General Information
Dear Consumer! Please carefully read this document before placing your order, because by finalizing your order, you also accept the contents of these GTC.
These General Terms and Conditions (hereinafter: GTC) were issued by RIAVITA PHARMA Kft. (Registered seat: 1053 Budapest, Ferenciek tere 5. 2. em. 9/c., company registration number: 01-09-392982, e-mail: info@riavita.com; tax number: 27517547-2-41; statistical number: 27517547-4791-113-01, hereinafter: Service Provider) and includes in detail the rights and obligations of the consumer (hereinafter: Consumer) engaging its electronic commercial services as well as the provisions regarding the respective order and sale and purchase agreement.
The scope of these GTC covers the electronic commercial transaction concluded by the use of the electronic shop on the Website www.riavita.com (hereinafter: Website) between the Parties defined in these GTC.
By placing an order on the Website, the Consumer expressly accepts these GTC, furthermore that he/she received separate and explicit information on the special conditions of these GTC (indicated with italics) and that he/she expressly accepts such conditions.
If any clause of these GTC is legally ineffective or invalid based on the applicable laws, it does not affect the other clauses of the GTC, they remain in force and the provisions of the relevant legislation shall apply in place of the ineffective or invalid part.
The Service Provider reserves all rights concerning the Website, any detail, element and appearing content thereof, as well as the distribution and operation of the Website. It is prohibited to download, process and sell the contents or any part of the content appearing on the Website without the written consent of the Service Provider. The Consumer or and other user shall not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. The Service Provider does not grant any license or right to use any trademark of the Service Provider.
Should you have any questions regarding these GTC, the use of the Website, individual products or the process of purchase, please contact our staff at the contact details provided.
Details of the Service Provider:
- Name: RIAVITA PHARMA Kft.
- Registered office: 1053 Budapest, Ferenciek tere 5. 2. em. 9/c.
- Mailing address: 1053 Budapest, Ferenciek tere 5. 2. em. 9/c.
- Company Registration Number: 01-09-392982
- Registered by the Company Registry Court of Budapest-Capital Regional Court (Fővárosi Törvényszék Cégbírósága in Hungarian)
- Tax number: 27517547-2-41
- Statistical Number: 27517547-4791-113-01
- Phone number: +36 70 547 5096
- Email: info@riavita.com
- Website: riavita.com
- Activity of the Service Provider is subject to a permit, the authority granting the permit is National Institute of Pharmacy and Nutrition (OGYÉI), its contact details are the following: address: 1135 Budapest, Szabolcs utca 33., mailing address: 1372 Pf. 450., telephone number: 06 (1) 8869-300, e-mail: ogyei@ogyei.gov.hu. The notification numbers of the products distributed by the Service Provider are:
- Riavita R-Stemax: 28458/2022
- Riavita R-Stemax SL: 28453/2022
- Riavita I-CorsyMax 12X: 28456/2022
- Riavita A-flaCardio: 28455/2022
- Riavita A-flaCyto: 28463/2022
- Riavita D-Detox: 28473/2022
- Riavita D-Detox White: 28474/2022
- Riavita C+D vitamin Quercetinnel: 28867/2022
- Riavita M-MenUp: 29150/2022.
Hosting provider details:
- Hosting provider name: SiteGround Spain S.L.
- Address: Calle de Prim 19. 28001 Madrid, Spain.
- Email address: sales@siteground.com
Relevant legislation
- These GTC are governed by the provisions of Hungarian laws in effect, in particular
- Act V of 2013 on the Civil Code (Civil Code)
- Act CVIII of 2001 on certain issues in Electronic Commercial Services and Services related to the Information Society (eCommerce Act)
- Act CLV of 1997 on Consumer Protection
- Government Decree 45/2014. (II.26.) on detailed rules of contracts between the consumer and the business
- Ministry of National Economy Decree 19/2014. (IV.29.) on procedural rules for handling warranty and guarantee claims for things sold under a contract between a consumer and a business
- Government Decree 373/2021. (VI. 30.) on detailed rules of contracts on the sale and purchase of goods, provision of digital content and digital services between a consumer and a business
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on the Right to Information Self-Determination and Freedom of Information
- 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 Directive 95/46/EC (General Data Protection Regulation, GDPR).
Registration and purchase
Description of registration and purchase conditions.
Order can be placed with or without registration by the Consumer. The submission of the order qualifies as an offer made by the Consumer, to which the Consumer is bound for 48 hours. If the Service Provider confirms the order by email during this time, with the confirmation of the Service Provider, the sale and purchase contract is concluded between the Parties. The Consumer is not bound by his/her offer if the Service Provider does not confirm the order within this period. The Service Provider informs the Consumer about the expected date of performance in the confirmation email. The Consumer has the right to withdraw his/her offer during the above period of being bound by the offer before the contract is concluded (i.e. before the confirmation of the Service Provider) which terminates the obligation of the Consumer to conclude the contract.
It is important that when placing order either with or without registration, accurate data (name, address, telephone number, email address) shall be filled or registered by the Consumer since the performance (such as confirmation, delivery, invoicing) is based on the data provided by the Consumer. The Service Provider is not responsible for any delays, other problems or errors that can be traced back to the data incorrectly and/or inaccurately provided by the Consumer. The Service Provider excludes its liability for performance based on inaccurate data entry. Changing the incorrect registered data in the account of the Consumer is possible in ‘My Account’ menu after signing in. Changing the incorrect data of an active order (placed either with or without registration) which is under process is possible by sending email thereof to the email address of the Service Provider (info@riavita.com) if the Service Provider has not commenced the performance of the order yet (such as especially the preparation, the collection, the packaging, the delivery).
The range of products and services that can be purchased
Description of the products range, pricing.
The Website contains the range, properties, more detailed description, price and possible promotions of the products.
Prices are in HUF and include 27% VAT.
In case the ordered product is unavailable, the Service Provider is entitled to reject the order and notifies the Consumer of this fact.
The Service Provider reserves the right to change the price of the products that can be ordered on its website. The amendment, certainly, does not affect the purchase price of products already ordered.
Description of the order process
The Consumer can place an order on the Website at any time.
By placing an order, the Consumer declares that he/she accepts these General Terms and Conditions and acknowledges to be bound by them.
By clicking on the selected product, the Consumer can view its detailed description and properties. In case of intention of purchase, he/she has to place the product to be purchased in a virtual cart by clicking the cart icon or “Add to Cart” button. By clicking on the cart icon in the heading if the Website, the products placed in the cart during the purchase can be reviewed, as well as the total of the invoice and the shipping cost. Here the order can be checked, especially the prices and quantities, which can be modified as needed. In the cart, the total amount of the order is automatically calculated.
The technical means for identifying and correcting input errors prior to the placing of the order are the following:
- after selecting the products of the order, the Consumer has the opportunity to check the products to be ordered and their number in the cart;
- at here by clicking in the “Quantity” field the Consumer can also change number of the products to be ordered, or by clicking on “X” button he/she can delete the selected product from the order; furthermore
- after clicking on the “Procced to Checkout” button, the Consumer can review again the products to be ordered and delete them from the order, furthermore the Consumer can add here his/her data or, in case of registered Consumer, can automatically see and change his/her data (including the delivery address) as well as can add the payment method for settling the value of the order. The Service Provider thus provides through efficient and accessible technical tools the possibility for the Consumer to identify and correct input errors prior to the placing of the order.
If the Consumer considers the products to be purchased and their quantity in the cart appropriate, has checked the final amount and decided to buy them, he/she can proceed by clicking on the “Proceed to Checkout” button and enter the details required for delivery (name, delivery address, phone number, email address etc.) – this information will be displayed automatically for registered Consumers – and can then choose between delivery and payment methods.
If the Consumer is ascertained that the contents of the cart and the given data are correct, by clicking on the “Submit Order” button he/she can finalize his/her order and thereby he/she makes a purchase (contract) offer with a payment obligation to the Service Provider. Submitting an order is an offer to which the Consumer is bound for 48 hours, nevertheless, the Consumer has the right to withdraw his/her offer during the above period of being bound by the offer before the contract is concluded (i.e. before the confirmation of the Service Provider) which terminates the obligation of the Consumer to conclude the contract
The Consumer will first receive an autogenerated email notification on his/her order to the email address provided which only records the receipt of the order via the Website but does not qualify as a confirmation. If such autogenerated email notification contains the Consumer’s data incorrectly (e.g. name, delivery address), the Consumer is obliged to communicate this to Service Provider via email immediately including the correct data at the same time.
If the Service Provider accepts the order, it is obligated to confirm same to the Consumer via email. If the Service Provider confirms the order via email within 48 hours after the order was placed, then the sale and purchase contract will be concluded between the Parties. The Consumer is not bound by his/her offer if the Service Provider does not confirm the order within this period. The Service Provider informs the Consumer about the expected date of performance in the confirmation email.
The sale and purchase contract between the Consumer and the Service Provider qualifies as a contract concluded via electronic means for which the provisions of the Civil Code and eCommerce Act regarding contracting via electronic means are applicable. The language of contracting and contacting is either Hungarian or English depending on the language set on the Website by the Consumer. The contract does not qualify as a written contract. The stored details of the order are identical with the details of the order and its confirmation. The orders of the Consumer are recorded in the Consumer’s account under “Your Orders” and are accessible later on if the order was placed from a registered account. Otherwise, the Service Provider does not file such contracts.
Payment methods
The price of the ordered product can be paid in the following ways:
- at placing the order in advance (via bank transfer or online payment) or
- by cash on delivery (cash or card payment) upon delivery of the product.
Bank Transfer
In the case of a pre-transfer at the same time as the order is placed, the order will be processed after the receipt of the transferred amount.
- Beneficiary’s (i.e. the Service Provider’s) bank: OTP BANK Nyrt.
- Beneficiary’s name: RIAVITA PHARMA Kft.
- Beneficiary’s Forint (HUF) account number: 11713184-21456334
- Beneficiary’s Euro account number: 11763134-39588885 (IBAN: HU661176313439588885)
- BIC/SWIFT code: OTPVHUHB
In case of cash on delivery (COD)
The Consumer pays the ordered product to the courier in cash or by credit card at the time of receipt of the ordered product. The invoice is sent by the Service Provider in advance by email, a copy of the invoice is included in the package.
The Consumer is obliged to inspect the package in front of the courier upon delivery and, in case of any damage to the packaging, to ask the courier to make a report, or is entitled to refuse to take over the package.
Online Payment via Credit Card
Service provider: Barion
Online credit card payments are made through the Barion system. Credit card details will not be sent to the Service Provider. Barion Payment Zrt. as service provider is under the supervision of the Hungarian National Bank, license number:
H-EN-I-1064/2013.
Shipping method and cost
Delivery is handled by Magyar Posta Zrt., including delivery to abroad for which latter we use International EMS express service of Magyar Posta Zrt.
Parcel is delivered within 1-3 working days after sent by the Service Provider within Hungary and within 7 working days after sent by the Service Provider within the EU Member States.
Based on the shipping rates of Magyar Posta Zrt., the price of the shipping service can range from net HUF 1,500 to HUF 25,000, depending on the weight of the package, the value of the products and the shipping address.
Right of withdrawal
The Consumer may withdraw from the sale and purchase contract and return the ordered product within 14 days from the receipt of the ordered product without having to justify it.
Detailed rules of the right of withdrawal
The Consumer – as set out in 20. § of the Government Decree 45/2014. (II. 26.) – has the right to withdraw without justification.
The Consumer may exercise the right of withdrawal, in the case of a contract for the sale and purchase of a product, within 14 days as of the takeover of
- the product,
- in case of the sale of and purchase several products, where the supply of each product is at a different time, the last product,
- in the case of a product consisting of several items or pieces, the last item or piece delivered,
- if the product is to be supplied regularly within a specified period, the first service
by the Consumer or a third party designated by Consumer other than the carrier.
The provisions above do not affect the Consumer’s right to exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. If the Consumer has made an offer to conclude the contract, the Consumer has the right to withdraw the offer before concluding the contract which terminates his/her obligation to conclude of the contract.
The Consumer can exercise the right of this withdrawal by way of sending his/her unambiguous declaration on same to the Service Provider (e.g. in email or by postal mail) to the following address: RIAVITA PHARMA Kft. (address: 1053 Budapest, Ferenciek tere 5. 2. em. 9/c., email: info@riavita.com, telephone number: +36 70 547 5096). For making this declaration he/she can also use the below template.
***
Declaration template for withdrawal
Addressee: RIAVITA PHARMA Kft. (address: 1053 Budapest, Ferenciek tere 5. 2. em. 9/c., email: info@riavita.com)
The undersigned hereby declare that I exercise the right of withdrawal with regards to the below sale and purchase of products or service provision:
- Date of contract:
- Name of consumer:
- Address of consumer:
- Signature of consumer (only on case of paper-based declaration):
- Date:
***
The right of withdrawal shall be deemed to have been exercised within the deadline if the Consumer sends his/her declaration to the Service Provider within the 14-day period. The burden of proof of this lies with the Consumer.
If the Consumer acts in accordance with the Government Decree 45/2014. (II. 26.), the Service Provider shall reimburse the full amount paid by the Consumer, including the costs incurred in connection with the fulfilment, no later than within 14 days of becoming aware of the withdrawal.
If the Consumer specifically chooses a mode of transport other than the least expensive standard mode of transport, the Service Provider shall not be obliged to reimburse the resulting additional costs. In this case, the Service Provider is obliged to refund up to the indicated general/standard shipping rates. The Service Provider may withhold the amount to be returned to the Consumer until the Consumer has returned the product or has proved beyond a reasonable doubt that he has returned it; the earlier of the two dates shall be taken into account. The Service Provider does not have the right of retention if Service Provider has undertaken to return the product itself.
The direct costs of returning the products shall be borne by the Consumer.
The right of withdrawal cannot be exercised in cases set out in 29. § (1) of Government Decree 45/2014 (II.26.), in particular for a perishable or short-term preserved product or a sealed product which, for health or hygiene reasons, cannot be returned after opening after delivery. We call your attention that every product which can be purchased on our Website qualifies as a sealed product which, for health or hygiene reasons, cannot be returned after opening after delivery in accordance with 29. § (1) (e) of Government Decree 45/2014 (II.26.), therefore the Consumer may not exercise his/her right of withdrawal for them. Accordingly, the Service Provider accepts returned para-pharmaceutical products and food supplements exclusively in sealed packaging.
Warranty
This section of the Consumer information was prepared pursuant to the authorization of 11. § (5) of Government Decree 45/2014 (II.26.) by the application of annex 3 of Government Decree 45/2014 (II.26.).
1. Implied Warranty
In what cases can you make use of your warranty rights?
In case of defective performance by the Service Provider, you can assert a warranty claim against the Service Provider as per Act V of 2013 on the Civil Code.
What rights do you have based on your warranty claim?
At your discretion, you may assert the following claims:
You may request repair or replacement, except the claim chosen by you is impossible or the Service Provider would incur unreasonable additional costs compared to other claims. In case you did not request or could not have requested repair or replacement, you may ask for a proportionate reduction of consideration, or you may repair the defect yourself or you may have it repaired at the Service Provider’s cost and expense, or, as a last resort, you may withdraw from the contract.
You are entitled to change the right you claim, but the costs of such change shall be borne by you, unless the change had a good reason or is attributable to the Service Provider.
In what deadline may you assert your warranty claim?
You are required to disclose to the Service Provider the defect without delay from discovery, but no later than within 2 months. However, please note that you cannot assert your warranty claim after a lapse of 2 years from the performance of the contract.
Against whom can you assert your warranty claim?
You can assert your warranty claim against the Service Provider.
What other conditions shall be met for you to assert your warranty claim?
Within 6 months from the performance of the contract, there are no additional conditions other than the communication of the defect to the Service Provider, if you prove that the Service Provider provided to you the defective product/service. However, after the lapse of 6 months from the performance of the contract you shall be required to evidence that the defect discovered by you had been in place already at the time of performance.
2. Product Warranty
In what cases can you make use of your product warranty rights?
In the event of a defect in goods (product), the Consumer may, at his/her choice, assert the right specified in point 1 or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, the Consumer can only request the repair or replacement of the defective product.
In what cases does the product qualify as defective?
A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
In what deadline may you assert your product warranty claim?
The Consumer can claim his/her product warranty within 2 years of the product being placed on the market by the manufacturer. Upon expiry of this period, Consumer shall lose this right.
Against whom and with what other conditions can you assert your product warranty claim?
Consumer can only assert a product warranty claim against the manufacturer or the distributor of the goods. The defect of the product – in case of a product warranty claim – must be proven by the Consumer.
In what cases is the manufacturer (distributor) exempted from its product warranty obligations?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
- the product was not manufactured or marketed within its business activity, or
- the defect was not recognizable based on current scientific and technical knowledge at the time of placing on the market, or
- the defect of the product results from the application of legislation or a mandatory authority regulation.
It is sufficient for the manufacturer (distributor) to prove one reason for the exemption.
Please note that, due to the same defect, the Consumer cannot simultaneously enforce an implied warranty claim and a product warranty claim. However, in case of successfully enforced product warranty claim, the Consumer can assert implied warranty claim for the replaced product or repaired part against the manufacturer.
3. Guarantee
The Service Provider does not sell a product subject to guarantee obligations (durable consumption goods).
Complaint handling
Complaints of the Consumer to the product or the activities of the Service Provider, in accordance with Act CLV 1997 on Consumer Protection, may be submitted orally or in writing at the following contact details of the Service Provider:
Oral complaint of the Consumer shall immediately be investigated and, if possible, remedied by the Service Provider. If the Consumer does not agree with the handling of the complaint or it is not possible to be investigated immediately, the Service Provider is obliged to keep a record of the complaint and its position and provide the Consumer with a copy to. In the case of complaints submitted via phone, any other electronic communication service or email, it shall be sent to the Consumer within 30 days at the latest simultaneously with the substantive reply.
An oral complaint made over the phone must be given a unique identification number by the Service Provider.
The record of the complaint must include the following:
- the name and address of the Consumer,
- the place, time and method in which the complaint was lodged,
- a detailed description of the Consumer’s complaint,
- a list of documents and other evidence presented by the Consumer,
- a statement by the Service Proiver of its position on the Consumer’s complaint, if it is possible to investigate the complaint immediately,
- the signature of the person recording the complaint and – with the exception of an oral complaint made by telephone – of the Consumer,
- place and time of recording of the complaint,
- in the case of an oral complaint via telephone or by other electronic communications service, the unique identification number of the complaint.
The Service Provider shall keep a record of the complaint and a copy of the reply for five years and present it to the inspection authorities on request.
The Service Provider is obliged to justify its position if rejects the complaint. If the complaint is rejected, Service Provider must inform the Consumer in writing which authority or conciliation body, depending on the nature of the complaint, can be availed for the procedure.
The Consumer is entitled to turn to the consumer protection authority competent based his/her residence; the consumer protection authorities are the government offices. The contact details of the consumer protection authorities can be found on this website:
https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag.
If any customer dispute between the Service Provider and the Consumer is not settled during negotiations with the Service Provider, the Consumer may refer the dispute to the consumer dispute resolution body competent based the residence of the Consumer or the seat of the Service Provider. The dispute resolution bodies are operated by regional (capitol) chambers of commerce and industry and are independent bodies professionally.
- More information about dispute resolution bodies are available on this website: bekeltetes.hu.
- More information on the territorially competent dispute resolution bodies is available here: https://bekeltetes.hu/index.php?id=testuletek.
- The dispute resolution body competent based on the seat of the Service Provider is:
- Budapest Conciliation Board (Budapesti Békéltető Testület)
- Address: 1016 Budapest, Krisztina krt. 99.,
- Phone number: +36-1-488-2131,
- Website: https://bekeltet.bkik.hu/
- Email: bekelteto.testulet@bkik.hu.
If the Consumer is a consumer domiciled in the EU, Norway, Iceland, or Liechtenstein, he/she may also use the ODR platform managed by the European Commission to settle disputes. This platform can be found on ec.europa.eu/odr.
Miscellaneous provisions
The Service Provider is entitled to unilaterally amend the conditions of these GTC at any time. Any change will take effect at the same time as it appears on the Website.
The Parties shall make every effort to settle any disputes which may arise by negotiation. If it is not possible to settle the dispute by negotiation, the Parties stipulate the exclusive jurisdiction of Buda Central District Court (“Budai Központi Kerületi Bíróság”) and Municipal Court of Székesfehérvár (“Székesfehérvári Törvényszék”) depending on their competence. For sake of clarity, if one of the Parties involved in a dispute is a consumer, the aforementioned does not override the consumer-friendly competence rules as set out in the applicable laws.
For the activity under this GTC, no code of conduct as per act on prohibition of unfair commercial practices against consumers is applicable.
Copyrights
Copyright protection of the Website: pursuant to section 1. §. (1) of the Act LXXVI of 1999 on Copyright, the Website qualifies as a copyright work, therefore all parts of it are protected by copyright, thus pursuant to section 16. § (1) of the said Act, it is prohibited to take and use any material from the Website without the written consent of the right holder. With the written consent of the right holder, the use of any part of the Website must include the author and the address of the Website.
Data protection
The privacy notice of the Service Provider is available on the following webpage: Privacy Policy.
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