GENERAL TERMS AND CONDITIONS (GCF)
Danube LKW-Store Kft.
1. Service provider details
Name: LKW Store Kft. (hereinafter referred to as “Service Provider”)
Head office: Hungary, 1107 Budapest, Fertő utca 8.
Company registration number: 01-09-304509
Tax number: 13915272-2-42
Represented by Péter János Zsámbók, Managing Director
Court of registration: the Commercial Court of the Metropolitan Court of Budapest
Membership of the Chamber of Commerce and Industry of Budapest
Chamber registration number: BU13915272
Website: www.lkwworld.com
Phone number: +36-70-433-8052
Email contact: inspection@lkwworld.com
Customer service: working days 8.30-16.00
Rackforest Zrt. (head office: 1132 Budapest, Victor Hugo utca 11. 5. floor. B05001. door, company registration number: 01-10-142004, tax number: 32056842-2-41, email address: info@rackforest.hu)
- General provisions, scope
These General Terms and Conditions (hereinafter referred to as “GTC”) contain the terms and conditions for orders for the use of the “Truck Inspection – Safe Control” service (hereinafter referred to as “Service”) offered by the Service Provider, as well as the rights and obligations of the persons ordering the Service (hereinafter referred to as “Customer”) and the Service Provider, hereinafter referred to collectively as “Parties”.
These GTC apply to all Services ordered by the Customer through the website www.lkwworld.com (hereinafter referred to as the “Website”).
These GTC also contain the information and performance rules required by law for distance contracts, the conditions for the conclusion of the contract, the rules governing the conclusion of the contract, the time limits for performance, liability rules and information on the rights of withdrawal.
By displaying the GTC on the Website, the Service Provider enables and makes available to the Customer the necessary information required by law when visiting the Website and before concluding the contract.
By placing an order, the Customer accepts and acknowledges the provisions of these GTC.
The Service Provider reserves the right to modify the GTC at any time without prior notice to the Customer. Such amendments shall not affect contracts in progress, and shall only affect contracts which enter into force after their publication. The Service Provider shall, however, place the current version of the GTC in force on the Website, so that the current version of the GTC is available and can be consulted by the Customer when he visits the Website.
In matters not covered by these GTC, the applicable legal provisions and other mandatory standards shall prevail and apply.
- Copyright
The trademarks, logos, content and other materials displayed on the Website are protected by copyright. No third party may use, copy, distribute or publish the contents of the Website in any way or for any purpose without the express prior written consent of the owner. You may not create any link to any other website from the Website without prior written consent. Unlawful use of registered trademarks and copyrighted works may result in legal action.
- Responsibility
The Service Provider shall not be liable for any damage, loss or expense arising from the use of the Website or from its unavailability at any time, for any reason, for any period. Nor shall it be liable for any change in the data due to any unauthorised person, delay in the transmission of information, computer virus, line or system failure. The Service Provider reserves the right to modify the contents of the Website and to remove their availability. Furthermore, the Service Provider shall not be liable for any material created, transmitted or published by third parties that is linked or referred to the Website.
- The legislation on which the contract is based
- Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on combating unjustified territorial restrictions of content and other forms of discrimination based on the nationality, residence or domicile of the buyer in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC
- Act CXIX of 1995 on the Processing of Name and Address Data for Research and Direct Marketing Purposes (DM Act)
- Act CLV of 1997 on Consumer Protection (Fgytv.)
- Act LXXVI of 1999 on Copyright
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (Eker tv.)
- Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (Fttv.)
- Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising (Act XLVIII of 2008)
- Act V of 2013 on the Civil Code (Civil Code)
- Act CXXX of 2016 on the Code of Civil Procedure (Pp.)
- Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses
- Concepts
- General contractual term: a general contractual term is a contractual term which is unilaterally agreed in advance by the user for the purpose of concluding several contracts, without the involvement of the other party, and which has not been individually negotiated by the parties.
- Parties: the Service Provider and the Customer jointly and severally
- Consumer: according to the Civil Code. natural person acting outside the scope of his/her profession, self-employed occupation or business activity as defined in point 3 of paragraph 1 of Article 8:1
- Consumer contract: a contract concluded between a consumer and a person who concludes the contract in the course of his/her economic or professional activity.
- Customer: any natural person, legal entity or unincorporated business entity
- Contract: the contract of engagement between the Service Provider and the Customer resulting from the use of the Website
- Service fee: the consideration payable for the service
- Service activity: any economic activity conducted independently and commercially, on a regular basis, for profit and at an economic risk, other than production and the exercise of public authority
- Service provider: an undertaking providing a service activity
- Distance contract: a contract concluded without the simultaneous physical presence of the Parties in the context of a distance sales system organised for the supply of goods or services under the contract, where the Parties use a means of distance communication only to conclude the contract
- Device for remote communication: a device that enables the parties to make a contractual statement in their absence for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in the press with order forms, catalogues, telephones, faxes and Internet access devices
- Business: a person acting in the course of his or her profession, self-employment or business
- Language of the contract, form of the contract
The language of the contract is Hungarian.
Contracts covered by these GTC are concluded electronically between absent Parties, are not considered as written contracts and are not registered by the Service Provider.
- Prices
- Prices shown on the Website
Prices are in euro, net prices.
The Service Provider reserves the right to change the prices. The modification of prices shall not affect contracts already concluded. In the event of an order for a Service with an incorrectly indicated price, the Service Provider shall act in accordance with the terms and conditions set out in the “Procedure for incorrect prices” section of the GTC.
The Service Provider will publish the change of the Service fee on the Website, and the price change will enter into force at the same time as this information is published.
- Incorrect price
In the case of incorrect price indication (e.g. price of 0 HUF, wrongly calculated discount in case of discounted price, etc.), the Service Provider offers the possibility of ordering the Service at the real price. The Customer shall be entitled to decide whether to order the Service at the real price or to cancel the order, in which case the Customer shall not be subject to any adverse legal consequences.
- Description of the Service, ordering process
- Description and features of the Service
The Service Provider offers, through the Website, services for the on-site inspection of trucks.
The on-site inspection will cover everyhing inlcuded the demo Safe Control Truck Inspection, find here.
The Service Provider undertakes to carry out on-site inspections in the following countries:
- Germany
- Netherlands
- Belgium
- Luxembourg
- Austria
- Switzerland
- Poland
- Czech Republic
- Slovakia
- Slovenia
- Hungary
The service provider undertakes the inspection of lorries over 7.5 tonnes gross vehicle weight.
The Service Provider will personally inspect the truck selected by the Customer at the specified location.
The Service Provider shall prepare a written, photographic and video documentation of the on-site inspection, which shall be sent to the Customer’s email address provided at the time of the order.
The Service is available in the following plans:
- On-site inspection within 24 hours
- On-site inspection within 48 hours
- On-site inspection within 72 hours
The Service Provider informs the Customer that different opening hours apply to shops, including car dealerships, in different countries, and that the above delivery times will therefore be adjusted accordingly.
The fee for the Service is based on the chosen delivery date. The Service Provider shall provide information on the Service fee on the Website under the relevant service package.
The Service fee is for the on-site inspection of 1 lorry.
An on-site inspection may be requested by the customer for several lorries. The Service Provider requests that if the Customer wishes to request an on-site inspection for 3 or more lorries, he should contact the Service Provider at inspection@lkwworld.com to request an individual offer.
- Ordering the Service
The Customer shall contact the Service Provider via the Website in the event of the Customer’s intention to purchase a truck selected by the Customer on a vehicle search website .
In order to obtain the information necessary for the inspection to be carried out by the Service Provider prior to placing the order, the Customer is requested to provide the Service Provider with the details of the selected truck via the form on the Website.
Upon receipt of the data, the Service Provider will contact the dealer offering for sale the truck to be purchased by the Customer and, if there are no obstacles to the on-site inspection, the Service Provider will send an e-mail to the Customer informing him/her of this and the expected time of the inspection and requesting him/her to place his/her order via the Website.
The Customer may initiate the order on the Website via the dedicated ordering interface.
After providing the necessary information for the order, the Customer can pay the Service fee immediately by online payment by credit card. If the Customer does not pay the Service fee, the Service Provider will cancel the order.
- Order processing, contract creation and contract performance
The Customer may place an order via the Website at any time.
The contract is concluded by electronic means, whereby the Customer orders the Service and pays the Service fee.
By submitting an order, the Customer declares that he has read and accepts the provisions of these GTC.
The Service Provider will send the Customer an electronic confirmation of receipt of the order.
After the order has been sent and confirmed by the Service Provider, the Service Provider’s representative will personally travel to the location of the truck selected by the Customer and carry out the on-site inspection and control.
If the Service is interrupted for any reason (e.g. during holidays), the Service Provider will inform the Customer.
Once the on-site inspection has been completed, the Service Provider will email you a link to the digital version of the inspection results. By clicking on the link, the customer can view the full documentation, including the video of the inspection.
The Service Provider draws the Customer’s attention to the fact that the content sent electronically may sometimes arrive in the “Spam” folder of the mail account, therefore, if the Customer does not find the e-mail in the “Inbox” folder, the Service Provider recommends checking the “Spam” folder as well.
If the email containing the results of the on-site inspection does not arrive within the deadline agreed and indicated by the Service Provider, and it is not in the “Spam” folder, the Service Provider requests that the Customer contact the Service Provider at inspection@lkwworld.com in order to solve the technical problem as soon as possible.
- Correcting data entry errors
The Customer has the possibility to correct or modify the data entered by him/her at any time during the order process, before the order is finalised. It is important for the Customer to always ensure that the data is accurate, as the data provided by the Customer is the basis for invoicing and for sending the results of the on-site inspection.
The Service Provider expressly draws the Customer’s attention to the fact that the incorrectly provided email address or the fullness of the storage space belonging to the mailbox may result in the non-delivery of the confirmation and may prevent the conclusion of the contract, in which case the Service Provider shall not be liable.
If the Customer discovers an error in the data provided after the order has been finalised, it is necessary to initiate an amendment to the order as soon as possible. The Customer may notify the Service Provider of the amendment of an incorrect order by sending an e-mail to the e-mail address provided at the time of ordering or by telephone.
- Payment method and sending an invoice
Payment method:
The customer can make the payment via PayPal’s online payment system.
More information about the platform can be found here: https://www.paypal.com/hu/home
Sending an invoice:
The electronic invoice for the order is issued by the Service Provider through the invoice.hu system and sent electronically to the Customer at the email address provided by the Customer. The Customer shall ensure that the invoice can be delivered electronically. If the Customer’s e-mail address changes, the Customer shall notify the Service Provider by telephone or e-mail.
- Failure of service
Despite the Service Provider’s best efforts, the on-site inspection may be hindered or prevented for reasons beyond the Service Provider’s control.
The reasons for failure may include, but are not limited to:
- The truck was sold by the seller/dealer after contact and agreement.
- The seller/trader does not appear at the time or place of the inspection.
- The lorry is not on the spot (e.g. because it is in a plant, in another country or in another location) and the seller/dealer has not given prior notice.
- Partial inspection possible: the seller/dealer is not on site, the yard is open but the vehicle cannot be fully inspected due to lack of keys or is parked in a tight spot.
- Partial inspection possible: the seller/dealer is present but does not allow you to tilt the cab or test the body.
- A partial inspection is possible because the seller/trader does not allow a thorough inspection.
- The inspection is not possible at all, because the seller/dealer does not allow the inspection despite prior consultation.
- Due to extreme weather conditions, screening is not possible.
In such cases, the Service Provider will charge the Customer a fee of EUR 279, i.e. the difference between the amount of the service fee paid and EUR 279 will be refunded to the Customer. The Service Provider shall document the arrival at the site of the on-site inspection and the circumstances leading to the failure on the spot and shall hand it over to the Customer, supported by photographic evidence.
In the event that the on-site inspection is interrupted or fails for any reason in the interest of the Service Provider, the Service Provider shall offer to carry out a new inspection for 50% of the original price, or if in such a case the Customer no longer requires the service, the Service Provider shall refund the fee paid to the Customer.
- Cancellation, withdrawal
In the case of off-premises and distance contracts, the consumer has the right to withdraw from the contract within 14 days without giving any reason, in accordance with Article 20 of Government Decree 45/2014 (26.II.2014).
Consumer: according to the Civil Code. natural person acting outside the scope of his/her profession, self-employed occupation or business activity as defined in Section 8:1, paragraph 1, point 3.
Government Decree 45/2014 (26.II.26.) also defines the cases in which the Consumer may not exercise his right of withdrawal.
The Consumer does not have the right of withdrawal in the case of a contract for the provision of a service after the service has been fully performed, but if the contract imposes a payment obligation on the Consumer, only if performance has begun with the Consumer’s express prior consent and the Consumer’s acknowledgement that he will lose his right of withdrawal once the undertaking has fully performed the contract.
- Complaints handling, enforcement, dispute resolution
- Written complaint
The Customer may notify the Service Provider of any complaint regarding the conduct, activity or omission of the Service Provider or of any person acting in the Service Provider’s interest or for the Service Provider’s benefit, in writing, by electronic mail, to one of the following contact details:
Website: www.lkwworld.com
Email contact: support@lkwworld.com
The Service Provider is obliged to reply in writing to the written complaint within 30 days of receipt and to arrange for its communication. The Service Provider shall state the reasons for its decision to reject the complaint.
If the complaint is rejected, the Service Provider shall inform the Consumer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the headquarters, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Consumer resides or is staying. The information shall also indicate whether the Service Provider will use the conciliation procedure to settle the consumer dispute.
If any consumer dispute between the Service Provider and the Consumer is not resolved during the negotiations, the Consumer has the following enforcement options.
- Consumer protection procedure
Consumers can contact the consumer protection authority for any consumer protection problem. The consumer protection authority shall act upon request or ex officio to investigate the Service Provider’s market conduct from a consumer protection point of view. However, the consumer’s individual case will be resolved by the conciliation body, i.e. the consumer protection authority will refer the applicant’s case to the conciliation body.
The consumer protection authority is the government agency. The contact details of the consumer protection authority can be found here: https://www.kormanyhivatal.hu/hu
- Court proceedings
Based on the provisions of the Civil Code and the Civil Code, the User is entitled to enforce his/her claims arising from consumer disputes in court.
- Conciliation Body
If the Consumer has a complaint about a purchase or the use of a service and cannot settle it with the Service Provider, he/she may apply to the conciliation body, which has a fast, free and simple procedure. The conciliation body will try to reach an agreement between the Consumer and the Service Provider, failing which it will decide on the matter. It is important to note that the Consumer may only refer to the conciliation body in relation to the performance of his contract, i.e. his individual dispute, and not in relation to other matters falling within the competence of the consumer protection authority (e.g. misrepresentation, price indication, etc.), in which case the conciliation body will refer the matter to the consumer protection authority.
The conciliation body is an independent body run by the county (capital) chambers of commerce and industry. It has the power to settle consumer disputes out of court. The service provider has a duty of cooperation, which means that the service provider is obliged to submit a reply to the conciliation body’s hearing and the company’s representative must attend the hearing, otherwise the consumer protection authority will impose a consumer protection fine.
The obligation for the company to appear in person does not apply if it does not have its registered office, place of business or branch in the county of the conciliation body conducting the procedure. In this case, the Service Provider’s obligation to cooperate shall be limited to offering the possibility of a written settlement in accordance with the Consumer’s request.
The initiation of the conciliation procedure is subject to the condition that the Consumer tries to settle the complaint directly with the Service Provider before initiating the procedure. If the direct settlement fails, an application may be submitted to the conciliation body.
Legal remedy, possibility to appeal against the decision of the Conciliation Board:
According to the provisions of the Fgytv., the decision can only be challenged in court if the acting council violated a procedural rule, and the Service Provider can request the court to annul the recommendation in case of a violation of the law.
The decision of the conciliation body does not affect the Consumer’s right to pursue his claim in court. Therefore, recourse to the courts is possible even after the conciliation procedure has been completed.
Contact details for each of the regional Conciliation Boards:
Baranya County Conciliation Board Address: 7625 Pécs, Majorossy Imre utca 36. Phone: +36-72-507-154 Email: info@baranyabekeltetes.hu Website: www.baranyabekeltetes.hu | Jász-Nagykun-Szolnok County Arbitration Board Address: 5000 Szolnok, Verseghy park 8. Phone: +36-20-373-2570 Email: bekeltetotestulet@iparkamaraszolnok.hu Website: www.jaszbekeltetes.hu |
Bács-Kiskun County Arbitration Board Address: 6000 Kecskemét, Árpád krt. 4. Phone: +36-76-501-525, +36-76-501-532 Email: bekeltetes@bacsbekeltetes.hu Website: www.bacsbekeltetes.hu | Komárom-Esztergom County Conciliation Board Address: 2800 Tatabánya, Fő tér 36. Telephone: 06-34-513-010 Email: bekeltetes@kemkik.hu Website: www.kem-bekeltetes.hu |
Békés Vármegyei Arbitration Board Address: 5600 Békéscsaba, Penza ltp. 5. Telephone: +36-66-324-976 Email: bekeltetes@bmkik.hu Website: www.bmkik.hu | Nógrád County Arbitration Board Address: 3100 Salgótarján, Mártírok útja 4. fsz. 14. Phone: +36-32-520-860 Email: nkik@nkik.hu Website: www.nkik.hu |
Borsod-Abaúj-Zemplén County Arbitration Board Address: 3525 Miskolc, Szentpáli utca 1. Phone: +36-46-501-090, +36-46-501-871 Email: bekeltetes@bokik.hu Website: www.bekeltetes.borsodmegye.hu | Pest County Conciliation Board Address: 1055 Budapest, Bálint Balassi Street 25 IV/2 Phone: +36-1-792-7881 Email: pmbekelteto@pmkik.hu Website: www.pestmegyeibekelteto.hu |
Budapest Conciliation Board Address: 1016 Budapest, Krisztina krt. 99. Phone: +36-1-488-2131 Email: bekelteto.testulet@bkik.hu Website: www.bekeltet.bkik.hu | Somogy County Conciliation Board Address: 7400 Kaposvár, Anna utca 6. Phone: +36-82-501-000, +36-82-501-026 Email: skik@skik.hu Website: www.skik.hu |
Csongrád-Csanád County Conciliation Board Address: 6721 Szeged, Párizsi krt. 8-12. Phone: +36-62-554-250/118 Email: bekelteto.testulet@csmkik.hu Website: www.bekeltetes-csongrad.hu | Szabolcs-Szatmár-Bereg County Arbitration Board Address: 4400 Nyíregyháza, Széchenyi utca 2. Phone: +36-42-420-180 Email: bekelteto@szabkam.hu Website: www.bekeltetes-szabolcs.hu |
Fejér County Conciliation Board Address: 8000 Székesfehérvár, Hosszúsétatér 4-6. Phone: +36-22-510-310 Email: bekeltetes@fmkik.hu Website: www.bekeltetesfejer.hu | Tolna County Conciliation Board Address: 7100 Szekszárd, Arany János utca 23-25. Phone: +36-74-411-661 Email: kamara@tmkik.hu Website: www.tmkik.hu |
Győr-Moson-Sopron County Arbitration Board Address: 9021 Győr, Szent István út 10/a Phone: 06-96-520-217 Email: bekelteto.testulet@gymsmkik.hu Website: www.bekeltetesgyor.hu | Vas Várm County Conciliation Board Address: 9700 Szombathely, Rákóczi Ferenc utca 23. Phone: +36-94-312-356, +36-94-506-645 Email: pergel.bea@vmkik.hu Website: www.vasibekelteto.hu |
Hajdú-Bihar County Arbitration Board Address: 4025 Debrecen, Vörösmarty utca 13-15. Phone: +36-52-500-710, +36-52-500-745 Email: bekelteto@hbkik.hu Website: www.hbmbekeltetes.hu | Veszprém County Conciliation Board Address: 8200 Veszprém, Radnóti tér 1. Phone: +36-88-814-121, +36-88-814-111 Email: info@bekeltetesveszprem.hu Website: www.bekeltetesveszprem.hu |
Heves County Conciliation Board Address: 3300 Eger, Hadnagy utca 6. ground floor Phone: +36-36-416-660/105 Email: bekeltetes@hkik.hu Website: www.hkik.hu | Zala County Conciliation Board Address: 8900 Zalaegerszeg, Petőfi u. 24. Phone: +36-92-550-513 Email: zmbekelteto@zmkik.hu Website: www.bekelteteszala.hu |
- European Consumer Centre
The European Consumer Centre provides free assistance to consumers in resolving cross-border consumer complaints and disputes with foreign businesses, airlines and online shops, and information on consumer protection issues.
Contact and details here:
- Online dispute resolution platform
The European Commission has set up a platform where consumers and traders can ask an impartial dispute resolution body to settle their online shopping disputes.
The online dispute resolution platform allows you to send complaints about online shopping in digital form, in any EU language, to the chosen ADR entity from anywhere in the European Union.
The procedure is usually fully online, takes about 90 days after the ADR entity has been selected and is free of charge or for a nominal fee.
Contact and details here:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU
- Placing an evaluation on the Website
The Service Provider publishes on its Website customer reviews, which allow the evaluation of the Service.
The Customer can give his/her opinion by using the form available through the electronic invoice for the Service or by replying to an email sent to the Customer’s email address. These technical measures ensure that only actual Customers can submit reviews.
The provider does not distinguish between positive and negative reviews. The Seller has the possibility to moderate reviews only if their content is obscene or offensive.
As a result, the Website only contains the ratings and opinions of real Customers who have actually ordered and/or used the Service.
- 15. Partial invalidity
If any clause of the GTC is incomplete or ineffective, the other clauses of the contract remain valid and in force. The ineffective or defective part shall be replaced by the provisions of the applicable law.
- 16. Code of Conduct
The service provider does not have a code of conduct in accordance with the Fttv.