Please note that this Terms of Use is the translation of the Hungarian document and is for information purposes only.
The Service Provider
Fotexnet Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság (in the following: Provider)
1126 Budapest, Nagy Jenő u. 12.
Court of registration: 01-09-687179
Tax ID number: 11830007-2-43
Phone: +36-40-383-768 (+36-40-DVD-RNT)
General Terms
DVDrent.hu is an online DVD rental service, the list of the rentable DVDs can be found and orders can be submitted at http://www.dvdrent.hu (in the following: Site).
Using the service of the Provider is only possible electronically, through the Site via the Internet. There is no other way to use the service but the Internet.
The service of the Provider is available to every person above the age of 18 who is a registered user on the Site and accepts and agrees to be bound by this Terms of Use (in the following: User).
Registration
To use the service of the Provider the User must fill in a registration form available on the Site in order to provide data necessary for identification and usage.
The Provider reserves the right to invalidate any registration form containing one or more mistakes. An invalidated form means no liability to the Provider and the Provider assumes no responsibility for unsatisfactory or deficient completion due to incorrect data submitted.
Any personal data submitted during registration is subject to our Privacy Policy and it cannot be delivered to any third-party, only in cases incorporated in the Policy. By signing the Rental Contract between the Provider and the User, the User accepts that the Provider will manage the personal data (and special data incidentally learnt by the Provider) of the User.
Data submitted during registration can always be reviewed and also modified by the User, provided that the changes are subject to reality. The User has the right to request that his data managed by the Provider be deleted. On the other hand, the User accepts that the deletion of his data may convert the Provider unable to provide the service. With regard to that the Provider is not responsible for being unable to provide the service due to deletion of data.
The User has the right to terminate the Rental Contract without an explanation and to cancel the registration to the service of the Provider at any time. The User accepts that termination of the contract and cancellation of the registration does not authorize him to demand refund of any percent of the subscription fee. Termination of the contract does not relieve the User of returning the DVDs to the Provider, furthermore termination does not relieve the User of compensational responsibility if the DVDs are damaged, destroyed or not returned.
Ordering and rental
By submitting orders on the Site the User accepts this Terms of Use, and is aware of the terms incorporated herein.
The Users of the service of the Provider are able to choose the DVDs they wish to rent on the Site. This is always performed in the way described on the Site.
The DVDs ordered (rented) on the Site can be acquired in person at one of the Receipt Points listed on the Site or can be delivered to the User by a courier (only in Budapest). The method is defined by the User when submitting the order.
The courier of the Provider delivers the DVDs ordered on the Site to the destination defined by the User at the time chosen by the User.
As a delivery destination, the User can define a home address, an office address, or any address to which delivery is possible after a reasonable consideration. The Provider is not responsible for non-completion if an inaccurate or incorrect address was submitted.
In case of Personal receipt the Provider delivers the DVDs to a Receipt Point chosen by the User when submitting the order, and the User can obtain them at the time chosen by the User when submitting the order.
If the User requested delivery by courier, and he fails to receive the rented DVDs at the place and time chosen by him, the Provider will attempt to deliver the DVDs again in the next 12 hours. If this second attempt is also unsuccesful, the Provider deletes the order. In this case the User can only acquire the DVDs by resending the order, but the User must pay 500 forint extra delivery fee to the Provider. The extra delivery fee must be paid at the next order either to the courier or the workers of a Receipt Point. The User is not allowed to obtain the ordered DVDs until he paid the extra delivery fee.
If the User requested that he will obtain the rented DVDs at a Receipt Point, and he fails to obtain them at the time and Receipt Point chosen by him, the Provider deletes the order. In this case the User can only acquire the DVDs by resending the order, but the User must pay 500 forint extra delivery fee. The extra delivery fee must be paid at the next order either to the courier or the workers of a Receipt Point. The User is not allowed to obtain the ordered DVDs until he paid the extra delivery fee.
The Provider allows the User to rent a maximum of 3 (three) DVDs at the same time, so only three DVDs rented from the Provider are allowed to be at the User at the same time.
The Provider does not take any responsibility if one or more DVDs rented by the User are out of stock, regardless of the information on the Site. In this case the Provider reserves the right to deliver different DVDs instead of the missing ones.
The User is not allowed to return the rented DVDs until he rents other DVDs or terminates his subscription.
The returned DVDs must be checked by the courier in the presence of the User, and notes must be taken and signed by the User about every detected damage, destruction or any other faults of the DVDs.
Payment conditions
For using the service of the Provider the User pays the actual subscription fee to the Provider, without respect to the number of DVDs rented in the actual period. The subscription fee also includes the costs of delivering and returning the DVDs to and from the User, provided that the DVDs are delivered and returned in an already paid period and the first attempt to deliver the DVDs is succesful.
The User can subscribe for a subscription period of 1 and 3 months so that the subscription fee for every subscription period must be paid in advance, in one sum. The subscription fee for a 1-month subscription is 4900 Ft, the subscription fee for a 3-month subscription is 13 200 Ft. The Provider may change the fees temporarily, at any time. Such changes must be displayed on the Site and must be sent to the Users via e-mail.
The first subscription fee, just like all the others, is paid to the courier or the workers of the Receipt Point, at the same time when the DVDs are obtained by the User.
The subscription fee must be paid in every started subscription period, so if the User cancels his subscription, neither the fee for the actual month, nor a proportionate percent of it will be refunded.
If the monthly fee of the User becomes due, a reminding e-mail will be sent. The User is obliged to pay the monthly fee in 7 days after it is due. Payment can be initiated either by submitting an order or by requesting another alternative to pay. The Provider is not obliged to complete an order until the User has any type of debt to the Provider, unless all debts are paid at the same time when the order is completed.
If the User fails to pay the actual fee in 7 days after it is due, the legal relationship between the two parties is, according to this Terms of Use, cancelled on the 8. day after the fee was due, and the debt will be collected by a debt-collector company. The debt of the subscription fee of the User, the sum of indemnity of the discs rented by the User and the adminstrative costs related to collecting and settling the debts will be collected from the User.
By signing the Rental Contract, the User accepts that the Provider will hand over any personal data of the User necessary to collect the debt to a third party in order that the debt is collected.
Users can subscribe to the Movie Watch Service that notifies the User via SMS when any of the 5 movies selected by the User, becomes available. Users can subscribe and unsubscribe to the Movie Watch on the Site. The monthly fee for Movie Watch is 400 Ft, which must be paid in every started month. Thus, if the User cancels his subscription, neither the fee for the actual month, nor a proportionate percent of it will be refunded, independently on whether he actually used the Movie Watch service. The monthly fee of Movie Watch must be paid to the courier or to the workers of the Receipt Point when receiving the first order after subscribing to Movie Watch.
The duration and expiry of the legal relationship created according to this Terms of Use
The User accepts that by using the service defined in this Terms of Use, a Rental Contract is created between the User and the Provider for an indefinite time, which is valid and effective until the User fails to pay the subscription fee, according to this Terms of Use.
The User accepts that the legal relationship created with the Provider according to this Terms of Use is automatically cancelled if the User fails to pay the actual subscription fee to the Provider in 14 days after it is due. In this case the Rental Contract is terminated on the 15. day after the fee was due.
The User accepts that he has no right to terminate the contract by a unilateral statement, according to 17/1999. (II.5.) Korm. r. 5. § a./.
The Rental Contract can be terminated, beside the ways described in the Terms of Use, in the following ways:
* the User has the right to cancel the Rental Contract with an immediate effect by addressing a written or oral statement to the other party without an explanation, provided that at the same time the User returns all rented DVDs to the Provider and the User has no debts to the Provider.
* the Provider has the right to terminate the Rental Contract with a written statement without an explanation, and it comes to effect at the end of the last period paid by the User. The User is still obliged to return the DVDs in time.
The Provides has the right to terminate the Rental Contract at any time with an immediate effect by a written statement if the User violates the contract.
The Provider reserves the right to terminate the Rental Contract of the User by a unilateral statement if the User violates this Terms of Use or is suspected of abusing the service. In these cases the Provider is obliged to provide an explanation of the decision. The User excluded in such ways are not permitted to use the service of the Provider in the following.
Other instructions
The User of the service of the Provider is obliged to use the rented DVDs properly, paying attention to the condition of the DVDs. The User responsible for damaging, destructing or losing DVDs is obliged to pay compensation in all cases.
The User has a full-scale financial responsibility for the rented DVDs. The User accepts that the measure of his compensational responsibilty is the cost price of the actual DVD 1.5 times, but a minimum of 10 000 forints.
The DVDs rented by the User from the Provider can only be used for home entertainment purposes and must not be lent, projected publicly, broadcast on television or cable television or used for any other illegal purposes.
Limitation of the Provider’s responsibility
The Provider reserves the right to modify any points of this Terms of Use, including the subscription fees, unilaterally at any time without an explanation.
Online rental assumes that the User knows and accepts the possibilities and limits of the Internet with special regard to the technical performances and possible errors, therefore the Provider is by no means responsible for the following points, regardless of the causes:
* any data sent or received via the Internet
* any fault of the Internet network that prevents rental and the unhindered operation of the Site.
* any fault in any communicational device in the communicational lines.
* the loss of any letter – either in paper or in electronic form – and especially any data.
* the malfunctioning of any software.
* the consequences of any program error, abnormal event or technical error.
It is the User’s responsibility to assess the ways to protect his data stored on the computer from intruders. The Site can be accessed by anyone, therefore the Provider is not responsible for any direct or indirect damage caused by connecting to the Site.
The Provider is relieved of the obligation of completing the services incorporated in this Terms of Use in case of vis maior or any other event not under control of the Provider. In such cases the Provider has no liability to compensate.
The Provider is free to modify the terms and rules of rental and/or the Site, anytime, but Users must be informed on the Site 5 days before. The Provider is not obliged to give any explanation of his decisions, and cannot be held responsible for doing so.
Any modifications come into force at the time defined on the Site. Any User not agreeing to the modifications has the right to terminate the Rental Contract with an immediate effect.
The Provider is free to sue any person committing an abuse or attempting to do so. But the Provider cannot be held responsible for any abuse committed by a third party.
Final instructions
The User can report any complaints in connection with the service of the Provider defined in this Terms of Use at the telephone number: 06-40/383-768, at the e-mail address: info@dvdrent.hu or in person at the headquarters of the Provider in the working hours.
Parties consider this Terms of Use obligatory for themselves, even if any point of it proves to be inoperative in the future.
Failure to exercise a certain right does not mean giving that right up.
User and Provider pronounce that they make their statements related to the Rental Contract in written form, by considering e-mail a written statement. The User accepts that every e-mail sent by one party to the e-mail address provided by the other party is considered to be delivered 5 days after sending, even if the e-mail cannot be delivered for any reason. This applies to the postal mailing of the parties, provided that the letter returns from the address of recipient provided to the other party undelivered for any reason. The termination of the legal relationship by the User forms an exception to the written statements, because the User has the right to terminate by a phone-in announcement to the customer service of the Provider.
The parties pronounce that in case of any disputes concerning the Rental Contract they submit themselves depending on limit of value to the exclusive jurisdiction of the Central District Court of Buda (Budai Központi Kerületi Bíróság) or the Metropolitan Court (Fővárosi Bíróság).
