The products, information, documents, or other written materials displayed on the website www.dembell.com (hereinafter referred to as the ’Website’) are currently published by Dembell Hungary Kft. solely for informational purposes.
Browsing the Service Provider's Website constitutes implied acceptance by the visitor (hereinafter referred to as the ’User’) of the following terms.
These Terms of Use have been prepared in English language.
In the event of any discrepancy between these Terms of Use and the specific provisions placed on the Website, these Terms of Use shall prevail.
1. Service Provider Details
Name: Dembell Hungary Kft.
Registered Office: 1124 Budapest, Csörsz utca 43. 2. em.
Tax number: 25019380-2-43
Company registration number: 01-09-195096
Registering court: Company Registry Court of Budapest
Capital Regional CourtPhone: +36203538000
Email: sales@dembell.com
Details of Hosting Service Provider:
Name: Webflow, Inc.
Registered Office: 398 11th St 2nd Floor, San Francisco, California 94103, United States
Email: support@webflow.com
Website: www.webflow.com
2. Genaral Information
2.1. Information Published on the Website
The Website is a presentation page, currently only intended to
- vehicles offered for sale by the Service Provider,
- inform Users about the characteristics of the vehicles,
- provide information on how, with what equipment and under what conditions the User can purchase these vehicles.
Through this Website, there is no possibility for online purchasing in an electronic or any other manner (email, phone, etc.) directly to the Service Provider. The Website solely allows for viewing the vehicles offered for sale and related information.
Information about the characteristics of the vehicles presented on the Website is provided in the description found on the respective vehicle's page.
3. Copyright
The intellectual works (such as photos, videos, descriptions, etc.) appearing on the Website are protected by copyright in accordance with the provisions of Act LXXVI of 1999 on Copyright (CopyrightAct), and their use is only permitted in accordance with the provisions of the Copyright Act.
All elements displayed on the Website are protected separately by copyright and other laws, according towhich the elements of the Website, either in whole or in part, cannot be copiedor used. The aggregate of copyright and the rights protecting the producer ofthe database belong to the Service Provider.
The Service Provider is the copyright holder or authorized user of all content displayed onthe Website, as well as any copyrighted work or other intellectual works (including but not limited to all graphics, photos, and other materials, the layout and editing of the Website, the software and other solutions used, ideas, implementations). The Website may contain intellectual works by third parties, for which the Service Provider has obtained the right to use from these third parties.
The intellectual works may not be used or exploited in any form other than on-screen display and temporary reproduction, saving to a personal, non-commercial hard drive, printing, or any other form without the prior written permission of the Service Provider.
For any use exceeding the limits of fair (free) use, the consent of the rights holder (Service Provider) is required.
Accordingly, in particular, but not exclusively, the reproduction, distribution, adaptation under copyright law, or any other use or exploitation, whether commercial or otherwise, of the intellectual works contained on the Website in any other website, or in any other form, whether printed or electronic, in any other form, whether in printed or electronic form, is prohibited.
In addition to the expressly defined rights in these Terms of Use, the use of the Website and any provision in the Terms of Use does not grant the User any right to use or exploit any commercial name, trademark, graphic, or any copyrighted work protected by copyright on the Website.
In the case of using content without permission as defined in point 3, the Service Provider is entitled to claim a penalty and/or compensation for damages. The penalty amount is 10,000 HUF per word and 50,000 HUF per image, 100,000 HUF per moving image. For documenting copyright infringements, the Service Provider will engage these rvices of a notary public. The notary public is authorized to certify infringements committed on the internet, thus copyright infringements recordedin the presence of a notary public can be officially certified.
Any reproduction of intellectual property placed onthe Website in a manner or to an extent other than as set out above is a copyright infringement and the rights owner will in all cases take legal actionto stop the infringement.
3.1. Derivativeworks
Any modification, adaptation, or supplementation of intellectual properties resulting in aderivative work automatically becomes the property of the Service Provider orthe original intellectual property rights holder, without the need for anyfurther agreement, notification, or action, regardless of whether the modification, adaptation, or supplementation was carried out by the User or any other collaborator within their sphere of interest, with or without the permission of the Service Provider.
3.2. Prohibitions
Any activity aimed at listing, organizing, archiving, or hacking the Service Provider's database or reversing its source code is prohibited unless expressly authorized by the Service Provider in writing.
Without a separate agreement, it is prohibited to modify, copy, insert new data, or overwrite existing data in the Service Provider's database by circumventing the interfaces or search engines provided by the Service Provider. It is also prohibited to save the content of the Website, whether openly or in a closed database, for commercial purposes or to distribute it.
Downloading images placed on the Website without prior permission and using them for commercial or other purposes is prohibited.
Reproduction, whether online or in print, of any element of the Website (both collectively and individually) for public disclosure purposes is prohibited without the permission of the Service Provider.
Saving or printingthe content of the Website, as well as certain parts thereof, onto physical or other data carriers is only permitted for personal use or with the prior written consent of the Service Provider.
3.3. Domain
The Service Provider reserves all rights to every element of its service, particularly including the domain name, its associated subdomains, all other domain names occupied by the Service Provider, their subpages, as well as the internet advertising spaces.
4. Rules of Conduct, Liability
4.1. Rules of conduct
The User undertakes to comply with all applicable laws, rules, and regulations while using the Website. The Service Provider expects Users of the Website to respect laws, aswell as the rights and dignity of others.
By using the Website, the User also agrees to the following:
- Not to copy, duplicate, or sell the content of the Website, or any part thereof, in a manner that violates the provisions of these Terms of Use;
- Not to access without authorization, and not to cause harm or disruption to:
* The content of the Website or any part thereof;
* The device or network where the Website is stored;
* The software that ensures the operation of the Website; or
* The equipment, networks, or software owned or used bya third party in connection with the Website.
If the Service Provider becomes aware of any activity that violates these Terms of Use or ifthe User publishes, transmits, or otherwise makes available information or materials that violate these Terms of Use, the Service Provider is entitled to initiate legal proceedings against the User.
4.2. Liability
The User may visit and use the Website solely at their own risk. The Service Provider is not responsible for any malfunction of the Website and does not guarantee that the Website is free from viruses.
By using the Website, the User assumes the risk arising from its use, including damages resulting from the malfunction of their devices.
The Service Provider reserves the right to modify, redesign, or restrict the accessibility of the Website at any time.
The Website uses the HTTPS protocol to display documents on the internet - on its HTML format webpage - for the User. Images, graphics, and other data transmitted in this way (based on the HTTPS protocol) are accessible and displayable through any browser (the currently latest versions of known browsers) on any device capable of running these browsers. For adequacy of user experience, the User should ensure they have an appropriate browser and sufficient internet access speed.
Due to the global nature of the Internet, the User accepts that they must also comply with the relevant national laws while using the Website. If any activity related to the use of the Website is not permitted according to the laws of the User's country, the responsibility lies solely with the User for such use.
The Service Provider is not liable for any direct, indirect, incidental, special, or any other damages (including, but not limited to, lost profits, interruption of business, loss of business information, and data loss).
The Website may contain inaccuracies and typographical errors. The Service Provider reserves the right to change, correct, and/or improve the current content and information without prior notice. The Service Provider makes every effort to ensure that the information on the Website is up-to-date.
To the extent permitted by applicable laws:
- neither the Service Provider nor any other persons involved in the development and operation of this Website shall be liable for any errors, damages, data loss, or malfunction of the Website arising directly, indirectly, or incidentally from visiting the Website, establishing connections, browsing, or downloading.
- the Service Provider disclaims any liability for damages to the User's computer or other property arising from accessing, using, or browsing the Website or its content, including unwanted incidents during the download of materials, data, texts, images, audio, or visual content.
- furthermore, the Service Provider disclaims all liability for direct or indirect damages, losses, or expenses arising from the malfunction or breakdown of the Website or any similar causes. Violation of these Terms of Use constitutes a serious breach of the conditions for using the Website, which may result in any or all of the following measures:
- immediate, temporary, or permanent withdrawal of the right to use the Website; issuance of a warning;
- initiation of legal proceedings against the infringing party for compensation for damages caused by unlawful conduct (including, among others, documented administrative and legal costs);
- release of information deemed reasonably necessary by the Operator to law enforcement authorities.
4.3. References by third parties
Where the Website contains links to other websites and resources provided by third parties, such links are provided for information purposes only. The inclusion of such links on the Site shall not be construed as an endorsement by the Service Provider of the linked websites or the information available thereon, or any contribution to their creation. Any content displayed via such links shall be the sole responsibility of the third party accessed via such links.
5. Applicable Law
These terms of Use, their subject matter, and interpretation (as well as the settlement of disputes and claims outside of the contract) shall be governed by Hungarian laws. The Parties agree that the courts of Hungary shall have exclusive jurisdiction to settle any disputes that may arise.
6. Legal Remedies
6.1. Compliant Handling Location, Time, and Method
The User may filea complaint with the Service Provider regarding the conduct, activities, or omissions of the Service Provider or any person acting on behalf of or in the interest of the Service Provider, which are directly related to the sale or marketing of the vehicles offered for sale to the User.
The User can submit their complaint verbally or in writing.
The User should primarily address their consumer complaints regarding the product or the sales activities of the Service Provider directly through the contact information provided in point 1.
6.1.1. Oral Complaint
The ServiceProvider is obligated to immediately investigate any complaints received overthe phone and, if possible, remedy them as needed. If the User disagrees withthe handling of the complaint or if an immediate investigation is not possible, the Service Provider will record the complaint in a protocol.
In the case of oral complaints received via phone or other electronic communication services, the Service Provider shall send the User a copy of the protocol, along with a substantive response, within 30 days at the latest, from the date of the complaint.
The Service Provider is required to retain a copy of the protocol of the complaint for three years from the date of recording and present it to the supervisory authorities upon request.
Complaints recorded over the phone or through other communication means are assigned a unique identifier by the Service Provider to facilitate easy retrieval of the complaint in the future.
In all other respects, when processing oral complaints, the Service Provider shall follow the rules applicable to written complaints.
6.1.2. Written Complaint
The Service Provider shall respond substantively to any complaints received in writing within 30 days and take action to communicate the response. If the complaint is rejected, the Service Provider shall inform the User of the reasons for the rejection. In the event of rejecting the complaint, the Service Provider is obliged to inform the User in writing about which authority or conciliation body the User may initiate proceedings with, depending on the nature of the complaint. This information must also include the seat, telephone, and internet contact details, as well as the mailing address of the competent authority or the conciliation body according to the User's place of residence or stay. The information must also cover whether the Service Provider will utilize conciliation proceedings for the settlement of consumer disputes.
6.2. Other Legal Remedies
If a consumer dispute between the Service Provider and the User, who qualifies as a consumer, is not resolved through negotiations with the Service Provider, the User may turn to and initiate proceedings with the conciliation body competent according to their place of residence or stay. Additionally, the User may also turn to the conciliation body competent according to the Service Provider's registered office. Furthermore, the User has the following legal remedies available:
· Complaining to the consumer protection authority
· Conciliation proceedings before the conciliation body
· Dispute resolution procedure through the EU Online Dispute Resolution platform
· Initiating court proceedings
6.2.1. Complaining to the consumer protection authority
If the User detects a violation of their consumer rights, they can file a complaint with the consumer protection authority competent for their place of residence. Following the assessment of the complaint, the authority decides on conducting consumer protection proceedings. Upon request or ex officio, the consumer protection authority investigates the trader's market behaviour from a consumer protection perspective. However, the individual case of the User is resolved by the dispute resolution body, meaning that the consumer protection authority transfers the applicant's case to the dispute resolution body in this case.
6.2.2. Initiationof conciliation body proceedings
If the Service Provider rejects the complaint of the User who qualifies as a consumer, the User is entitled to turn to the Conciliation Body competent for their place of residence or habitual residence, or the Conciliation Body indicated by the Userin the application. The initiation of proceedings by the Conciliation Body requires that the consumer attempts to settle the dispute directly with the trader concerned.
The Conciliation Body - except if the consumer requests a personal hearing - conducts the hearing in an online format through electronic means that allow simultaneous audio and visual transmission without the need for personal presence (hereinafter: online hearing).
The trader is obliged to cooperate in the conciliation procedure. This means that upon request of the Conciliation Body, the trader is obliged to submit its response to the Conciliation Body within the deadline.
Regarding the online resolution of consumer disputes, except for 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) No2006/2004 and Directive 2009/22/EC (hereinafter referred to as "Regulation524/2013"), the trader must ensure the participation of a person authorized to reach an agreement at the hearing. At the online hearing, the representative authorized to reach an agreement on behalf of the trader must participate online. If the consumer requests a personal hearing, the representative authorized to reach an agreement on behalf of the trader must at least participate online in the hearing.
The Arbitration Board issues a decision containing an obligation if the business has not made a submission statement, but the requestis justified, and the consumer's claim to be enforced – neither in the request nor at the time of the decision containing the obligation – does not exceed two hundred thousand forints.
This means that if the business does not comply withthe decision containing the obligation of the Arbitration Board within the deadline, the consumer may request the court to enforce the decision of the arbitration board with an enforcement clause. In the case of a decision containing an obligation, the costs of the procedure are fully borne by the business, while in the case of rejection of the consumer's request, the parties bear their own costs, meaning that under no circumstances does the consumer have to reimburse the costs of the business.
For more information about the Arbitration Boards, please visit: https://www.bekeltetes.hu
Under consumer protection law, the Arbitration Board procedure qualifies as a consumer anyone who, for purposes outside their own independent occupation and economic activities, is a recipient of goods, makes purchases, orders, or uses goods, or is the addressee of commercial communication or offers related to goods, as specified by separate law, including civil organizations, ecclesiastical legalentities, housing cooperatives, or residential associations.
The existence of consumer status is subject to verification and examination by the Arbitration Board. The rules of the procedure are determined by the regulations established under the Arbitration Board.
The contact information for the Arbitration Boards with territorial jurisdiction is as follows:
Budapest Conciliation Board
Seat: Budapest
Jurisdiction: Budapest
Contact Information:
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
Mailing Address: 1253 Budapest, Pf.: 10.
Phone: +36-1-488-2131
E-mail: bekelteto.testulet@bkik.hu
Honlap: bekeltet.bkik.hu
Baranya County Conciliation Board
Seat: Pécs
Jurisdiction: Baranya County, Somogy County, Tolna County
Contact Information:
Address: 7625 Pécs, Majorossy I. u. 36.
Phone: +36-72-507-154
Email: info@baranyabekeltetes.hu
Website: baranyabekeltetes.hu
Borsod-Abaúj-Zemplén County Conciliation Board
Seat: Miskolc
Jurisdiction: Borsod-Abaúj-Zemplén County, Heves County, Nógrád County
Contact Information:
Address: 3525 Miskolc, Szentpáli u. 1.
Phone: +36-46-501-090
Email: bekeltetes@bokik.hu
Website: bekeltetes.borsodmegye.hu
Csongrád-Csanád County Conciliation Board
Seat: Szeged
Jurisdiction: Békés County, Bács-Kiskun County, Csongrád-Csanád County
Contact Information:
Address: 6721 Szeged, Párizsi krt. 8-12.
Phone: +36-62-554-250/118
Email: bekelteto.testulet@cskik.hu
Website: bekeltetes-csongrad.hu
Fejér County Conciliation Board
Seat: Székesfehérvár
Jurisdiction: Fejér County, Komárom-Esztergom County, Veszprém County
Contact Information:
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone: +36-22-510-310
Email: bekeltetes@fmkik.hu
Website: www.bekeltetesfejer.hu
Győr-Moson-Sopron County Conciliation Board
Seat: Győr
Jurisdiction: Győr-Moson-Sopron County, Vas County, Zala County
Contact Information:
Address: 9021 Győr, Szent István út 10/a.
Phone: +36-96-520-217
Email: bekeltetotestulet@gymskik.hu
Website: bekeltetesgyor.hu
Hajdú-Bihar County Conciliation Board
Seat: Debrecen
Jurisdiction: Jász-Nagykun-Szolnok County, Hajdú-Bihar County, Szabolcs-Szatmár-Bereg County
Contact Information:
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Phone: +36-52-500-710
Email: bekelteto@hbkik.hu
Website: hbmbekeltetes.hu
Pest County Conciliation Board
Seat: Budapest
Jurisdiction: Pest County
Contact Information:
Address: 1055 Budapest, Balassi Bálint u. 25. IV/2.
Phone: +36-1-792-7881
Email: pmbekelteto@pmkik.hu
Website: panaszrendezes.hu
6.2.3. EU dispute resolution platform
Anyone residing in the European Union (EU) or the European Economic Area (EEA) who has a complaint regarding a product or service purchased online from a trader within the EU/EEA can turn to the EU Online Dispute Resolution (ODR) platform for assistance in resolving the dispute.
The European Online Dispute Resolution platform (ODR platform) is an official website designed and managed by the European Commission. It provides an interactive platform for resolving disputes between consumers and online traders regarding online purchases. The ODR platform is accessible to consumers and traders within the European Union (EU) and facilitates communication between parties to reach a mutually acceptable solution without going to court.
Here is the direct link to the European Online Dispute Resolution platform: European ODR platform Please note that the platform is available in multiplelanguages to accommodate users from different EU member states.
This platform provides easy access to the online dispute resolution process for consumers and traders within the European Union (EU) and the European Economic Area (EEA).
6.2.4. Initiation of court proceedings
If the User does not resort to an arbitration board or if the arbitration process does not yield results, they have the option to file a lawsuit in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXXof 2016 on the Code of Civil Procedure for the settlement of the legal dispute. The lawsuit must be initiated by submitting a statement of claim. The statement of claim must include all documents and their copies that the User refers to as evidence.
The statement of claim must include the following information:
- The court where the proceedings are taking place.
- The names, addresses, and legal status of the parties and their representatives.
- The right being claimed, along with the facts underlying it and the evidence supporting those facts.
- The information from which the jurisdiction and competence of the court can be determined.
- A specific request for a decision from the court.
7. Modification of Terms of Use
The Service Provider is entitled to unilaterally modify these Terms of Use, with prior notification to the User on the Website. The modified provisions shall become effective against the User upon the first use of the Website following the modification unless the User objects to the modification. The modification of the Terms ofUse shall not have retroactive effect.
