1. Introduction
The General Terms and Conditions (hereinafter: GTC) contain the general terms and conditions for the use of the webshop (hereinafter: Website) operated by Ema Design Bt. as a service provider (hereinafter: Service Provider). Please use our services only if you agree with every point and consider them binding upon yourself. This document will not be filed, it is concluded exclusively in electronic form (it does not qualify as a written contract), and it does not refer to a code of conduct.
2. The Service Provider
The operator of the site and the manufacturer of the products available for order on the site;
Ema Design Betéti Társaság
Registered address: 1037 Budapest, Tarhos u. 48.
Tax number: 28647379141
Community VAT number: HU28647379
Company registration number: 01 06 511317
Bank account number: 10700718-43640403-51100005
Our contact details:
Postal address: 1037 Budapest, Tarhos u. 48.
Phone number: +36-20/419-5036
E-mail address: info@emababy.com
Representative of the Service Provider: János Dobszay
Language of our legal notice: Hungarian
Complaint handling:
You may submit any complaints via the following contact details, either in writing or by telephone.
Telephone: +36-20/419-5036
Postal address: 1037 Budapest, Tarhos u. 48.
Email: info@emababy.com
3. Activity conducted on the website
Retail of baby products
Range of purchasable products: Baby products, clothing, textiles.
4. Terms of Use
1. Liability
The User may use the Website solely at their own risk and accepts that the Service Provider shall not be held liable for any material or non-material damages arising during use, beyond liability for breach of contract caused intentionally, by gross negligence, or by a criminal offense, or for breach of contract damaging life, physical integrity, or health.
The Service Provider excludes all liability for the conduct of the Website's users. The User is fully and exclusively responsible for their own conduct; in such cases, the Service Provider fully cooperates with the acting authorities to detect infringements.
The User is obliged to ensure that during the use of the Website, they do not infringe upon the rights of third parties or the laws, either directly or indirectly.
- Copyrights
The Website is protected by copyright. The Service Provider is the copyright holder of all content displayed by the Service Provider on the Website and during the provision of services available through the Website: including, but not limited to, all graphics and other materials forming an integral part of the Website, the layout and editing of the Website interface, the software and other solutions used, ideas, and implementation.
5. Purchasing on the website
5.1 Orders in the webshop can only be placed electronically, by using the shopping cart on the website and providing the shipping data (name, address, phone number, e-mail address). The order is considered completed once the payment has been made.
Payment can be made via online credit card payment or bank transfer. Payment is considered fulfilled when the consideration for the ordered goods arrives in our account.
Online credit card payments are processed through the Barion system. Credit card details do not reach the merchant. The service provider, Barion Payment Zrt., is an institution under the supervision of the Central Bank of Hungary, license number: H-EN-I-1064/2013
Bank account number: 10700718-43640403-51100005
After processing every order received in the webshop, we send an e-mail confirmation of the order.
5.2 Products are delivered via Foxpost.
Standard domestic delivery time: generally 3-4 business days; in case of backorders, a maximum of 2-3 weeks.
Shipping fee:
Home delivery via Foxpost: 2400 HUF
Delivery to Foxpost automated locker: 1190 HUF
Delivery is carried out based on the general terms and conditions of Foxpost Zrt.
6. Right of withdrawal
The provisions in this section apply exclusively to natural persons acting outside the scope of their profession, occupation, or business activity, who buy, order, receive, use, or make use of goods, and who are the addressees of commercial communications or offers related to the goods (hereinafter „Consumer”).
In the case of a contract for the sale of a product, the Consumer is entitled to withdraw from the contract without justification within fourteen (14) days from the date of receipt of the product by the Consumer or a third party other than the carrier designated by the Consumer.
The Consumer may also exercise their 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 their right of withdrawal, they must send a clear statement containing their intention to withdraw (for example, by post, fax, or electronic mail) to the Service Provider using the contact details indicated in section 2 of these GTC. For this purpose, the Consumer may use the model withdrawal form available via the following link.
The Consumer exercises their right of withdrawal within the deadline if they send their withdrawal statement to the Service Provider before the expiry of the deadline indicated above. The Service Provider shall immediately confirm the receipt of the Consumer's withdrawal statement via e-mail.
The Consumer bears the burden of proving that they exercised their right of withdrawal in accordance with the provisions set out in section 6.
In the case of withdrawal in writing, it shall be considered validated within the deadline if the Consumer sends their statement to this effect within 14 calendar days (even on the 14th calendar day) to the Service Provider. In the case of notification by post, the Service Provider shall take the date of posting into account for the calculation of the deadline, and in the case of notification via e-mail, the time the e-mail was sent. The Consumer should post their letter as a registered mail so that the date of posting can be credibly proven.
In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address specified in section 2 without undue delay, but no later than 14 days from the communication of their withdrawal statement. The deadline is considered met if the Consumer sends (posts or hands over to the courier they ordered) the product before the 14-day deadline expires. The cost of returning the product to the Service Provider's address shall be borne by the Consumer. The Service Provider is unable to accept packages returned with cash on delivery. Apart from the cost of returning the product, the Consumer shall not be charged any other costs in connection with the withdrawal.
If the Consumer withdraws from the contract, the Service Provider shall refund all payments received from the Consumer, including delivery costs (paid for shipping), without delay but no later than 14 days from the receipt of the Consumer's withdrawal statement, except for additional costs incurred because the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been sent back: the Service Provider shall take the earlier of the two dates into account. During the refund, the Service Provider shall use the same payment method as used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer shall not incur any additional costs as a result of using this refund method.
The Consumer can only be held liable for the depreciation of the product if it resulted from use exceeding the use necessary to determine the nature, characteristics, and functioning of the product. The Service Provider may claim compensation for depreciation resulting from use exceeding the use necessary to determine the nature, characteristics, and functioning of the product.
7. Warranty
We provide a 12-month warranty (“guarantee”) for our products. The Service Provider is only released from its warranty obligation if it proves that the cause of the defect arose after performance.
The User may not assert a claim for implied warranty and a warranty claim, or a product warranty claim and a warranty claim for the same defect simultaneously and in parallel; otherwise, the User is entitled to the rights arising from the warranty regardless of the warranty entitlements defined in points 8.1 and 8.2.
8. Warranties
- Implied Warranty
In the event of defective performance by the Service Provider, the User may assert an implied warranty claim against the Service Provider.
In the case of a consumer contract, the User qualifying as a Consumer may assert warranty claims within a 2-year limitation period from the date of receipt for product defects that already existed at the time of delivery. Beyond the limitation period, the User can no longer enforce their implied warranty rights. In the case of a contract not concluded with a Consumer, the entitled party may assert warranty claims within a 1-year limitation period from the date of receipt.
The User may – at their discretion – request repair or replacement, unless the fulfillment of the chosen claim is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfillment of another claim.
If the User did not or could not request repair or replacement, they may request a proportional reduction of the consideration, or the User may repair the defect themselves or have it repaired by someone else at the Service Provider's expense, or – as a last resort – withdraw from the contract. There is no right of withdrawal for insignificant defects.
The User may switch from their chosen implied warranty right to another, but shall bear the cost of the switch unless it was justified or caused by the Service Provider. The User is obliged to notify the Service Provider of the defect immediately after its discovery, but no later than within 2 months of discovery.
The User may assert their implied warranty claim directly against the Service Provider.
Within 1 year from the performance of the contract, there are no conditions for asserting an implied warranty claim other than the notification of the defect, provided the User proves that the product was purchased from the Service Provider (by presenting the invoice or a copy of the invoice). In such cases, the Service Provider is only released from the warranty if it rebuts this presumption, i.e., proves that the defect in the product arose after delivery to the User. If the Service Provider can prove that the cause of the defect arose for reasons attributable to the User, it is not obliged to grant the warranty claim asserted by the User. After six months from performance, the User is obliged to prove that the defect recognized by them already existed at the time of performance.
- Product Warranty
In the event of a product defect, the User qualifying as a Consumer may – at their discretion – assert the implied warranty right defined in point 8.1 or a product warranty claim. However, the User does not have the right to assert an implied warranty claim and a product warranty claim for the same defect simultaneously and in parallel. In the event of a successful product warranty claim, however, the User may assert their implied warranty claim for the replaced product or repaired part against the manufacturer.
As a product warranty claim, the User may only request the repair or replacement of the defective product. The defect of the product must be proven by the User in the event of a product warranty claim. A product is considered defective if it does not meet the quality requirements in force at the time of its placement on the market or if it does not have the characteristics described by the manufacturer. The User may assert a product warranty claim within 2 years from the date the product was placed on the market by the manufacturer. Upon expiry of this period, this right is lost. The User is obliged to notify the manufacturer of the defect without delay after its discovery. A defect notified within two months of discovery shall be considered notified without delay. The Consumer is responsible for damages resulting from a delay in notification.
The User may exercise their product warranty claim against the manufacturer or distributor of the product.
The manufacturer or distributor is only released from its product warranty obligation if it can prove that:
- it did not manufacture or place the product on the market within the scope of its business activity, or
- the defect was not recognizable according to the state of science and technology at the time of placement on the market, or
- the defect in the product results from the application of a law or a mandatory official regulation.
9. Enforcement Options
- Complaint Handling
The User may submit consumer complaints related to the product or the Service Provider's activities at the following contact details:
- Name: Ema Design Bt.
- Mailing address: 1037 Budapest, Tarhos u. 48.
- E-mail address: info@emababy.com
The Service Provider is obliged to examine and respond to the written complaint on its merits within thirty days of its receipt, and to take measures to ensure that the response reaches the User. If the Service Provider rejects the complaint, it is obliged to justify its position in its substantive response regarding the rejection. The Service Provider is obliged to keep the minutes of the complaint and a copy of the response for five years.
- Other enforcement options
In the event that any consumer dispute between the Service Provider and the User is not resolved during negotiations with the Service Provider, the following enforcement options are open to the User:
- Filing a complaint with the consumer protection authority: If the Customer perceives a violation of their consumer rights, they are entitled to file a complaint with the consumer protection authority competent according to their place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The list of competent government offices is available at https://www.kormanyhivatal.hu.
- Initiating proceedings of a conciliation body: For the purpose of out-of-court, peaceful settlement of consumer disputes related to the quality and safety of products, the application of product liability rules, and the conclusion and performance of the contract, the User may initiate proceedings at the conciliation body competent according to their place of residence or stay, or may turn to the conciliation body operating alongside the professional chamber competent according to the Service Provider's registered office.
Contact details of the Budapest Conciliation Body:
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf.: 10.
E-mail address: bekelteto.testulet@bkik.hu
Central telephone number: +36 1 488 2131
Contact details of the Baranya County Conciliation Body:
Address: 7625 Pécs, Majorossy Imre u. 36.
Mailing address: 7625 Pécs, Majorossy Imre. u. 36.
E-mail address: info@baranyabekeltetes.hu
Central telephone number: +36 72 507 154, +36 20 283 3422
Contact details of the Bács-Kiskun County Conciliation Body:
Address: 6000 Kecskemét, Árpád krt. 4.
Mailing address: 6001 Kecskemét Pf. 228.
E-mail address: bekeltetes@bacsbekeltetes.hu
Central telephone number: +36 76 501 525, +36 70 938 4765
Contact details for the Békés County Conciliation Board:
Address: 5600 Békéscsaba, Penza ltp. 5.
Mailing address: 5600 Békéscsaba, Penza ltp. 5.
E-mail address: bekeltetes@bmkik.hu
Central telephone number: +36 66 324 976
Contact details for the Borsod-Abaúj-Zemplén County Conciliation Board:
Address: 3525 Miskolc, Szentpáli u. 1.
Mailing address: 3501 Miskolc, P.O. Box 376.
E-mail address: bekeltetes@bokik.hu
Central telephone number: +36 46 501 090, extension 105
Contact details for the Csongrád-Csanád County Conciliation Board:
Address: 6721 Szeged, Párizsi krt. 8-12.
Mailing address: 6721 Szeged, Párizsi krt. 8-12.
E-mail address: bekelteto.testulet@csmkik.hu
Central telephone number: +36 62 554 250, extension 118
Contact details for the Fejér County Conciliation Board:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Mailing address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
E-mail address: bekeltetes@fmkik.hu
Central telephone number: +36 22 510 310
Contact details for the Győr-Moson-Sopron County Conciliation Board:
Address: 9021 Győr, Szent István út 10/A.
Mailing address: 9021 Győr, Szent István út 10/A.
E-mail address: bekelteto.testulet@gymsmkik.hu
Central telephone number: +36 96 520 217
Contact details of the Hajdú-Bihar County Conciliation Body:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Mailing address: 4025 Debrecen, Vörösmarty u. 13-15.
E-mail address: bekelteto@hbkik.hu
Central telephone number: +36 52 500 710, +36 52 500 745
Contact details of the Heves County Conciliation Body:
Address: 3300 Eger, Faiskola út 15. fsz. 15.
Mailing address: 3300 Eger, Faiskola út 15. fsz. 15.
E-mail address: bekeltetes@hkik.hu
Central telephone number: +36 36 416 660, +36 30 967 4336
Contact details of the Jász-Nagykun-Szolnok County Conciliation Body:
Address: 5000 Szolnok, Verseghy park 8., ground floor chamber customer service
Mailing address: 5000 Szolnok, Verseghy park 8.
E-mail address: bekeltetotestulet@iparkamaraszolnok.hu
Central telephone number: +36 20 373 2570
Contact details of the Komárom-Esztergom County Conciliation Body:
Address: 2800 Tatabánya, Fő tér 36.
Mailing address: 2800 Tatabánya, Fő tér 36.
E-mail address: bekeltetes@kemkik.hu
Central telephone number: +36 34 513 010, +36 34 513 012
Contact details of the Nógrád County Conciliation Body:
Address: 3100 Salgótarján, Mártírok útja 4.
Mailing address: 3100 Salgótarján, Mártírok útja 4.
E-mail address: nkik@nkik.hu
Central telephone number: +36 32 520 860
Contact details for the Pest County Conciliation Board:
Address: 1055 Budapest, Balassi Bálint utca 25. 4th floor, Apt. 2.
Mailing address: 1055 Budapest, Balassi Bálint utca 25. 4th floor, Apt. 2.
E-mail address: pmbekelteto@pmkik.hu
Central telephone number: +36 1 792 7881
Contact details for the Somogy County Conciliation Board:
Address: 7400 Kaposvár, Anna u. 6.
Mailing address: 7401 Kaposvár, P.O. Box: 174.
E-mail address: skik@skik.hu
Central telephone number: +36 82 501 000
Contact details for the Szabolcs-Szatmár-Bereg County Conciliation Board:
Address: 4400 Nyíregyháza Széchenyi utca 2.
Mailing address: 4400 Nyíregyháza Széchenyi utca 2.
E-mail address: bekelteto@szabkam.hu
Central telephone number: +36 42 420 180
Contact details for the Tolna County Conciliation Board:
Address: 7100 Szekszárd, Arany János u. 23-25.
Mailing address: 7100 Szekszárd, Arany János u. 23-25.
E-mail address: bekelteto@tmkik.hu
Central telephone number: +36 74 529 252, +36 30 664 2130
Contact details for the Vas County Conciliation Board:
Address: 9700 Szombathely, Honvéd tér 2.
Mailing address: 9700 Szombathely, Honvéd tér 2.
E-mail address: pergel.bea@vmkik.hu
Central telephone number: +36 94 506 645, +36 94 312 356
Contact details for the Veszprém County Conciliation Board:
Address: 8200 Veszprém, Radnóti tér 1., ground floor 115-116.
Mailing address: 8200 Veszprém, Radnóti tér 1., ground floor 115-116.
E-mail address: info@bekeltetesveszprem.hu
Central telephone number: +36 88 814 111, +36 88 814 121
Contact details for the Zala County Conciliation Board:
Address: 8900 Zalaegerszeg, Petőfi út 24.
Mailing address: 8900 Zalaegerszeg, Petőfi út 24.
E-mail address: zmbekelteto@zmkik.hu
Central telephone number: +36 92 550 513 - Initiation of court proceedings: The User is entitled to enforce their claim arising from a consumer dispute before a 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.
10. Other provisions
The Service Provider is entitled to unilaterally modify these GTC, subject to prior notification of the site's users. The Service Provider shall publish the information on its Website in due time before the modified GTC enters into force. The modified provisions shall become effective against the Users of the site upon the first use of the Website after their entry into force, regarding the use of the service thereafter.
The Service Provider's privacy policy is available on the following page: link