General Contracting Terms

The contract created based on this document is not archived (it cannot be accessed afterwards; the order details serve as proof of contract). It is established through an implied conduct legal declaration, does not qualify as a written contract, is made in Hungarian, and does not refer to any code of conduct.
If you have any questions regarding the operation of the webshop, the ordering or shipping process, please contact us using the details provided.

These General Terms and Conditions apply to all legal relationships established on the Service Provider’s website (https://www.martiusjewelery.com) and its subdomains. The GTC is continuously available (and downloadable, printable at any time) at the following link: https://martiusjewelery.com/

 

Definitions

User: Any natural or legal person or organization who uses the Service Provider’s services or enters into a contract with the Service Provider.

Consumer: A User who acts outside their trade, profession, or business activity.

Business: A person acting within the scope of their trade, profession, or business activity.

Service Provider: A natural or legal person, or an organization without legal personality, that provides an information society service to the User and enters into a contract with the User.

 

1. SERVICE PROVIDER DATA

Name of the service provider: Aquafortis Ékszerészet Kft.
Registered address (and complaint handling location):
1089 Budapest, Bláthy Ottó utca 4–8. 119. ajtó
Contact email used for customer communication: info@martiusjewelry.com
Company registration number: 01-09-415255
Tax number: 32269422-2-42
Registering authority: Metropolitan Court of Registration (Fővárosi Törvényszék Cégbírósága)
Phone number: +36 30 640 0677
Contract language: Hungarian

 

 

2. BASIC PROVISIONS

2.1. For any issues not regulated in these GTC, and for the interpretation of the GTC, Hungarian law applies—particularly the Civil Code (Act V of 2013), the Electronic Commerce Act (Act CVIII of 2001), and Government Decree 45/2014 on consumer-business contracts. For special products, sector-specific legislation also applies. Mandatory legal provisions apply to the parties without explicit agreement.

2.2. These GTC take effect on 10 October 2025 and remain valid until revoked. The Service Provider publishes any modifications on the website and notifies registered or returning Users via email. Modifications do not apply retroactively to previously concluded contracts.

2.3. The Service Provider reserves all rights regarding the website, its contents, and their distribution.
Downloading, storing, processing, or selling any content appearing on the website is prohibited without written permission (except this document and the privacy notice).

2.4. The Service Provider accepts no responsibility for purchases of products displayed on websites not operated by the Service Provider.

 

3. REGISTRATION / PURCHASE

3.1. If false or incorrect data is provided during service use, ordering, or subscription, the resulting electronic contract may be legally challenged. If the challenge is successful, the contract becomes invalid from the moment of its conclusion, or—if it conceals another agreement—the parties’ rights and obligations shall be judged according to the concealed contract.

3.2. The Service Provider assumes no responsibility for delays or problems caused by incorrectly provided data. After confirming the User’s identity, the Service Provider may correct erroneous data to ensure proper invoicing and delivery.

3.3. The Service Provider is not liable for damages resulting from the User forgetting their password or making it accessible to unauthorized persons.

 

4. AVAILABLE PRODUCTS AND PRICES

4.1. Products displayed in the webshop can be ordered online (in some cases by phone). Prices are shown in EUR, include VAT, but do not include shipping or payment fees. No packaging fee is charged unless special gift packaging is requested.

4.2. The webshop provides detailed product names, descriptions, and photos where possible.

4.3. If promotional prices are introduced, the Service Provider provides full information regarding the promotion and its duration, in compliance with applicable legal requirements.

4.4. If an incorrect price appears, the Service Provider is not obligated to confirm the order at that price. The Provider may reject the offer and provide the correct price. The User may then:

• refuse the modified offer and cancel the order; or
• accept the order at the correct price.

Incorrect prices include:

• 0 EUR
• 1 EUR
• any promotional price inconsistent with the stated discount (e.g., 50% off 100 EUR must be 50 EUR).

 

5. ORDERING PROCESS

(Section translated precisely)

5.1. The User may log in after registration or shop without registering.

5.2. The User adds products to the cart and may view the cart at any time.

5.3. The User sets the desired quantity.

5.4. Before proceeding, the User checks and may adjust or delete items.

5.5. The User enters a delivery address and selects a payment/shipping method:

Payment options

• Cash deposit: the User may pay the product price in cash to the Service Provider’s bank account.
• Bank transfer: must be completed within 3 days to the account in the confirmation email.
• Online card payment: via a secure payment system.

 

Shipping cost:

Free – within the European Union

Individual shipping and custom fees for each non EU country.

5.6. The final amount includes all charges. Delivery is on business days between 8:00–17:00. The User must check the product’s quality and quantity without delay.

5.7. Before sending the order, the User may review or add comments.

5.8. By placing the order, the User acknowledges the payment obligation.

5.9. Input errors may be corrected anytime before finalizing the order, or even afterwards via phone/email.

5.10. An automatic confirmation email is sent. If this is not received within 48 hours, the User is released from the obligation.

5.11. The automatic confirmation is not a contract. The contract is created when the Service Provider sends a second email confirming order details and expected delivery.

5.12. Only genuine customer reviews are published.

 

6. ORDER PROCESSING AND FULFILLMENT

6.1. Orders are processed on business days during working hours. Orders placed outside these hours are processed the next business day.

6.2. General fulfillment time: 10 business days.

6.3. Under the sales contract, the Service Provider must transfer ownership; the User must pay and accept the product.

6.4–6.8.
These sections outline liability transfer, delays, the right to set a grace period, contract termination, unavailable products, and consequences if the User fails to accept the delivery (including charging storage and legal costs).

 

 

8. WARRANTY AND GUARANTEE

Defective Performance

The Service Provider performs defectively if the service does not meet the contractual or statutory quality requirements at the time of performance. The Service Provider does not perform defectively if the User knew of the defect at the time of contracting, or should have known of the defect at the time of contracting.

Any clause in a contract between a Consumer and a business that deviates from the provisions of this chapter regarding statutory warranty or guarantee to the detriment of the Consumer is null and void.

Certain statutory warranty rights apply only to Users who qualify as Consumers under the Civil Code.

A User qualifying as a business is a person acting within the scope of their profession, independent occupation, or business activity.

 

Statutory Warranty

8.1. When can the User exercise statutory warranty rights?

If the Service Provider performs defectively, the User may assert statutory warranty claims against the Service Provider under the rules of the Civil Code.

8.2. What rights does the User have under statutory warranty?

The User may choose between the following statutory warranty claims:

• Request repair or replacement, unless the chosen remedy is impossible or would impose disproportionate additional costs on the business.
• If the User does not (or cannot) request repair or replacement, they may demand a proportional price reduction or—as a last resort—withdraw from the contract.

The User may switch from one chosen statutory warranty right to another, but must bear the costs of doing so unless justified or caused by the business.

The Consumer may also request a proportional price reduction or terminate the sales contract if:

a) the business fails to carry out repair/replacement, or does so partially, or refuses to bring the goods into conformity;
b) the defect recurs despite repair attempts;
c) the defect is so severe that immediate price reduction or termination is justified;
d) the business does not undertake to make the goods conform, or circumstances clearly indicate it cannot do so within a reasonable time or without significant inconvenience to the Consumer.

If the Consumer seeks to terminate the contract due to defective performance, the business must prove that the defect is insignificant.

The Consumer may withhold the remaining unpaid part of the purchase price proportionate to the seriousness of the defect until the business fulfils its obligations.

The reasonable deadline for repair or replacement begins when the Consumer notifies the business of the defect.

The Consumer must make the goods available to the business for repair or replacement.

In Consumer–business contracts, the business must bear the cost of returning the replaced goods.
If removal of the goods is necessary due to their installation prior to the defect becoming apparent, the repair/replacement obligation includes removal and reinstallation or covering their cost.

Price reduction is proportionate if it equals the difference between the value of the goods in conforming condition and the actual value received.

Termination is exercised by a unilateral declaration addressed to the business.

If the defect only affects a specific part of the goods, the Consumer may terminate the contract only for that part, unless they cannot reasonably be expected to keep the remaining goods.

Upon termination:

a) the Consumer must return the goods at the business’s expense;
b) the business must refund the purchase price immediately upon receiving the goods or proof of return.

8.3. What deadlines apply to statutory warranty claims?

A Consumer must report the defect immediately upon discovery, but no later than two months after discovering it.
However, statutory warranty rights expire two years after performance (one year for businesses or second-hand goods). For goods with an expiry date, warranty applies until the expiry date.

For goods with digital elements:

• For continuous digital services up to 2 years, the business is liable for defects occurring or becoming recognizable within 2 years.
• For services exceeding 2 years, the business is liable for the entire service period.

8.4. Against whom can statutory warranty claims be made?

Against the Service Provider.

8.5. What other conditions apply?

Within 1 year of performance, the Consumer only needs to report the defect; no other conditions apply.
After 1 year, the Consumer must prove that the defect existed at the time of performance.

 

Product Warranty

8.6. When can the Consumer exercise product warranty rights?

For defects in a movable item, the Consumer may choose between statutory warranty or product warranty.
Product warranty allows the Consumer to request repair or replacement.

8.7. Against whom may product warranty claims be made?

Against the manufacturer or distributor (“the manufacturer”).

8.8. When is a product defective?

When it does not meet the quality requirements in force at the time it was placed on the market, or does not have the characteristics stated by the manufacturer.

8.9. Deadline

The Consumer may assert product warranty rights within two years from the product’s placement on the market.

8.10. Burden of proof

The Consumer must prove that the defect existed at the time the product was placed on the market.

8.11. When is the manufacturer exempt?

If it proves:

• the product was not produced/distributed in the course of its business;
• the defect was not recognizable given the state of science/technology at the time;
• the defect results from legislation or mandatory authority requirements.

Product warranty and statutory warranty may not be exercised simultaneously for the same defect, but a successful product warranty claim limits future statutory warranty claims to the manufacturer.

 

Guarantee– for new durable consumer goods

8.12. When may a Consumer exercise guarantee rights?

In case of defective performance, under Government Decree 151/2003, the Service Provider must provide a guarantee if the User is a Consumer.

8.13. Guarantee periods

• Price between 26 EUR– 656 EUR → 2 years
• Price above 656 EUR → 3 years

The guarantee period begins upon delivery or official installation.

The Consumer may report claims at any location of the business or at the repair service indicated on the guarantee document.

Under guarantee, the Consumer may request:

• repair or replacement, unless impossible or disproportionately costly;
• price reduction or contract termination if repair/replacement is not undertaken, cannot be completed, or no longer serves the Consumer’s interest.

Insignificant defects do not justify contract termination.

Repair deadlines

The Service Provider must attempt repair/replacement within 15 days.
If longer, they must notify the Consumer of the expected duration.

If the product is not repairable on first attempt

It must be replaced within 8 days, or the purchase price refunded.

If the product breaks down a fourth time during the guarantee period

It must be replaced within 8 days or purchase price refunded.

If repair takes longer than 30 days

After 30 days without repair, the product must be replaced or refunded within 8 days.

(Exceptions apply to vehicles, e-bikes, quads, boats, etc.)

8.14. When is the business exempt?

Only if it proves the defect occurred after performance.

8.15–8.16. No guarantee applies

• after the guarantee period (reasonable life expectancy),
• for natural wear and tear or improper use/handling.

8.17. 3-day replacement

If a defect preventing normal use occurs within 3 working days from purchase, the product must be replaced.

8.18. Additional requirements

Special conditions (e.g., periodic inspection) may be required for proper installation/maintenance, if not overly burdensome.

8.19. List of products requiring mandatory guarantee

Refer to 10/2024 (VI. 28.) IM decree.

9. PROCEDURE FOR WARRANTY CLAIMS (FOR CONSUMERS)

9.1. Contract terms may not deviate to the Consumer’s disadvantage from the rules of the NGM Decree 19/2014 on warranty administration.

9.2. The Consumer must prove the existence of the contract (invoice or receipt).

9.3. Warranty-related costs are borne by the Service Provider.

9.4–9.5. The Service Provider must prepare a written report (protocol) of the claim and provide a copy to the Consumer.

9.6. If the Service Provider cannot immediately assess the claim, it must respond within 5 working days with its position, including reasons for rejection and information on mediation bodies.

9.7–9.8. The report must include the Consumer’s details, complaint description, documents, position of the business, signatures, date, and unique reference number for phone complaints.

9.9. Written complaints must be answered within 30 days.

9.10–9.11. Written complaints must be acknowledged and all documents retained for 3 years.

9.12–9.14. In case of rejection, the Consumer must be informed of the competent authority or mediation board.

9.15. Consumer protection authority: regional government office (kormányhivatal).

Below is a professional, clear, legally accurate English translation of the entire text you provided.

11.17.

The competence of the conciliation board (békéltető testület) covers the out-of-court settlement of consumer disputes. Its task is to attempt to reach an agreement between the parties in order to resolve the dispute; if this is unsuccessful, it issues a decision to ensure the simple, quick, effective, and cost-efficient enforcement of consumer rights.
The conciliation board may also provide advice—at the request of the Consumer or the Service Provider—regarding the rights of the Consumer and the obligations of the Consumer.

In conciliation proceedings, if no agreement is reached, the panel shall decide on the merits of the case by issuing:

a) a binding decision, if
  aa) the application is well-founded and the business—through a general submission declaration as defined in Section 36/C, recorded by the conciliation board or the chamber, or indicated in its commercial communication—has declared at the start of the proceedings or by the time of the decision that it accepts the decision of the conciliation board as binding; or
  ab) the business has not made such a submission declaration, but the application is well-founded and the Consumer’s claim does not exceed HUF 200,000 either in the application or at the time the binding decision is made; or

b) a recommendation, if the application is well-founded, but the business declared at the start of the proceedings that it does not accept the board’s decision as binding, or made no declaration at all.

11.18.

In the case of cross-border consumer disputes arising from online sales or online service contracts, the conciliation board operated by the chamber designated by the minister responsible for consumer protection is competent.

11.19.

The business has a duty to cooperate in the conciliation proceedings. Within this obligation, the business must send its written response to the conciliation board within the time limit and with the content specified in the Consumer Protection Act (Fgytv.).
Except for cases related to the application of the EU Regulation 524/2013 on online dispute resolution, the business must ensure the participation—at the hearing—of a person authorized to reach a settlement. At online hearings, the business’s authorized representative must participate online.
If the Consumer requests an in-person hearing, the business’s authorized representative must participate at least online.

11.20.

If the Consumer does not turn to a conciliation board, or the procedure does not lead to a result, the Consumer may bring the dispute before a court.
The lawsuit must be initiated with a statement of claim, which must include:

• the court acting in the case;
• the names, addresses, and procedural status of the parties and their representatives;
• the right to be enforced, with the supporting facts and evidence;
• the data establishing the court’s competence and jurisdiction;
• a clear and specific request for the court’s decision.

The statement of claim must include the original or a copy of the document relied on as evidence.

12. COPYRIGHT

12.1.

As the website https://www.martiusjewelry.com qualifies as a copyrighted work, it is prohibited—without the written consent of the Service Provider—to download (reproduce), republish, otherwise use, electronically store, process, or sell any content or part of the content displayed on the website, except for legal documents, such as the Terms & Conditions and the Privacy Policy, which the User may freely download and store without restrictions.

12.2.

Any information, image, text, content element, or visual layout taken from the website or its database may only be reproduced with prior written permission and with proper reference to the website.

12.3.

The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed from them, and its online advertising spaces.

12.4.

It is prohibited to adapt or reverse engineer the content or any part of https://www.martiusjewelry.com; to create user accounts or passwords in an unfair manner; or to use any application that modifies or indexes the website or any of its parts.

12.5.

The name https://www.martiusjewelry.com is protected by copyright, and—except for citation—may be used only with the written consent of the Service Provider.

12.6.

The User acknowledges that unauthorized use will result in a contractual penalty payable to the Service Provider. The penalty amounts to HUF 60,000 per image, HUF 20,000 per word, or HUF 40,000 per day.
In the event of a copyright infringement, the Service Provider may use notarial certification, the cost of which will also be borne by the infringing user.

13. DATA PROTECTION

The website’s privacy policy is available here:
https://www.martiusjewelry.com