General Terms and Conditions
The present General Terms and Conditions (“GTC”) contain the rights and obligations of the recipient (the “User / Buyer”) of the commercial services provided by Cyber Heights Ltd (“Service Provider / Seller”) available online at http://sparkbypelote.com (“Web Store”) (the User and the Service Provider collectively: the “Parties”).
The GTC is concluded only in electronic form, it does not qualify as a written contract, and it is not filed by the Service Provider.
In case of any questions regarding the operation of the Web Store, the ordering and delivery process, or the payment options, please contact us at the given contact details.
The present GTC covers the legal relationships established on the Service Provider's website (“Website”) http://sparkbypelote.com and on its subdomains. The present GTC is continuously available from the following website: http://sparkbypelote.com
and can be downloaded or printed at any time from the following
1. Details of the service provider:
Name of the service provider:
Cyber Heights Ltd Ltd.
Registered seat of the Service Provider (and also the place of handling of complaints):
1061 Budapest Andrássy út 15.
Contact details of the Service Provider regularly used e-mail address for keeping contact with the Users:
Company registration number:
Fővárosi Törvényszék Cégbírósága (in English: Company Registry Court of Budapest-Capital Regional Court) The language of the Contract:
Name of the hosting service provider:
Websupport Magyarország Kft.
A tárhely-szolgáltató címe:
1132 Budapest Victor Hugo u.18-22.
A tárhely-szolgáltató e-mail címe:
2.1. Issues not regulated by the present GTC and the interpretation of the present GTC shall be governed by Hungarian law, with particular regard to the applicable provisions of Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“E-commerce Act”), as well as Government Decree No. 45/2014 of 26 February 2014 on the detailed rules of contracts between consumers and businesses (“Decree”).
The mandatory provisions of the applicable law shall apply to the Parties without any special provisions.
2.2. The present Policy shall be effective from 07. March 2020 and shall remain in force until revoked. The Service Provider has the right to unilaterally amend the GTC (circumstances giving rise to the amendment:
changes in transportation costs, changes in legislation, business interests, changes in relation to the Service Provider). The Service Provider shall publish the amendments on the website 11 (eleven) days prior to their entry into force, during which period the User is entitled to withdraw from or to terminate the contract. By using the Website, the User agrees to be bound by all applicable rules regarding the use of the Website.
2.3. The Service Provider reserves all rights with respect to the Website, any part thereof and the contents appearing on it, as well as the distribution of the Website, any use of such content shall be allowed with the permission of the Service Provider only. It is prohibited to download, electronically store, process and sell the contents on the Website or any part thereof without the written consent of the Service Provider.
2.4. All contents (especially images, graphics, texts) on the Website shall be the intellectual property of the Service Provider.
Registration / purchase
3.2. The Products offered by the Service Provider for sale in the Web Store (“Product/Products”) may be purchased through the Web Store available on the Website. The prices and other information relating to the Products displayed on the Web Store are not considered as an offer, only an invitation to make an offer. According to the present GTC, the offer is made by the User, if he or she indicates to the Service Provider his or her intention to purchase or order. Accordingly, the purchase contract shall be concluded when the User's offer is confirmed by the Service Provider.
3.3. At the time of purchase/registration, the User is obliged to provide his or her real data. No contract is concluded, if, at the time of the purchase/registration, false data or such data are provided which relate to another person.
3.4. The Service Provider excludes its liability, if the User uses its services on behalf of another person, with the data of another person.
3.5. The Service Provider shall not be liable for the accuracy of the data provided by the User at the time of the registration/purchase, as well as for any errors or typos in it.
3.6. The Service Provider shall not be liable for any delays in delivery or other errors attributable to data provided by the User incorrectly or inaccurately.
3.7. The Service Provider shall not be liable for any damages arising from the User's forgetting of his or her password or from the User’s password becoming accessible to unauthorized persons for any reason not attributable to the Service Provider.
4. Products and services available for purchase 4.1. In the Web Store, the Service Provider indicates in detail the name and description of the Products and displays photos of the Products. The images displayed on the Products’ data sheet or the colors may be different from that of the actual Products and may be used as illustrations. The Service Provider shall not be liable for any difference between the image displayed on the Web Store and the actual appearance of the Product.
4.2. The prices quoted for the Products are in euro (EUR) and include the statutory VAT, but do not include home delivery, unless otherwise provided for in the present GTC. No extra packing costs will be charged.
4.3. If a promotional price is introduced, the Service Provider shall fully inform the Users of the promotion and the exact duration thereof.
4.4. If, despite the Service Provider’s exercise of all due care, an erroneous price is displayed on the Web Store's website, with special regard to an obviously incorrect price, significantly different from the generally known and accepted or estimated price of the Product e.g. a price of HUF/EUR “0” or HUF/EUR “1” and which might be displayed due to a system error, the Service Provider shall not be obliged to sell the Product at the erroneous price, but may offer to sell it at the correct price, in the knowledge of which the User may withdraw from his or her intention to purchase.
5. Ordering process
5.1. The User can start the purchasing process in the Web Store without registration or by logging in after registration.
5.2. The User selects the Product to be ordered from the Products available in the Web Store and specifies the number of Product, Products to be purchased.
5.3. The User places the selected Product in the shopping cart. The User may view the contents of the shopping cart at any time by clicking on the “cart” icon.
5.4. If the User wishes to add further Product(s) to the shopping cart, he or she shall select the “Continue Shopping” button. If he or she does not wish to purchase any further Products, the number of Products he or she wishes to purchase shall be checked. By clicking the “delete” icon the contents of the cart can be deleted.
5.5. The User selects the delivery address and then the shipping/payment methods, the types of which are the following:
5.5.1 Payment methods:
Payment by cash on delivery:
if the ordered Product is delivered by courier service, it is possible for the User to pay the courier the total amount of the order in cash or by credit card upon receipt of the ordered Product.
Credit card payment online:
the User may pay the total value of the order online by credit card via the secure payment system of the financial service provider used by the Service Provider.
Online credit card payments are made through the Simple Pay system. Credit card details will not be sent to the trader. Simple Pay OTP Mobil Szolgáltató Zrt., which provides the services, is an institution supervised by Magyar Nemzeti Bank (in English: Central Bank of Hungary).
Types of credit cards that can be used for payments:
Mastercard or Maestro
Visa or Electron
Payment via PayPal:
The User may pay the value of the order through the PayPal online system.
5.5.2. Shipping methods and costs:
The Products selected in the Web Store are available for home delivery or delivery to a parcel point according to the Shipping & Payment Policy.
5.6. In the event of errors or defects in respect of the Product or the price in the Web Store, the Service Provider reserves the right to correct it. In such a case, it shall inform the User of any new data immediately after the detection of the error or the amendment thereof.
Thereafter, the User may confirm the order once again or withdraw from the purchase.
5.7. Based on the order summary and the confirmation letter, the total amount payable includes all costs. The Customer expressly accepts that the invoice can be issued electronically. The Customer is obliged to inspect the package upon delivery in the presence the courier and, in the event of any possible detected damage to the Product and/or the packaging, to request the drawing up of minutes, on the understanding that in the event of any damage the Customer shall not be obliged to take over the parcel. The Service Provider will not accept complaints that are subsequent and/or in relation to which minutes have not been drawn up.
5.8. After entering the details, the Customer can submit his or her order by clicking on the “order” button, but before that he or she can double-check the data provided, and he or she can send a comment together with his or her order, where he or she can indicate to the Service Provider any other wishes related to the order. The Service Provider shall not be liable for any requests or questions not sent as a comment attached to the order (e.g. by e-mail).
5.9. By placing the order, the Customer acknowledges that he or she has a payment obligation.
5.10. Correction of data input errors
The Customer can always move back to the previous phase before completing the ordering process, where he or she can correct the data provided, that is, during the ordering process it is possible to view or modify the contents of the cart, if the cart does not contain the required quantity, the Customer can enter the required quantity into the data entry field in the quantity column, which will be updated automatically. If the User wishes to delete the Products from the cart, he or she must click on the “delete” button. During the ordering process, the User has the opportunity to correct/delete the entered data continuously.
Processing and execution of orders
6.1. After the order is placed, the Customer shall receive a confirmation by e-mail. If this confirmation is not received by the User within a reasonable period of time, depending on the nature of the service, but not later than 48 hours from the date of sending the order, the Customer shall not be bound by his or her offer. The order and its confirmation shall be deemed to have been received by the Service Provider and the Buyer when it becomes available to them. The Service Provider excludes its liability if the confirmation is not received in time because the Customer has entered a wrong e-mail address during registration or if the Customer cannot accept messages due to the fact that the storage space of his or her account is full.
6.2. The Customer acknowledges that the confirmation specified in Clause is only an automatic confirmation and does not constitute a contract. The contract is concluded when the Service Provider notifies the Customer of the order details and the expected fulfillment of the order by another e-mail after the automatic confirmation mentioned in the previous Clause.
6.3. Orders are processed on working days from 9 am to 5 pm. It is also possible to place an order outside the time period indicated for processing the order. If the order is placed after the end of working hours, it will be processed on the next working day.
6.4. Within 1 to 5 (one to five) working days of processing the order, orders will be delivered. In case of extremely large numbers of simultaneous orders, processing and/or fulfillment of orders may require a longer time period.
6.5. In all cases, the Service Provider's customer service will confirm the order electronically, which confirmation e-mail will contain the Customer’s data provided during the ordering process, the order number, the date of order, the payment and shipping method, the ordered Product, the price of the ordered Product, the shipping costs and total amount payable, as well as the estimated time for the fulfilment of the order.
The confirmation e-mail shall be deemed as the Service Provider’s acceptance of the offer made by the User.
6.6. The Service Provider reserves the right not to accept the order of the Product, in which case no contract shall be concluded between the Parties, so if the User has made a payment, the Service Provider shall refund it immediately.
6.7. Pursuant to the purchase contract, the Service Provider shall be obliged to transfer the ownership of the Product, while the Buyer shall pay the purchase price and take over the Product.
6.8. If the Service Provider, as a business undertaking, undertakes to deliver the Product to the User as a consumer, the risk of loss shall pass to the User when the User or a third party designated by the User takes possession of the item.
6.9. Unless otherwise agreed by the Parties, the Service Provider shall make the Product available to the Buyer without delay, but no later than
30 (thirty) days after the conclusion of the contract.
6.10. If the Service Provider is in delay, the User shall be entitled to set a second deadline. If the Service Provider fails to perform within the second deadline, the Consumer shall be entitled to withdraw from the contract.
6.11. The User shall be entitled to withdraw from the contract without setting a second deadline, if
a) the Service Provider has refused to perform the contract; or
b) the contract should have been performed, in accordance with the agreement of the Parties or due to the recognizable purpose of the service, at the specified delivery time, and not at any other time.
6.12. Service Provider fails to fulfill its contractual obligations because the Product specified in the contract is not available, it shall immediately inform the User thereof and refund the amount paid by the User without delay.
7. Right of Withdrawal
7.1. Pursuant to the Directive 2011/83/EU of the European Parliament and of the Council and the Decree, the Customer shall be entitled to withdraw from the contract within 14 (fourteen) days from the receipt of the ordered Product without giving any reason, that is the Customer may return the ordered Product.
7.2. The Customer may exercise its right of withdrawal by making an unequivocal statement to that effect or by means of the statement set out in Schedule 2 of Government Decree No. 45/2014 of 26 February 2014.
7.3. The period for exercising the right of withdrawal shall expire 14
(fourteen) days after the date on which the Customer or a third party - other than the courier service - designated by the Customer takes over the Product.
7.4. The Customer may exercise his or her right of withdrawal between the date of the conclusion of the contract and the date on which the Product is received.
7.5. The cost of returning the Product shall be borne by the Customer, unless the Service Provider has undertaken to bear such cost.
7.6. In the event of exercising the right of withdrawal, the Customer shall not bear costs other than those set out in Clause 7.5.
7.7. The Customer shall not have the right of withdrawal in relation to a non-prefabricated Product which has been manufactured upon the instruction or at the express request of the Customer or in relation to a Product which is clearly personalized for the Customer.
7.8. As required by law, the Service Provider shall reimburse to the Customer the payment received without delay after the date on which the Product is returned in a state specified in Clause 7.12 of the present GTC and the receipt of the declaration of withdrawal, but within 14
(fourteen) days of becoming aware of the withdrawal at the latest.
7.9. For the reimbursement, the Service Provider shall apply a payment method identical to the one applied in the original transaction unless the Consumer expressly consents to the use of another payment method; no additional cost shall be borne by the Customer as a result of applying this reimbursement method.
7.10. If the Customer wishes to exercise his or her right of withdrawal, he or she must notify it in writing to firstname.lastname@example.org and he or she must, without undue delay, but no later than 14 (fourteen) days after sending the notice to the Service Provider on the withdrawal from the contract, send back the ordered Product. When ordering more Products, if each Product is shipped at a different time, the Customer may exercise the right of withdrawal within 14 (fourteen) days of the receipt of the last Product or, in the case of a Product consisting of multiple lots or pieces, the Customer may exercise the right of withdrawal within 14
(fourteen) days of the receipt of the last lot or piece.
7.11. Return is deemed to have been completed on time if the Customer has mailed the Product before the expiry of the deadline.
7.12. Reimbursement may be withheld by the Service Provider until it has got the Product back. If the Product is lost or damaged upon return, the Service Provider shall not assume responsibility therefor. The Service Provider will provide reimbursement only, if the sealing tape is intact and only if the Product is returned in its original condition, otherwise the Service Provider will return the Product to the Customer.
7.13. The Customer shall be responsible for any depreciation arising out of the use of the Product, any indication of use may result in a refusal of reimbursement.
7.16. The Customer may also contact the Service Provider in respect of any other complaint at the contact details provided in this Policy.
7.17. The right of withdrawal applies only to Customers who are considered consumers under the Civil Code, so the right of withdrawal does not apply to business undertakings, that is to say, persons who are acting for purposes relating to their trade, business, craft or profession.
The Service Provider performs defectively when the Product, at the delivery date, is not in compliance with the quality requirements laid down in the contract or stipulated by law. The Service Provider does not perform defectively, if, at the time of the conclusion of the contract, the Customer knew or should have known the defect.
Any clause of a contract between the Customer, if he or she is considered a consumer, and the Service Provider that derogates from the provisions of this chapter on warranties to the detriment of the Customer shall be null and void.
8.1. In the event of the Service Provider’s defective performance, the Customer may enforce a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.
8.2. The Customer shall have the option to enforce the following warranty claims: he or she may request repair or replacement unless compliance with the warranty right chosen by the Customer is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. If he or she has not requested or could not request repair or replacement, he or she may ask for a commensurate reduction in the consideration or repair the defect himself/herself or have it repaired at the Service Provider’s expense, or, as a last resort, he or she may withdraw from the contract. He or she shall be entitled to switch from the warranty right he or she has chosen to another, however, the cost of switch-over shall be covered by the Customer, unless it was reasonable or made necessary by the Service Provider’s conduct. The Customer shall not be entitled to withdraw from the contract if the defect is minor.
8.3. The Customer shall be obliged to inform the Service Provider of any defect without delay after detection but within 2 (two) months from the time the defect is detected at the latest. The Customer may not exercise its warranty rights after the expiry of the limitation period of the 2
(two) years calculated from the fulfillment of the contract.
8.4. The Customer may enforce his or her warranty claim against the Service Provider.
8.5. Within 6 (six) months from the date of delivery, in addition to making a statement on the defect, there is no other condition for enforcing the warranty claim, if the Customer certifies that the Product has been sold by the Service Provider. However, after a period of 6
(six) months calculated from the date of delivery, the Customer shall be obliged to prove that the defect recognized by the Customer already existed at the date of delivery.
8.6. If the Product is defective, the Customer, at his or her option, may enforce a warranty or a product guarantee claim.
8.7. As a product guarantee claim, the Customer may only request the repair or replacement of the defective Product.
8.8. The Product is defective if it does not meet the quality requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.
8.9. The Customer may enforce his or her product guarantee claim during a period of two years effective from the date of placing the given product on the market. Upon expiry of that period, he or she shall no longer be entitled to such rights.
8.10. Product guarantee claims may only be made against the manufacturer or distributor of the Product. In case of a product guarantee claim, the defect of the Product shall be proved by the Customer.
8.11. The manufacturer (Service Provider) shall be relieved of its product guarantee obligation only if it is able to prove that:
– it manufactured or placed the Product on the market in the course of operations other than in the course of its business activity or for purposes relating to his profession; – the state of scientific and technical knowledge at the time when it put the product into circulation was not such as to enable the existence of a defect to be discovered; or – the defect in the Product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.
For the exemption, the manufacturer (Service Provider) must prove one reason.
8.12. Due to the same defect, a warranty and product guarantee claim cannot be enforced concurrently, at the same time. However, if the product guarantee claim is effectively enforced, the warranty obligation relating to the replacement product in the case of replacement, or to the part repaired shall be assumed by the manufacturer.
9. Procedure in the case of a warranty claim 9.1. In the contract between the Customer, if he or she is considered a consumer, and the Service Provider, the agreement of the Parties may not deviate from the provisions of the Decree to the detriment of the consumer.
9.2. The Customer shall be responsible for proving the conclusion of the contract (by invoice or receipt).
9.3. The costs incurred in connection with the fulfillment of warranty obligations shall be borne by the Service Provider (Article 6: 166 of the Civil Code).
9.4. The Service Provider shall draw up minutes on the warranty claim submitted to it by the Customer.
9.5. A copy of the minutes shall be provided, without delay and in a verifiable manner, to the Customer.
9.6. If at the time of its submission, the Service Provider is not in a position to declare whether the Customer’s warranty claim can be fulfilled or not, it shall be obliged to inform the Customer of its position within 5 (five) working days in a verifiable manner, and, if the claim is rejected, of the reason for rejection and the possibility of recourse to the conciliation body.
9.7. The Service Provider shall retain the minutes for 3 (three) years from the date on which it is drawn up and submit it to the controlling authority upon request.
9.8. The Service Provider shall endeavour to carry out the repair or replacement within a maximum of 15 (fifteen) days.
10. Miscellaneous Provisions
10.1. The Service Provider is entitled to engage a contributor to fulfill its obligation. The Service Provider shall be fully liable for the unlawful conduct of the contributor as if it had committed the unlawful conduct itself.
10.2. If any part of the present Policy becomes invalid, illegal or unenforceable, it shall not affect the validity, legality or enforceability of the remaining parts.
10.3. If the Service Provider does not exercise its right under the Policy, failure to exercise a right shall not be considered a waiver of that right. The waiver of any right shall be effective only upon an express written notice to that effect. The fact that the Service Provider, on one occasion, does not strictly adhere to one of the material terms or conditions of the Policy does not mean that it waives the obligation to adhere to that specific term or condition in the future.
10.4. The Service Provider and the User shall try to resolve their disputes amicably.
10.5. The Parties state that the Service Provider’s Web Store operates in Hungary and it is maintained there as well. Since the website may be accessed also from other countries, the User expressly acknowledges that Hungarian law shall be applicable to the relationship between the User and the Service Provider. If the User is a consumer, then, pursuant to Article 26 (1) of Act CXXX of 2016 on Civil Procedure, the court of the User’s domicile shall have exclusive jurisdiction in disputes arising out of or in connection with this agreement.
10.6. In respect of the access to the Products in the Web Store, the Service Provider shall not apply different general conditions of access for reasons related to the User’s nationality, domicile or place of establishment.
10.7. The Service Provider shall not apply different conditions to the payment transaction in respect of the payment methods it accepts for reasons related to the User’s nationality, domicile or place of establishment, the place where the payment account is held, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union.
10.8. The Service Provider shall comply with the REGULATION (EU)
2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
11. Complaint handling procedure
11.1. The purpose of the Web Store is to fulfill all orders in good quality and to the full satisfaction of the User. If the User still has any complaints regarding the contract or the performance thereof, he or she may communicate his or her complaint by telephone, e-mail or letter.
11.2. The Service Provider shall promptly investigate the oral complaint and remedy it, if necessary. If the User disagrees with the handling of the complaint, or the complaint cannot be investigated immediately, the Service Provider shall promptly draw up minutes in respect of the complaint and the Service Provider’s respective position and provide a copy thereof to the User.
11.3. The Service Provider shall respond to the written complaint in writing within 30 (thirty) days, giving reasons for its position rejecting the complaint. The Service Provider shall retain the minutes drawn up of the complaint and a copy of the response for a period of 5
(five) years and shall submit it to the controlling authorities upon request.
11.4. If the User’s complaint is rejected, the User may initiate an administrative procedure or a procedure of a conciliation body in respect of his or her complaint.
11.5. The conciliation body is competent for the out-of-court settlement of consumer disputes. It is the task of the conciliation body to attempt to reach a settlement between the parties for the purpose of resolving the consumer dispute, failing that, it will take a decision on the matter to ensure that consumer rights are enforced in a simple, fast, efficient and cost-effective manner. At the request of the User or the Service Provider, the conciliation body shall give advice on the rights and obligations of the User.
11.6. In the event of a cross-border consumer dispute related to an online purchase or service contract, the Conciliation Body operating attached to the Budapest Chamber of Commerce and Industry (1016 Budapest, Krisztina krt. 99.) shall have exclusive jurisdiction.
11.7. In case of a complaint, the Consumer may make use of the EU Online Dispute Resolution Platform.
11.8. The Service Provider shall be obliged to cooperate in conciliation proceedings.
In this context, the Service Provider shall be required to send its response to the conciliation body and to ensure the presence of the person entitled to reach a settlement at the hearing. If the Service Provider’s registered seat or place of establishment is not registered in the county of the chamber operating the conciliation body with territorial jurisdiction, the Service Provider’s obligation to co-operate shall extend to the offering of a written settlement in accordance with the User's request.
11.9. If the User does not refer the matter to a conciliation body or the proceedings have failed, the User shall be entitled to go to court in order to have the dispute resolved. The lawsuit must be initiated by a statement of claim containing the following information:
* the court seised;
* the name, domicile, and position of the parties and their representatives;
* the right to be enforced, providing the facts and evidence on which it is based;
* data from which the competence and jurisdiction of the court can be established;
* an express claim for a court decision.
The statement of claim shall be accompanied by the document or a copy of the document the content of which is invoked as evidence.
12.1. Since sparkbypelote.com, as a website, and its subsides also are considered a copyrighted works, it is prohibited to download (reproduce), retransmit, otherwise use, electronically store, process and sell the content or any part thereof displayed on sparkbypelote.com and its subsites without the written consent of the Service Provider.
12.2. Any material from the sparkbypelote.com website , its subsites and its database may be retrieved, even with written consent, only by reference to that website.
12.3. The Service Provider reserves all rights to all elements of its Products and services, its domain names, their associated domain names and its advertising spaces on the Internet.
12.4. It is prohibited to adapt or decrypt the content or parts of sparkbypelote.com website; to fraudulently create user IDs and passwords; to use an application with which it is possible to modify or index any or all parts of sparkbypelote.com website.
12.5. The name sparkbypelote.com is protected by copyright and, with the exception of reference, may only be used with the written consent of the Service Provider.
12.6. The User acknowledges that in case of unauthorized use, the Service Provider shall be entitled to claim a penalty. The amount of the penalty is HUF 60,000 gross per image and HUF 20,000 gross per word. The User acknowledges that this penalty is not excessive and shall be aware of this while browsing the site. In the case of copyright infringement, the Service Provider shall apply a notarial certification, the amount of which shall also be passed on to the infringing User.
13. Data protection
Budapest, 07 April 2022