This document (hereinafter: GTC) contains the general terms and conditions governing the use by users of the website www.khibu.hu operated by HIKER SOLUTIONS Kft. (hereinafter: the Website) as well as the sale of products manufactured and distributed under the KHIBU brand (hereinafter: the Products), in accordance with Chapter XV (Sections 6:77–6:81) of Act V of 2013 on the Civil Code of Hungary (hereinafter: the Civil Code).
Service Provider details
HIKER SOLUTIONS Kft.
Registered seat: 1107 Budapest, Kékvirág utca 14. II. emelet 8.
Tax number: 27874972-2-42
EU VAT number: HU27874972
Company registration number: 01-09-401675
Registering Authority: Company Registry Court of the Budapest-Capital Regional Court
E-mail: info@khibu.hu
These GTC are valid from 1 December 2021 for an indefinite period, until revoked/amended.
The Service Provider may amend these GTC at any time, by publishing a notice on the Website at least 30 days prior to the effective date of the amended GTC. As of their entry into force, the amended provisions shall become effective upon the first use of the Website by the users of the Website (hereinafter: User) and/or against the purchaser of the Products (hereinafter: Customer) in respect of subsequent orders and further use of the Website. These GTC shall remain in force throughout the operation of the Website and, in the event of termination of the Website, for the duration necessary to complete any orders still being fulfilled and to enforce warranty claims. For orders placed by Customers, the GTC effective at the time the order is submitted shall apply in all cases.
I. Conditions of use of the Website
- The content of the Website is accessible to any User; no registration is required to view the content.
- The Website is protected by copyright. The Service Provider is the holder of the copyrights in the content displayed on the Website that is subject to copyright protection. The User is not entitled to use such content for their own purposes (copying, publishing, reproducing, adapting, etc.) without the prior written consent of the Service Provider.
- The Service Provider reserves all rights to every element of the Website, in particular its search engines and other internet software and applications, the khibu.hu domain name and its subdomains/subpages, as well as the Website’s online advertising surfaces.
- In using the Website, the User shall act in good faith and fairly, and shall refrain from any conduct that directly or indirectly infringes or may infringe laws and/or the rights of third parties.
- Content made available by Users during use of the Website (comments, ratings, notes, etc.) is monitored by the Service Provider, who will promptly delete any content where indications of illegality arise.
- The Service Provider excludes liability for conduct by users of the Website. The User is fully and exclusively responsible for their own conduct. In the event of suspected infringement, the Service Provider shall promptly file a report and fully cooperate with the competent authorities to uncover the infringement.
II. Conditions for purchasing the Products
The Service Provider sells Products of high-quality materials, handmade—also to individual specifications—available on the Website (including but not limited to waterproof tarps for outdoor activities, down-filled camping quilts, hammocks, and stuff sacks). In addition to Products made by the Service Provider, certain hiking accessories may also be distributed.
2. Order process
2.1. Purchases in the online store
Purchases for Products displayed in the online store on the Website (hereinafter: the Webshop) can be made exclusively electronically via the Website. Information related to the purchase is also sent electronically to the Customer. Purchasing is possible without registration as follows:
2.1.1. The Customer can place the selected Product(s) into the shopping cart by clicking the “Add to cart” button. Placing items in the cart does not create any offer-binding obligation on the Customer. By clicking the quantity indicator next to the cart icon, the Customer may view, modify, or delete the selected Products at any time.
2.1.2. After selecting the Products, the Customer may enter the data required by the system for the purchase, select the delivery and payment method, and is obliged to verify the accuracy of the entered data. If the Customer notices any incorrect data entry, they may modify it at any time prior to completing the purchase on the relevant order interface or by navigating back to the previous pages.
2.1.3. Before clicking the “Buy” button, by ticking the relevant checkbox, the Customer acknowledges having read and accepted these GTC and the privacy notice published on the Website, and considers them binding.
2.1.4. Once the data sheet has been duly checked and completed, by clicking the “Buy” button the Customer sends a Purchase Offer to the Service Provider, which results in an offer-binding obligation for the Customer for the period specified in Section II/2.1.5 of these GTC. By sending the Purchase Offer, the Customer undertakes to pay according to the chosen method of payment. The Customer may withdraw the Purchase Offer until receipt of the confirmation under Section II/2.1.5, in which case the Customer shall be released from the offer-binding obligation.
2.1.5. Upon receipt of the Purchase Offer, the Website sends an automatic notification e-mail to the Customer informing them that processing of the Purchase Offer is in progress.
2.1.6. Within 48 hours from sending the Purchase Offer, the Service Provider sends an e-mail confirmation of acceptance of the Purchase Offer. The confirmation includes the selected delivery and payment method, the name, quantity and value of the Product(s), delivery terms, the Customer’s data, and the bank details required for payment.
2.1.7. If the confirmation is not received by the Customer within the deadline, the Customer is released from the offer-binding obligation.
2.1.8. In the case of a Confirmed Purchase (hereinafter: the Purchase), following crediting of the purchase price to the Service Provider’s bank account, the Service Provider will make every reasonable effort to hand over the Product(s) for delivery within the deadline specified in the confirmation and will notify the Customer by e-mail—providing the shipment tracking number.
2.1.9. If a Product listed in the Purchase is not available, the Service Provider shall promptly notify the Customer and refund any amount paid in advance within no later than 14 days of such notice. No additional costs shall be borne by the Customer in connection with the refund.
2.2. Requesting a quote for Products not listed in the Webshop
For other Products found on the Website but not available in the Webshop, the Customer may submit a quote request via the “Contact” menu, by providing name and e-mail address and accepting these GTC and the privacy notice, as follows:
2.2.1. Within 72 hours of receiving the quote request, the Service Provider will send a Quote to the Customer to the e-mail address indicated in the request. The Quote contains its reference number, the purchase price of the Product(s), their essential characteristics, the planned time and possible method of delivery, and any delivery costs. The Service Provider is bound by the Quote for 5 business days from its communication; beyond this period, offer-binding is excluded. The date of communication is the day the Quote arrives in the Customer’s e-mail inbox; if this cannot be established, it is the day following dispatch by the Service Provider, unless the Customer credibly proves that the Quote did not arrive in their inbox.
2.2.2. The Customer orders the Product(s) by completing and signing the order form sent as an attachment to the Quote and returning it to the Service Provider. The order form counts as a valid order (hereinafter: the Order) if the Customer returns the completed order form by e-mail to the Service Provider within 5 business days from communication of the Quote. Until the confirmation e-mail of receipt of the Order arrives in the Customer’s inbox, the Customer may cancel the Order without legal consequences by e-mail, referring to the Quote and stating “I cancel the specified order”.
2.2.3. The Order is deemed received by the Service Provider when it arrives in the Service Provider’s e-mail inbox; if this cannot be established, then on the day following dispatch, unless the Service Provider credibly proves that the Order did not arrive in its inbox.
2.2.4. Within 48 hours of receiving a valid Order, the Service Provider sends a confirmation e-mail to the Customer.
2.2.5. If the confirmation is not received by the Customer within 48 hours from sending the Order, the Customer is released from the offer-binding obligation and is not obliged to purchase the Product.
3. Formation of the contract
3.1. A contract concluded via a Purchase in the Webshop or via confirmation of an Order (hereinafter: the Contract) qualifies as a distance contract and is governed by the Civil Code and by Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.
3.2. A Purchase submitted by the Customer through the Webshop constitutes an offer which the Service Provider accepts by sending a confirmation e-mail within 48 hours of receipt of the Purchase Offer, while in the case under Section II/2.2, the valid Order sent by the Customer constitutes acceptance of the previously sent Quote, the acknowledgement (acceptance) of which the Service Provider confirms by sending a confirmation e-mail within 48 hours of receipt of the valid Order. The confirmation e-mails referred to in this clause are hereinafter collectively: the Confirmation.
3.3. In the Confirmation, the Service Provider informs the Customer of the formation of the Contract, the contract number, the method of payment and delivery, and the exact expected delivery time. The Customer must check the content of the Confirmation and notify the Service Provider within 1 business day if any discrepancy is detected compared to the Purchase Offer or Order.
3.4. In both cases under Section 3.2, the Contract is formed upon receipt of the Service Provider’s Confirmation accepting the Purchase Offer or the Order, and terminates upon proper performance of the Contract. The Confirmation is deemed received when it arrives in the Customer’s e-mail inbox, or, if this cannot be established, on the day following dispatch, unless the Customer credibly proves that the Confirmation did not arrive in their inbox.
3.5. Given the unique nature of the Products offered, the Service Provider reserves the right to refuse the Customer’s Order/Purchase in whole or in part (e.g., if a component of the ordered Product is not procurable and no substitute is available).
3.6. The Service Provider shall promptly notify the Customer by e-mail of any refusal of the Order.
3.8. The Service Provider informs the Customer that a Contract concluded by a valid Order following a Quote sent by e-mail qualifies as a written contract but is not filed by the Service Provider and is therefore not accessible afterwards. Contracts concluded via the Webshop are internet-based, unsigned contracts, the content of which is filed/archived and can be accessed and retrieved later. The filing number is the purchase ID in each case.
3.9. In both cases under Section 3.2, title to the Product remains expressly reserved by the Service Provider until payment of the full purchase price indicated in the Confirmation.
4. Payment terms
4.1. Prices
Prices in the Webshop are shown in Hungarian forints (HUF) and include VAT. The Service Provider may change prices in the Webshop; changes become effective upon publication on the Website and do not affect Purchases already submitted by the Customer before entry into force. Ancillary costs (e.g., shipping fees) are shown separately on the interface before submission of the Purchase.
If, despite due care, an erroneous price appears in the Webshop—especially a clearly and recognizably incorrect price significantly deviating from the well-known, generally accepted or estimated price of the Product, or a price of “0” HUF or “1” HUF due to a system error—the Service Provider is not obliged to deliver at the erroneous price and may offer performance at the correct price, in light of which the Customer may withdraw their intent to purchase.
4.2. Cash payment
In case of cash payment, the Customer pays the purchase price upon personal collection of the Products, against receipt/invoice.
4.3. Advance bank transfer / cash deposit at bank
In case of advance payment, the Customer pays the purchase price and delivery costs before the Products are handed over for delivery, by bank transfer or cash deposit to the bank account indicated in the Confirmation, based on the pro forma invoice attached to the Confirmation. For transfers/deposits, the Contract number must always be indicated in the payment reference field. The Contract number and all information necessary for the transfer are contained in the Confirmation.
4.3. The Service Provider issues a receipt/invoice for every sale and provides it to the Customer no later than upon collection of the Products. If a tax invoice suitable for accounting purposes is required, the Customer can indicate this during the Order or Purchase process.
5. Delivery/collection conditions
5.1. The Service Provider makes the Product available to the Customer within 3–15 business days from the Confirmation (GTC 3.2.), via one of the methods selected by the Customer.
5.2. Home delivery: The Service Provider delivers the Product using a courier service (hereinafter: the Courier) to the delivery address specified in the Confirmation, on business days between 8:00–17:00.
5.2.1. By accepting these GTC, the Customer consents to the Service Provider transferring the Customer’s data (name, delivery address, phone number, e-mail) and other shipment-related data (e.g., delivery notes, cash-on-delivery amount) to the Courier for the purpose of delivery.
5.2.3. The Customer must ensure the delivery address is safely accessible and that the Customer or their authorised representative is available at the address to receive the Product.
5.2.4. If the first delivery attempt fails, the Courier will attempt delivery again. In this case, the delivery deadline under 5.1 is automatically extended by the time needed for the repeated delivery attempt.
5.2.5. If delivery fails within the specified deadline for reasons attributable to the Customer and the Courier returns the Product to the Service Provider, the Customer shall promptly reimburse the Service Provider’s additional costs upon written request.
5.2.6. The Customer acknowledges that upon delivery the Courier may request proof of identity and/or authorisation of the recipient. If the recipient fails to comply, the Courier may refuse handover and return the Product to the Service Provider at the Customer’s expense. Costs of re-delivery shall be borne by the Customer.
5.3. Personal collection: The Customer may collect the Product at the Service Provider’s registered seat.
5.3.1. The Service Provider notifies the Customer by e-mail when collection is possible.
5.3.2. The Customer may collect the Product within 30 days from the collection notice, during opening hours of the selected location, which the Customer must check in advance.
5.3.3. If the Customer fails to collect within the above deadline, the Service Provider may sell the Product to another party and the Customer shall promptly reimburse any additional costs incurred by the Service Provider upon written request.
5.3.3. The Customer acknowledges that upon collection the Service Provider (or its agent) may request proof of identity and/or authorisation. If the recipient fails to comply, the Service Provider may refuse handover. Costs of re-delivery shall be borne by the Customer.
5.4. Upon (courier or personal) delivery, the Customer must examine the package and check the Products item by item.
5.5. In the case of complete and undamaged delivery, the Customer shall sign a delivery receipt for the Courier or the Service Provider; otherwise the Product cannot be left with the Customer, and costs of re-delivery shall be borne by the Customer upon the Service Provider’s written request.
5.6. If the package delivered by the Courier or collected in person is damaged, incomplete, or defective, the Customer must draw up a detailed report with the Courier and/or the Service Provider covering all facts and circumstances, and indicate any claim for damages therein.
5.7. If the Customer does not accept the Product(s) purchased/ordered, prepared and offered/delivered by the Service Provider, yet raises no quantitative or qualitative complaint and does not withdraw from the contract under Section II/6, the Customer shall promptly reimburse the Service Provider’s costs related to procurement and storage of the Product(s).
6. Consumer right of withdrawal
6.1. A natural person Customer qualifies as a Consumer if acting outside their profession, self-employment or business activity during contract conclusion.
6.2. Under Government Decree 45/2014 (II.26.) on contracts between consumers and businesses, the Consumer has the right to withdraw from the contract without giving any reason within fourteen (14) days from the date on which the Consumer or a third party other than the carrier and indicated by the Consumer takes possession of:
a) the product,
b) in case of multiple products delivered at different times, the last product,
c) in case of a product consisting of multiple lots or pieces, the last lot or piece,
d) in case of regular delivery of products over a defined period, the first product.
6.3. The Consumer may also exercise the right of withdrawal between the date of contract conclusion and the date of receipt of the Product. (After sending the Purchase Offer/Order and until the Contract is formed, the Customer may cancel the Order under Sections II/2.1.4 and II/2.2.2.)
6.4. The Consumer may exercise the right of withdrawal by:
a) using the model withdrawal statement in Annex 1 of these GTC; or
b) making an explicit statement of withdrawal.
6.5. If the Consumer wishes to exercise the right of withdrawal, they must send the statement/model withdrawal form (by registered post or e-mail) to any contact address of the Service Provider indicated in these GTC.
6.6. The withdrawal deadline is met if the Consumer sends the withdrawal statement before the 14-day deadline expires (e-mail sent or letter posted as registered mail).
6.7. The Consumer bears the burden of proof that the right of withdrawal was exercised in accordance with this Section.
6.8. The Service Provider shall promptly acknowledge by e-mail receipt of the Consumer’s withdrawal statement.
6.9. In case of withdrawal, the Service Provider shall reimburse the total amount paid by the Consumer—including the full purchase price and any costs incurred in connection with performance—without delay and within 14 days of being informed of the withdrawal, using the same method of payment as used by the Consumer. With the Consumer’s express consent, the Service Provider may use a different method of reimbursement, at no additional cost to the Consumer.
6.10. In case of withdrawal, the Consumer must return the Product without delay, but no later than 14 days from notifying withdrawal, or hand it over to the Service Provider or a person authorised by the Service Provider to receive the Product. The return is deemed timely if the Product is sent before the deadline.
6.11. The Consumer shall bear only the direct cost of returning the Product. If the Product is not returned in its original packaging, the Consumer must pack it appropriately to avoid damage. The Service Provider does not accept packages returned cash on delivery.
6.12. Upon arrival of the package, the Service Provider records the unpacking and inspection of the returned Product by photo/video to avoid later misunderstandings.
6.13. The Service Provider may withhold reimbursement of the purchase price and delivery costs until the Consumer has returned the Product or has provided credible proof of dispatch—whichever is earlier.
6.14. The Consumer is liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product. This means the Consumer may try the Products; however, if the Product shows signs of use beyond this and is not returned in a like-new condition, the resulting loss shall be borne by the Consumer.
6.15. The right of withdrawal does not apply to non-prefabricated Products made on the basis of the Consumer’s instructions or at their express request, or to Products clearly customised to the Consumer’s person.
6.16. If the Service Provider performs with a substitute Product instead of the contractual Product, in case of withdrawal the costs of return shall be borne by the Service Provider.
III. Defective performance, implied warranty, product warranty
The Service Provider performs defectively if, at the time of performance, the Product(s) do not comply with the quality requirements laid down in the contract or by law. The Service Provider does not perform defectively if the Customer knew, or should have known, of the defect at the time of contracting.
The Service Provider provides care instructions with all Products it manufactures, and hands these over to the Customer upon delivery. The Service Provider shall be exempt from all liability for defective performance if the defect results from the Customer’s failure to follow the care instructions.
In consumer contracts it is presumed—unless proved otherwise—that a defect recognised by the Consumer within six months of performance already existed at the time of performance, unless such presumption is incompatible with the nature of the goods or the defect.
Thus, during the first six months in a consumer contract, the Service Provider must prove that the Product(s) complied with the contractual or statutory quality requirements at the time of performance. After six months, under the general rules, the Consumer must prove that the Product was defective.
In case of a defect, the Consumer may enforce implied warranty or product warranty claims, at their choice.
1. Implied warranty
1.1. In case of defective performance by the Service Provider, the Customer may assert implied warranty claims against the Service Provider. Under implied warranty, the Customer may choose to:
a) request repair or replacement, unless performance of the chosen remedy is impossible or would result in disproportionate additional costs for the Service Provider compared to another remedy, taking into account the value of the Product(s) in a faultless condition, the severity of the breach and the inconvenience caused to the Customer; or
b) request a proportionate reduction of the price, have the defect repaired or have it repaired by another party at the Service Provider’s expense, or withdraw from the Contract if the Service Provider has not undertaken repair or replacement, is unable to perform it properly, or if the Customer’s interest in repair or replacement has ceased. Withdrawal is not possible in the case of a minor defect.
1.2. Repair or replacement must be carried out within an appropriate period, taking into account the characteristics of the Product(s) and their intended use as expected by the Customer, and without significant inconvenience to the Customer.
1.3. The Customer may switch from the chosen implied warranty right to another. The Customer shall bear the cost of the switch unless the Service Provider gave cause for it or the switch was otherwise justified.
1.4. The Customer must notify the Service Provider of the defect without delay after its discovery. In consumer contracts, defects notified within two months of discovery shall be deemed notified without delay.
1.5. The Customer is liable for any damage resulting from late notification.
1.6. The implied warranty period is one year from performance. In consumer contracts, the implied warranty period is two years from performance.
1.7. Periods during which the Customer cannot use the Product properly due to repair are not counted towards the limitation period. For the part of the Product affected by repair or replacement, the limitation period restarts. This also applies if a new defect arises as a result of the repair.
1.8. Within six months from performance, to enforce implied warranty the Customer must only notify the defect and prove purchase from the Service Provider (by presenting the invoice or a copy). In such cases, the Service Provider is exempt only if it proves that the defect arose after delivery to the Customer. After six months, the Customer must prove that the defect existed at the time of performance.
2. Product warranty
2.1. In case of a defect in a Product sold by the Service Provider to a Consumer under a consumer contract, the Consumer may require the Service Provider to repair the defect or—if repair cannot be performed within a reasonable time without prejudice to the Consumer’s interests—replace the Product. A Product is defective if it does not comply with the quality requirements in force at the time it was placed on the market by the Service Provider (as manufacturer or distributor) or by the manufacturer of the Product, or if it lacks the characteristics listed in the description provided by the Service Provider or manufacturer.
2.2. The Consumer must notify defects without delay after discovery—regarding Products manufactured by the Service Provider, to the Service Provider; regarding other Products distributed by the Service Provider, to either the manufacturer or the Service Provider. Defects notified within two months of discovery are deemed notified without delay. The Consumer is liable for damages resulting from late notification.
2.3. The Service Provider (as manufacturer or distributor) is exempt from product warranty if it proves that:
a) it did not manufacture or distribute the Product in the course of its business or independent professional activity;
b) the defect was not recognisable at the time the Product was placed on the market given the state of science and technology; or
c) the defect was caused by the application of a statutory or mandatory official requirement.
2.4. To be exempt, it is sufficient for the Service Provider to prove one of the above grounds.
2.5. In the case of product warranty, the Consumer must prove the defect. The Consumer may enforce product warranty claims within two years from the Product’s placement on the market by the Service Provider (as manufacturer or distributor). After this period, the right is lost.
2.6. The Consumer may enforce product warranty rights, at their choice, against the manufacturer or the distributor (the Service Provider), but not against both simultaneously. If the product warranty claim is successfully enforced, implied warranty claims may be asserted for the replaced product or repaired part.
3. Guarantee (statutory warranty)
The Service Provider does not sell Products that fall under the scope of Government Decree 151/2003 (IX.22.) on mandatory guarantees for certain durable consumer goods.
IV. Complaint handling
The Customer may submit complaints regarding the Products or the Service Provider’s activities/omissions orally or in writing via the following contacts:
Mailing address: HIKER SOLUTIONS Kft., 1107 Budapest, Kékvirág utca 14. II. emelet 8.
Phone: +36 70 397 1803 (business days 10:00–16:00)
E-mail: info@khibu.hu
The Service Provider shall examine and, if possible, remedy immediately any oral complaint. If immediate remedy is not possible due to the nature of the complaint, or if the Customer disagrees with the handling, the Service Provider shall draw up a record of the complaint. A copy of the record will be provided to the Customer immediately in case of a complaint made in person. For oral complaints made by phone or e-mail, a copy of the record will be sent to the User at the same time as the substantive response at the latest. In all other cases, the Service Provider proceeds according to the rules for written complaints. Complaints recorded by phone or e-mail are assigned a unique identifier to facilitate later retrieval. The Service Provider shall provide a substantive response to written complaints within 30 days and arrange for its dispatch (by post or e-mail). In case of rejection, the Service Provider informs the User of the reasons. The record is kept for 5 years.
V. Other means of legal redress
If a consumer dispute between the Service Provider and the Customer is not resolved through negotiation/consultation with the Service Provider, the Customer qualifying as a Consumer may turn to the conciliation boards competent according to their domicile or place of residence, as well as the board competent according to the Service Provider’s seat, and initiate proceedings.
Contact details of conciliation boards are available at:
http://www.bekeltetes.hu/index.php?id=testuletek
Conciliation board competent for the Service Provider’s seat:
Budapest Conciliation Board operating alongside the Budapest Chamber of Commerce and Industry
Address: 1016 Budapest, Krisztina krt. 99.
Phone: 06-1-488-2131
Fax: 06-1-488-2186
E-mail: bekelteto.testulet@bkik.hu
Further legal remedies available to the Customer include:
- Filing a complaint with consumer protection authorities;
- Initiating court proceedings.
VI. Miscellaneous provisions
The Service Provider reserves the right to make any changes or corrections to the Website at any time without prior notice.
For Products only distributed (not manufactured) by the Service Provider, the Service Provider assumes no liability for changes to technical specifications made by the manufacturer or for reasons beyond the Service Provider’s control without prior notice.
The Service Provider may announce discounts and promotions at any time. If a discount amount is subject to a minimum purchase value, and the Customer later exercises the right of withdrawal so that the total value of purchases no longer reaches the threshold, the discount shall not apply; prices of other items purchased at a discounted price will be recalculated at the original price, and in such case the Service Provider will refund the price of the withdrawn product reduced by the difference.
If there is any conflict between these GTC and the provisions of the contract formed by the Service Provider’s confirmation of the Customer’s order, the latter shall prevail for the conflicting part. Otherwise, the provisions of both the GTC and the confirmed contract shall apply together.
Annex 1
Model Withdrawal/Cancellation Form
(complete and return only if you wish to withdraw from/cancel the contract)
Addressee: HIKER SOLUTIONS Kft., 1107 Budapest, Kékvirág utca 14. II. emelet 8.; e-mail: info@khibu.hu
I/We, the undersigned, hereby exercise my/our right of withdrawal/cancellation in respect of the contract for the sale of the following product(s) or the provision of the following service (name/description/item no., etc.):
Date of contract / date of receipt:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for paper-based statements):
Date: