Buyer has the option to turn to the Conciliation Body operating alongside the Budapest Chamber of Commerce and Industry (address: 1016 Budapest, Krisztina krt. 99.).
10.6. The structure and numbering of the GTC, and the titles of individual chapters and sections, serve solely for easier understanding and readability and do not affect the content of the GTC.
10.7. The language of the GTC and communication between the Parties is Hungarian; any translation shall be for informational purposes only.
10.8. If any provision of these GTC is declared invalid by a court or other authority having jurisdiction and competence, the invalidity of such provision shall not result in the invalidity of the entire GTC. The unaffected parts of the GTC shall remain in force and enforceable, unless without the invalid or declared invalid provisions, the Parties would not have concluded the GTC at all. If the Parties do not replace the invalid provision with a valid one, then the provisions of the relevant legislation shall apply instead of the invalid clause.
10.9. New York Dental informs that it does not have a code of conduct.
10.10. These GTC and their interpretation, as well as questions not regulated in these GTC, shall be governed by the applicable Hungarian laws in force at all times – in particular, the provisions of the Civil Code, Ektv., Info Tv., and the Government Decree.
10.11. New York Dental publishes the GTC on the Website and makes them continuously retrievable.
APPENDIX
1. Statutory Warranty (Kellékszavatosság)
In what cases can you exercise your right to statutory warranty?
In case of New York Dental's defective performance, you may assert a statutory warranty claim against New York Dental according to the rules of the Civil Code.
What rights do you have based on your statutory warranty claim?
You may exercise the following statutory warranty claims – at your choice:
- You may request repair or replacement, unless the fulfillment of your chosen claim is impossible or would incur disproportionate additional costs for New York Dental compared to fulfilling your other claim. If you have not requested or could not request repair or replacement, you may request a proportionate reduction of the consideration, or you may repair the defect yourself at New York Dental's expense, or have it repaired by someone else, or – as a last resort – you may withdraw from the contract.
- You may switch from your chosen statutory warranty right to another, but you shall bear the cost of the switch, unless it was justified or New York Dental gave cause for it.
Within what period can you enforce your statutory warranty claim?
You are obliged to notify the defect without undue delay after its discovery, but no later than two months from the discovery of the defect. However, I draw your attention to the fact that you can no longer enforce your statutory warranty rights beyond the two-year limitation period from the performance of the contract.
Against whom can you enforce your statutory warranty claim?
You can enforce your statutory warranty claim against New York Dental.
What other conditions apply to the enforcement of your statutory warranty rights?
Within six months from the performance, there are no other conditions for enforcing your statutory warranty claim apart from notifying the defect, if you prove that the product was provided by New York Dental. However, after six months from the performance, you are obliged to prove that the defect you recognized already existed at the time of performance.
2. Product Warranty (Termékszavatosság)
In what cases can you exercise your right to product warranty?
In the case of a defect in a movable item (product), you may – at your choice – exercise your right specified in point 1 or assert a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you may only request the repair or replacement of the defective product.
When is a product considered defective?
A product is defective if it does not meet the quality requirements valid at the time of its placing on the market or if it does not have the properties stated in the description provided by the manufacturer.
Within what period can you enforce your product warranty claim?
You can assert your product warranty claim within two years from the product being placed on the market by the manufacturer. After this deadline, you lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can exercise your product warranty claim exclusively against the manufacturer or distributor of the movable item. In the case of asserting a product warranty claim, you must prove the defect of the product.
Under what circumstances is the manufacturer (distributor) exempt from its product warranty obligation?
The manufacturer (distributor) is exempt from its product warranty obligation only if it can prove that:
- it did not manufacture or place the product on the market within the scope of its business activities, or
- the defect was not discoverable at the time of placing on the market according to the state of science and technology, or
- the defect of the product resulted from the application of a legal regulation or a mandatory official regulation.
The manufacturer (distributor) only needs to prove one reason to be exempted. Please note that you cannot assert a statutory warranty claim and a product warranty claim simultaneously for the same defect. However, if your product warranty claim is successfully enforced, you may assert your statutory warranty claim against the manufacturer regarding the replaced product or repaired part.