Terms and Conditions

General Terms and Conditions

FOR USERS OF nDRU SERVICES

Effective: from 30.05.2022

These Terms and Conditions (T&Cs) set out the rights and obligations of persons using the e-commerce services provided by ndru 1.0. Kft (nDRU) through the www.drivendru.com website, mobile website, nDRU APP mobile application (Mobile Platform) and NDRU Service (Service Platform) and nDRU Fleet (Fleet Platform) (collectively, the nDRU Platforms). Registration on the nDRU website, mobile website or application, and thus the creation of a user account, is only possible if the User expressly accepts these GTC during registration. By accepting these GTC during the registration, a contract is concluded between the User and nDRU with the contents set out in the GTC. The acceptance of the GTC is stored by the nDRU and registration is not possible without acceptance of the GTC. The GTC will be made available in downloadable form by the NDRU through the registration interface.

Data from the NDRU:

Company name:

NDRU 1.0 Ltd.

Company registration number:

Cg. 01-09-374640

It records:

Court of Justice of the Capital City Court

Headquarters:

1221 Budapest, Hajó utca 1.

Tax number:

28802839-2-43

Bank account number:

12012204-01743883-00100005

Postacíme:

1221 Budapest, Hajó utca 1.

E-mail:

info@drivendru.com

Website:

www.drivendru.com

 

The place of operation and complaints handling is at the headquarters.

1. DEFINITIONS

Provider or nDRU:

nDRU 1.0 Kft. (company registration number: 01-09-374640, tax number: 28802839-2-43, registered office: 1221 Budapest, Hajó utca 1.).

User:

A natural person or legal entity registered on the Mobile Platform, Service Platform, Fleet Platform who can place an Order through these Platforms.

Consumers:

Users are natural persons acting outside the scope of their profession, self-employment, or business activity.

Parties:

The Service Provider and the User together.

Partner:

An individual entrepreneur or a company that offers its services on the nDRU Platforms in the course of its commercial economic activity on the basis of a separate contract with the Service Provider.

Contract:

A contract between the Service Provider and the User, based on the GTC and the data provided by the User, concluded through registration.

GTC:

These Terms and Conditions. 

Intermediated Contract:

The contract between the User and the Partner, mediated by the Service Provider through the Platform, the content of which is set out in Annex 1, Section 1 of the GTC.

Platform:

The online ordering website www.drivendru.com, (Website), the nDRU APP mobile application (Mobile Application or nDRU APP), the www.service.drivendru.com (Service Platform), www.fleet.drivendru.com (Fleet Platform) and the server-side applications serving them, which contains the list of services provided by the Partners and the individual user content within the User's nDRU Account and through which the User can place his/her Orders.

nDRU Account:

The account created by the User during registration on the Platform, which allows the User to identify himself/herself to the Service Provider on the Platform, to store personal, personalized content, to place an Order and to store basic information necessary for using the Service.

Service Unit or Unit:

The smallest independent economic unit of the Partner where or from which the service provided by the Partner is performed.

Partner Service:

Services that may be requested from the Partner through an Order placed by the User through the Platform, which are listed on the Platform as available services, and the sale of products related to Partner Services by Partners to Users through the Platform. 

Basket:

A list of the Partner Services compiled by the User, with the price of the Services and the fees and additional terms related to the Service for which the Order is placed.

Order:

An offer by Users to conclude a contract for the use or purchase of a Service selected on the Platform, which is mediated by the Service Provider to the Partner on the basis of a separate mediation agreement between the Service Provider and the Partner.

nDRU Service:

All the services provided by the Service Provider to the User in the context of the operation of the Platform, i.e. the operation of the Platform, the provision of the use of the Platform (including registration, browsing, management of Orders, provision of the e-service book and complaint management). The Service Provider does not charge a separate fee for the nDRU Services, however, the Service Provider charges a fee for the Partner Services ordered by the User through the Platform. 

Courier Service:

A return service provided to the User by a courier contacted and selected by the Partner on the User's behalf, whereby the courier selected by the Partner delivers the User's vehicle from the User to the Partner or from the Partner to the User after the completion of the Partner Service, on the basis of a delivery contract between the User and the courier, under terms and conditions agreed by the User, for the provision of the Partner Service ordered by the User on the Platform.

Courier:

The Partner is an independent business partner who is available to transport the User's vehicle from the User to the Partner within the framework of the Courier Service, in order to provide the Partner Service ordered by the User on the Platform, on the basis of a contract concluded directly with the User and accepted by the User, and in accordance with the terms and conditions of the contract concluded by the Service Provider and the Partner, or from the Partner to the User after the completion of the Partner Service.

Online payment method:

Payment of the Order through a payment service provider by means of a credit card payment instrument.

2. Operation of the Platform, content of the nDRU Service

2.1. The Service Provider is the owner and operator of the nDRU Platforms. On the nDRU Platforms, the Service Provider collects and makes available to the Users the Partner Services offered by the Partners, in order to enable the Users to order the Partner Services of the Partners online, to pay for the provided Partner Services and, if required, to return their vehicle to the Partner's Unit by courier. The Service Provider's aim is to make the Partners and their Services as widely available and visible as possible, taking into account the User's needs, rights and legitimate interests, while allowing the Partners to grow their customer base.

2.2. nDRU allows Users to find Partners providing car repair and other vehicle related services, review their Partner Services, book appointments with these Partners and, once the Partner Services are completed, Users can pay for these Partner Services and related parts through the nDRU Platforms via the Online Payment Method. The Platform allows Users to record their vehicles, their identification data and other data such as mileage. In addition, when making service reservations and payments through the nDRU Platforms, the service data and service history related to the vehicles are automatically recorded on the nDRU Platforms in the User's nDRU Account.

2.3. Through the nDRU Platforms, Users can order and use additional Partner Services in addition to the Partner Services that provide the service, such as: insurance, immediate assistance, parking services.

2.4. Through the nDRU Platforms, depending on the Service Partner, it is also possible to use the Courier Service, whereby a courier sent by the Service Partner to the User picks up the User's vehicle and brings it to the Service Partner's Unit. Not all Service Partners provide Courier Services. The User can only use the Courier Service if the Service Partner providing the given Partner Service allows it and it can be optionally ordered on the Platform as an additional service to the selected Partner Service.

2.5. An automatic invoice will be issued for Partner Services ordered and products purchased through the Platform, with the Service Provider acting as a fulfillment agent on behalf of the Partner. This will only happen if the Partner uses the nDRU integrated invoicing service.

2.6. The fees for the Partner Services available and displayed on the Platform have been set by the Platform and are displayed on the Platform in such a way that they include the nDRU Service Fee. It is the User's responsibility to provide the correct e-mail address. The Service Provider shall not be liable for any damages or problems caused by an incorrect/inaccurate or untrue e-mail address.

2.7. The nDRU is an independent service provider independent of the Partner. nDRU does not act on behalf of Users or Consumers in the provision of the Services or the Partner Services. 

2.8. nDRU is an online intermediary merchant, which receives Orders from Users through the Platforms on behalf of Partners and processes and transmits them to Partners.

2.9. The content, data and information on the Platforms are subject to change due to the nature of the nDRU Service. The Service Provider makes every effort to ensure that the content and offers presented to the User are always up to date. Considering that the information, the list of Partner Services, the description of Partner Services and related products and their prices on the Platforms originate from the Partner, the Service Provider shall not be liable for their content, timeliness, availability and quality and shall not be obliged to pay any compensation.

2.10. The Service Provider acknowledges that the Partner Service and related product offerings displayed on the Partner Platforms may differ from the service and/or product offerings of the Partner's Service Unit located in the Partner's premises or displayed on its own online ordering channels. The conditions of provision of services and/or sale of products at the Partner's Service Unit or on its own online sales channels, including in particular the prices of services and products, any promotions applied, delivery charges, may differ from the conditions of provision and sale of the Partner Services on the Platform. Where the same Partner operates several Service Units of the same Partner, the offer of Partner Services and related products and the terms and conditions of provision and sale of services and wedges may differ between the Units.

2.11. The Service Provider informs the User that, in addition to the provisions of clause 1.5, the Service Provider may restrict the right of the Partners to apply different ordering conditions - in particular different prices - from the ordering conditions of the Partner Services on the Platform through their own online ordering channels (own website, application). This restriction is intended to maintain the Service Provider's business model in order to ensure that Users continue to benefit from the advantages offered by the Platform and the nDRU Service, which consist of reduced search time and costs due to the operation of the Platform, a large choice, high quality services (in particular, extremely fast administration of the Courier Service and the current availability of the Partners), accurate documentation of the User's service history through the Platform. The Service Provider is continuously improving its Platform and NDRU Services, investing in the operation of the Platforms and nDRU Services in order to increase the number of its practices and new Users, which is also in the interest of the Partners. The Partner restrictions help the Service Provider to prevent Partners from taking advantage of the Platform's operation to use the Platform solely for their own marketing purposes and to recruit (entice) their own customers. Consequently, the restriction serves the legitimate business and economic interest of the Service Provider to balance the benefits of the Partners' presence on the Platform and the NDRU Services with the efforts and expenses that the Service Provider undertakes to develop the Platform and to maintain and raise the level of its services. For the avoidance of doubt, the Service Provider stipulates that this restriction does not affect the Partner's right to apply different terms and conditions for its own non-online orders from its Service Provider Units, independent of the Platform.

2.12. The time associated with any Partner Service on the Platforms, including but not limited to the hours of work and related product procurement associated with the Service, and the time to complete the Service, are based on the Partner's estimates and are provided for information purposes only. The actual completion time and hours associated with the Service may be affected by other external unforeseen factors, independent of both the Service Provider and the Partner.

2.13. The Service Provider reserves the right to modify the content displayed on the Platforms at any time, to change its availability, or to suspend or permanently terminate the operation of the Platforms. 

2.14. The Service Provider reserves the right to restrict or disable the content of the Platforms and the offers partially or completely for all Users or a group of Users.

3. Using the Platforms 

3.1. The use of the Platforms is free of charge for the User. 

3.2. Anyone is entitled to use the Platforms, provided that he/she has validly and successfully registered and acknowledges the terms of these GTC and has read and accepted the Privacy Policy for the processing of personal data of natural person Users. The Platform is used through the nDRU Account.

3.3. Only natural persons over the age of 18 who are acting either for themselves or on behalf of a business may register and use the Platforms. By accepting these GTC, the Consumer declares that he/she is over 18 years of age. A natural person acting on behalf of a business declares, by accepting these GTC, that he/she is entitled to represent the business independently and that his/her actions are not restricted. The Service Provider shall not be obliged to verify the age of the Consumer or the right of representation of the natural person representing the undertaking but shall be entitled to require the Consumer to provide proof of age and the natural person representing the undertaking to provide proof of his right of representation. If the Consumer has not reached the age of 18 or has not provided proof of age at the request of the Service Provider, or if the natural person representing the business is not entitled to represent the business or has not provided proof of entitlement to representation at the request of the Service Provider, the Service Provider shall terminate the Contract and the nDRU Account with immediate effect. The Consumer may not order through the Platform for a person under the age of 18 any Partner Service or related product that a person under the age of 18 may not purchase for himself/herself. The Consumer is solely responsible for ensuring that his/her NDRU Account is not accessible to persons under 18 years of age or any other unauthorized person.

 3.4. A natural person acting on behalf of a legal entity or a business as a User may request an invoice for orders placed through the Platforms. By accepting these GTC and by submitting an invoice request, the natural person acting on behalf of a legal person or an enterprise as User declares that he/she is acting on behalf of that legal person or enterprise.

3.5. The User shall comply with all laws, regulations and obligations when using the Platforms and Services. 

4. The registration process

4.1. Only registered Users who have an NDRU Account as a result may place an Order on the Platform. During registration, the User's nDRU Account is created as a result of successful registration. The nDRU Account can be registered in the mobile application. 

4.2. Registration requires the provision of the personal data of the natural person of the User or of the natural person acting on behalf of the User, or of the company. Consumers may register on the Platforms only with their own personal data, i.e., Consumers are not allowed to register on behalf of another person.

4.3. To register in the nDRU mobile app, you also need to download the NDRU APP mobile app, which can be found in Apple App Store, Play Store, and other stores. 

4.4. When registering with an e-mail address, the e-mail address entered by the User is checked by the system to see whether the e-mail address is associated with a previously created NDRU Account, after which the User is required to provide the following personal data: e-mail address, password, first name, surname, delivery address, telephone number, in case of a company, company name, registered office, tax number, company registration number; vehicle data: registration number, vehicle type, vehicle model, year, fuel type, engine capacity, power, date of expiry of MOT, chassis number, engine number, wheel sizes, odometer reading, date of last service, registration number, registration number, date of registration, vehicle colour, compulsory insurance policy number, casco insurance policy number, their amounts and validity, other vehicle-related data.    

4.5. In order to successfully register, the User must accept these GTC and declare that he/she has read and accepted the Privacy Policy and that he/she consents to the processing of his/her personal data as described in the Privacy Policy. By ticking the relevant boxes, the User declares that he/she has read, understood, accepted and fully complied with all the provisions of these GTC and that he/she accepts to be bound by all the provisions thereof. By ticking the relevant box in relation to the Privacy Policy, the User declares that he/she has read, understood and acknowledged the terms and conditions of the Privacy Policy and consents to the processing of his/her personal data in accordance with the Privacy Policy. By ticking the relevant box, the User has the possibility to subscribe to the sending of marketing messages (newsletter) by the Service Provider in the form of direct marketing enquiries, however, the subscription is not a condition of successful registration.

4.6. Successful registration starts by selecting the "Create Account" button and then entering the link in the confirmation message sent by the User to the e-mail address provided, i.e. the registration is authenticated by the User. The confirmation message sent by the Service Provider will allow the User to confirm his email address. The User will then be able to check and, if necessary, correct the personal and vehicle data already provided, by returning to the registration interface. By clicking on the link in the confirmation message, the User confirms his/her registration, the User's nDRU Account is created and the Platform redirects the User to the home page.

4.7. The User is solely responsible for the accuracy, timeliness and truthfulness of the personal data provided during registration and use of the Service. The Service Provider shall not be liable for any damages resulting from the User's forgotten password or from its access to unauthorized persons. The User shall notify the Service Provider immediately if he/she suspects that unauthorized persons have gained access to his/her NDRU Account.

4.8. After successful registration and email confirmation, the User is entitled to place Orders on the Platform.

5. The Order Process

5.1. Orders can only be submitted electronically via the Platform. The Service Provider accepts Orders via the Platform only from registered Users and only if the User provides all the data required for the Order in full.

5.2.The Service Provider excludes any liability arising from the incorrectness, typographical error or failure to provide true data in connection with the data provided on the Platform. The Service Provider shall not be liable for any delay or defect in the performance of the Contract or the contract concluded between the User and the Partner or the Courier, or for any other problem or error. 

5.3. When entering the NDRU main page, the User can choose to enable the location services provided by the User's phone in the pop-up window, in which case the User's current position will be automatically loaded. The Service Provider shall not be liable for any damages related to the proper functioning of the location services provided by the User's phone, nor for any inaccuracy of the location. The Platform will use the current geographic position and address determination for the Courier Service, in the absence of a new positioning, the Courier Service shall not be obliged to perform. When using the NDRU mobile application, if the Location Services are enabled on the User's mobile phone, his current location data will be automatically loaded, but he will have the possibility to enter his new address by entering the address.

5.4. After specifying the delivery address, the User can choose to have the vehicle delivered to the Partner's Unit by using the Courier Service and/or to have it returned to the Partner's delivery address after the Partner Service has been completed by clicking on the "Courier" button. The User is free to choose to deliver the vehicle to the Partner himself/herself or to collect it after the Partner Service has been completed. Not all Partners offer the possibility to use the Courier Service. 

5.5. After specifying the Partner Service the User wishes to order and, optionally, the current geographical location, the Platform displays the list of available Partners (Partner List). The User has the possibility to choose the order of the Partner List (list by type of Partner Service selected, geographical proximity in case of location specified by the User, etc.) The User acknowledges that the Service Provider is entitled to determine the order of the Partners, certain Partners may be given priority (swim lane, first positions in the Partner List) by agreement between the Service Provider and the Partner.

5.6. The availability (opening hours) of Partners on the Platform may vary from Partner to Partner. The opening hours indicated for a given Partner are indicative and the Partners and the Service Provider reserve the right to change the availability of the Partners. The availability of a Partner on the Platform may differ from the on-site opening hours of the relevant Unit. 

5.7. While browsing the Platform, the User is free to configure the Cart. The prices and fees on the Platform are in HUF, gross value. By clicking on the "i" button you can access the Partner's opening hours, address and map location. In the case of a discounted price, the Platform also displays the original price, the discounted price and the discount rate. You will also see the option to use the Courier Service.

5.8.The Service Provider acknowledges that the completion date and expected working hours indicated on the Platform for the given Partner are estimates and therefore indicative. This applies to all interfaces containing deadlines and working hours, in particular to the interface for tracking the order that appears after the Order, as well as to the email confirming the Order. The Service Provider shall not be liable for any early or late performance or any overrun of the work resulting from any failure to meet the stated deadline or estimated working hours and shall not be liable for any compensation.

5.9. The Partner shall determine the minimum Order value, which shall not be higher than HUF 1.000. The minimum Order value may vary from Partner to Partner.

5.10. After the shopping cart has been created, the User is automatically redirected to the Order Summary page for data verification by clicking on the "Proceed to Order" button. Here, the User checks and finalises the data required to complete the Order (Partner Service, its price, delivery address, delivery or pick-up date, personal data and telephone number, and can also make a comment to the Courier). On the Order Summary page, the User can also see whether the Courier Service is also ordered by placing the Order.

5.11. The contents of the Cart will be deleted if the User does not finalize the Order within 2 hours. Logging out of the nDRU Account without finalizing the Order on the Platform will result in the deletion of the Cart. 

5.12. Order process:

1. User selects the Partner

2. User selects from the Partner's services that he/she would like to order

3. The User chooses the time when he/she would like to pick up the car/when he/she would like the courier to arrive, if the Partner provides this option

4. The User sends the Order and the booking date, stating that

- where the Partner has its own general terms and conditions, the User declares that he/she has read and accepted the Partner's general terms and conditions relating to the Order,

- by pressing the "Place Order" button, the User finalizes the Order

- When ordering Partner Services, the Consumer must declare whether he/she requests the Partner to start the performance of the Intermediated Contract before the expiry of the deadline provided for the Consumer in Article 20 of Government Decree No. 45/2014 (II. 6.) on the detailed rules of contracts between the Consumer and the business (Fvkr.).

5. Partner receives the appointment booking. Once the appointment is booked, the Partner has three options.

6. If a new appointment is proposed, the User will be notified of the new appointment via the Platform and may accept or reject the new appointment.

7. The User may cancel the confirmed appointment 24 hours before the booked appointment free of charge.

8. The User delivers the car to the Partner at the time booked or the courier picks up the car from the User at the location indicated by the User.

9. After the delivery of the vehicle, the User will be informed about the steps of the service process.

10. The User will be notified via the Platform of any service proposals and spare parts procurement proposals made by the Partner beyond the scope of the Order. The User may decide via the Platform which of these to accept by

-       By pressing the "Order" button, the User selects the repairs proposed by the Partner and orders them.

-       In case of ordering the proposed works, if the User cancels the Order, the User shall pay the costs and fees set by the Partner.

11. The Partner shall notify the User of the progress of the vehicle service: parts order, service in progress, car completed, and other specific statuses.

12. The User shall pay the Partners for the ordered services via the Platform before taking delivery of the car.

13. The User may collect the car from the Partner after the notification of the completion of the car.


5.13.The Intermediated Agreement is concluded when the electronic confirmation of the acceptance of the Order is received by the Service Provider from the Partner. The content of the Intermediated Agreement is set out in the Annex to the GTC. In this case, the User's acceptance of the Partner's general terms and conditions is a condition for the conclusion of the Intermediated Agreement.

5.14. The Partner is solely responsible for all aspects of the Partner Service ordered by the User, and the Courier is solely responsible for the Courier Service.

5.15. The status of the Order can also be tracked on the Platform through the Order. The delivery date on the Order tracking page may change continuously, the delivery date is indicative, and the Service Provider does not assume any responsibility for the correctness of the data. The status of the Order can be tracked by means of an automatic push notification message sent by the Platform, and in the event of cancellation of the Order, the Platform will also send an automatic push notification.

5.16. The Partner issues the invoice for the Partner Service and the Courier Service on behalf of the Partner and the Courier in the name of and on behalf of the Partner and the Courier. The invoice issued in this way shall be sent by the Partner to the User by email. The User acknowledges that the invoice for the Partner Service or the Courier Service is issued on behalf of the Partner or the Courier.

6. Cancellation, modification, withdrawal, cancellation of order

6.1.The User is bound by the offer from the moment the Order is finalized. The offer shall be terminated if the Service Provider does not fulfill the Order within 30 days. 

6.2.The User has the possibility to cancel the Order 24 hours before the booked time. Consumers may cancel the Order until the conclusion of the Intermediated Contract, i.e., until the confirmation of acceptance of the Order has been received by the Service Provider from the Partner.

6.3. In relation to Partner Services for which the right of withdrawal is provided for in Article 20 of the Consumer Contract Act, the Consumer may terminate the Intermediated Contract via the mobile application. If the Intermediated Contract is for the provision of a Service and, when finalising the Order, the Consumer has expressly requested the Partner to start the performance of the Intermediated Contract before the expiry of the time limit provided for in Article 20 of the Fvkr. In the latter case, if the Consumer exercises his right of termination, the Intermediary Agreement may initiate its termination by stopping the ordering of the Service through my platform, but the Consumer shall be liable to pay the fee for the Partner Service performed by the Partner until that date, and the Consumer shall be entitled to a refund of the service fee already paid, if any, only to the extent of the portion of the Partner Service not yet performed. If the Partner Service for the provision of the Ordered Service has been fully performed by the Partner in view of the Consumer's express declaration (order confirmation) that the Partner shall commence the Intermediary Agreement before the deadline set out in Article 20 of the Intermediary Agreement, the Consumer shall lose his right of termination. The Consumer may exercise his right of withdrawal or termination by cancelling the order for the service through the Platform. The Consumer's withdrawal from the Intermediated Contract or the termination of the Intermediated Contract shall also terminate the Consumer's ancillary contracts (e.g., a contract for Courier Services). The Consumer shall bear the burden of proving that he/she exercised his/her right of withdrawal or termination in accordance with the provisions of Article 22 of the Fvkr. The Consumer may not exercise his right of withdrawal or termination under Article 20 of the Consumer Contract Act in the cases set out in Article 29 of the Consumer Contract Act 

6.4.The User is entitled to modify the Order only until the Partner has confirmed the Order to the Service Provider. The Order may be amended if the Service Provider expressly offers the User to do so in connection with the Partner Service ordered. In all other cases, if the User wishes to order additional Partner Services from the given Partner, he may do so only by placing a new Order. If the Partner has confirmed the Order and the User requests the cancellation of the original Order, the User shall not be released from his payment obligation, shall remain obliged to pay the amount of the Order and, in case of online payment, shall not be entitled to claim back the amount already paid. An exception to this is if the Consumer has exercised withdrawal or termination pursuant to Article 20 of the Fvkr. as regulated in detail in Section 6.3 above.

6.5.The Service Provider shall be entitled to cancel the Order of the User and to cancel the NDRU Account of the User who has already failed to pay the fee related to the submitted Order or has terminated the Intermediated Agreement in a breach of contract or has committed any other breach of contract either in relation to the Intermediated Agreement or these GTC.

7. Payment

7.1. The User may choose from the following payment methods when placing an Order:

- Online payment method: payment by credit card (Mastercard, Maestro, VISA)

7.2.The Service Provider is entitled to introduce or discontinue an additional payment method at any time at its sole discretion. The Service Provider shall be entitled to suspend the use of any payment method at any time, in particular in the event of technical problems or temporary inoperability.

7.3. If the Affiliate Service ordered by the User is solely for the purchase of products, the User shall pay the service fee upon receipt of the ordered product. The Service Provider shall only confirm the finalisation of the Order if the payment via the Online Payment Method was successful at the time of finalising the Order. If the User orders a Partner Service for the provision of a Service, the User shall, at its option, be obliged to make the payment upon finalisation of the Order or after the Partner Service has been completed, but before the User's vehicle is taken over from the Partner. When the online payment is made, if the transaction is successful, the payment service provider will immediately block the amount on the card provided by the User and will automatically notify the Service Provider that the payment has been made, so that the Platform will be informed that the payment of the Order has been successfully completed.

7.4. In the case of online payment, the Service Provider is entitled and obliged to accept the fulfilment (payment of the fee) of the Intermediated Agreement by the User on the basis of a separate contract between the Partner and the Service Provider. The acceptance of fulfilment is made by the User paying the total amount of the Order through the payment service provider contracted with the Service Provider.

7.5. The Service Provider records and does not store the User's credit card data. In accordance with data security requirements, the Service Provider does not have access to the card data, which may only be processed by payment service providers.

7.6. Payment by credit card is made through electronic systems operated by the following payment service providers contracted with the Service Provider, which are completely independent of the Platform:

-       Stripe Inc., registration number: 114218795, headquarters: 510 Townsend Street San Francisco, CA 94103 United States via Stripe payment system 

7.7. The Service Provider shall be entitled to switch between the primary and the backup payment service provider at any time at its own discretion and shall be entitled to suspend the use of any payment service provider at any time, in particular in the event of technical problems or temporary inoperability. 

7.8. When using the Stripe payment system, the credit card data is entered and saved on the Service Provider's interface without redirection, but the credit card data is encrypted with the Order thanks to the use of highly secure client-side encryption (CSE) technology, to which only the payment service provider has access.

7.9. If the Online Payment fails, the Server will clearly indicate this on the Platform, after which the Order can be placed again by modifying the payment details. If the User does not return to the Platform from the external electronic interface, the transaction will be deemed unsuccessful. The transaction shall also be deemed unsuccessful if the User clicks on the "Back/Back" or "Refresh" button of the browser on the external payment interface. 

7.10. The User has the possibility to save his/her credit card details (credit card number, name written on the credit card, expiry date, CVC number) in order to avoid having to re-enter these details in future Orders and thus to make the Order process easier and simpler. When saved, all data is stored as a "token" (non-reversible code), and only the token is used and transmitted for future orders. Credit card data is stored by the payment service providers.

7.11. Online payment is governed by the business rules of the payment service provider, the card company concerned and the financial institution issuing the card and crediting the amount. For Online Payment, the browser must support SSL encryption. 

8. Special provisions for the Courier Service

8.1. In case of choosing the Courier Service, the User expressly orders the provision of a car delivery service and expressly authorizes the Partner providing the Partner Service to search for and select a Courier for the User, and the User expressly authorizes the Partner to enter into a contract between the User and the Courier for the delivery on its behalf, according to the terms and conditions accepted by the User, and the Courier, by accepting the delivery request, agrees to provide the User with a delivery service on the basis of the contract between them.

8.2. The User accepts that the terms and conditions of the Courier Service contract between the User and the Courier, in particular the delivery time, the territorial limits (delivery area) and the delivery fee, are unilaterally determined by the Partner providing the Partner Service and may be unilaterally changed, even temporarily, at any time.

8.3. The amount of the delivery fee may vary depending on the distance from the given Service Unit, the time of the Order and the Couriers available in the given zone, i.e. Partner is entitled to set different Courier Service fees for Orders placed by the User to the same address from the same Partner at different times. The User acknowledges that the Courier Service Charges applied may differ for Orders placed from the same Partner to different addresses or at different times.

8.4. The expected delivery time and the delivery fee can be viewed and tracked at any time when placing the Order on the Platform. The User acknowledges that if the User changes the delivery address on the Platform, both the delivery time and the amount of the delivery fee may change, and if the Courier Service is no longer available for the delivery address of the selected Partner, the User will not be able to use the Courier Service and will have to arrange for the return of the vehicle to and from the Partner's Unit.

8.5. By ordering the Courier Service, the User undertakes to be available to deliver and collect the vehicle at the specified location at the specified time. If the User is not available at the location within +15 minutes of the specified time, the Courier is not obliged to wait for the User any longer, the Courier Service is deemed to be completed, but the User is obliged to pay the Courier Service fee. If the User is not available at the specified location at the specified time + 15 minutes, the Courier shall return the vehicle to the Partner and in such case the User shall pay the Courier Service fee plus the cost of returning the vehicle. 

8.6. The Service Provider shall not be liable for any delay or failure in the performance of the Courier Service. Neither the Service Provider, nor the Partner, nor the Courier shall be liable for any problems or errors resulting from the fact that the User has provided incorrect and/or inaccurate data required for the performance of the Courier Service.

9. Other provisions

9.1. The Parties shall perform the Order as indicated on the Platform in good faith in accordance with the terms and conditions of these GTC and the law, and shall cooperate with each other in the performance of the Order.

9.2. If the performance of the Intermediated Contract and/or Courier Service Contract has failed for reasons on the part of the User (not including the case of the exercise of the right of withdrawal or termination to which the Consumer is entitled by law), the User may not claim back from the Service Provider the service fee or purchase price of the Intermediated Contract or Courier Service Contract already paid.

The Parties stipulate that the contract for the Courier Service shall be terminated for reasons on the part of the User, in particular, but not exclusively, in the following cases:

- The User has chosen the wrong delivery address or has entered the wrong address, after the User is not available after 15 minutes from the time of arrival at the delivery address and the Courier has called the User at least twice.

- The Courier cannot find or reach the User after the User is unavailable after 15 minutes from the time of arrival at the delivery address and the Courier has called the User at least twice.

- The User does not provide the Courier with the tools necessary for the operation of the vehicle or the documents required by law for use on the road (e.g. registration licence).

The Parties stipulate that the contract for the Intermediated Service shall be terminated for reasons on the part of the User, in particular, but not exclusively, in the following cases:

- The User has requested to modify the Order after placing the Order, but only after the confirmation of the Partner (conclusion of the Intermediated Contract), the User requests the cancellation of the Order (not including the case of the exercise of the right of withdrawal or termination to which the Consumer is entitled by law).

- The Courier Service Contract shall be terminated for any reason and the User shall not arrange for the delivery of the vehicle to the Partner's Unit.

9.3. The User acknowledges that if the Partner is unable to fulfil the Order, the Service Provider may cancel the Order, thus having the right to terminate the Intermediated Agreement between the Partner and the User. The Service Provider shall inform the Parties of the cancellation of the Order by sending a push notification message to the User and, in the case of online payment, shall arrange for the refund or reinstatement of the amount paid by the User.

9.4.The Service Provider shall not be liable for the failure or cancellation of the Order or for the termination of the Intermediary Agreement, and shall not be liable for the User's damages - property damage, costs, loss of profit - in the event of the cancellation of the Order or the Partner's or the Courier's faulty performance.

10. Handling complaints

10.1. In the event of a complaint or claim, the User is entitled to contact the Service Provider's customer service at one of the following contact details:

 Click on "Customer Service" in the drop-down menu on the NDRU website, "Customer Service" in the app

Postal address: 1221 Budapest, Hajó utca 1.

E-mail address: info@drivendru.com

10.2. The Service Provider's handling of complaints is always free of charge.

10.3. The Service Provider will immediately investigate and, if possible, immediately remedy the problem requiring immediate resolution, and in all other cases will respond to the complaint within 24 days.

10.4. If the problem cannot be solved in any other way, the Service Provider may contact the User by telephone. If the Service Provider contacts the User in connection with a complaint, the Service Provider shall record the User's complaint by telephone for the purpose of handling and documenting the complaint, and shall keep the recorded voice recording for 5 years from the date of recording. If the User does not consent to the recording of the telephone conversation by the Data Controller in accordance with the provisions of the Data Management Information, the User may submit the complaint by post (1221 Budapest, Hajó utca 1) or by e-mail (info@drivendru.com). The User has the possibility to request a copy of the audio recording of the telephone conversation, which the Service Provider shall comply with within 25 days from the receipt of the relevant request. The User may request the audio recording by post (1221 Budapest, Hajó utca 1) or by e-mail (info@drivendru.com). The Controller shall provide (by post) a copy of the audio recording free of charge. 

10.5. During the investigation of the complaint, the User shall cooperate with the Service Provider and provide the necessary information and documents.

10.6. If the Consumer's complaint is rejected in whole or in part, or if the time limit set above for the investigation of the complaint has expired without result, the Consumer may refer the matter to the competent authorities in his/her place of residence:

 Contact details of consumer protection authorities:

  • https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag

In Budapest, the Consumer Protection Department of the V. District Office of the Metropolitan Government Office:

  • Address: 1051 Budapest, Sas u. 19. III. floor.

  • Phone: +36 (1) 450-2598

  • E-mail cím: fogyved_kmf_budapest@bfkh.gov.hu


    Contact details of Conciliation Boards by territorial jurisdiction:

  • https://www.bekeltetes.hu/index.php?id=testuletek

  • Contact the Budapest Conciliation Board:

  • Address: 1016 Budapest, Krisztina krt. 99.

  • Phone number: +36 (1) 488-2131

  • Fax number: +36 (1) 488-2186

  • E-mail: bekelteto.testulet@bkik.hu 

10.7. The Consumer has the right to take the matter to court in the event of a dispute regarding the complaint.

11. Processing of personal data

11.1. The detailed rules for the processing of the User's personal data are set out in the Service Provider's Privacy Policy. 

12. Intellectual property rights in relation to the Platform

12.1. All material on the Platform, its entire text, graphics and other content, the structure of the Platform, the source code and any other intellectual property is protected by copyright and other intellectual property rights. The Service Provider is the exclusive owner of the copyright and other intellectual property rights. Any use of the content of the Platform or any other intellectual property of the Service Provider is subject to the prior written consent of the Service Provider.

12.2. Unauthorised use of the Platform's content may result in sanctions under criminal law, in addition to trademark, copyright and civil law claims.

13. Establishment and termination of the Contract

13.1. The Contract between the Service Provider and the User is concluded upon registration of the User. 

13.2. The Contract between the User and the Service Provider shall be deemed to be a contract concluded by electronic means, to which the provisions of the Civil Code and the E-Commerce Act applicable to electronic commerce services shall apply. The Intermediated Contract shall be deemed to be in writing and its data stored in writing shall be identical to the data of the Order. The data of the Intermediated Contracts concluded through the Platform can be viewed retrospectively under the "Service History" menu. The language of contracting and communication is Hungarian.

13.3. The Intermediated Agreement shall be concluded when the electronic confirmation of the Order is received by the Service Provider from the Partner, provided that the User or the Consumer has not withdrawn the Order by that time.

14. Scope and duration of the GTC 

14.1. The scope of these GTC shall cover the Service provided by the Service Provider to Users in Hungary. 

14.2. These GTC apply to all uses of the Services (mobile website, mobile applications, etc.) through which the Platform is accessed. 

14.3. The GTC are effective from the date set out above and are valid indefinitely.

15. Amendments to the GTC and availability 

15.1. The Service Provider may unilaterally modify the terms and conditions of these GTC at any time. This right also expressly extends to the annexes to these GTC. Any amendment shall enter into force at the same time as it is published on the Platform.

15.2. The GTC and its previous versions are available here: www.drivendru.com/aszf

16. Final provisions 

16.1. The level of security of the Platform operated by the Service Provider is adequate, however, the User is recommended to take the following precautions: use virus and spyware protection software with a fresh database, install security updates of the operating system. The use of the Platform implies the User's knowledge of the technical and technological limitations of the Internet and acceptance of the potential for error inherent in the technology. 

16.2. The Service Provider shall not be liable for the content, data and information protection practices of external websites accessible from the Platform as a steppingstone. If the Service Provider becomes aware that the linked page or the linking violates the rights of third parties or the applicable laws, it shall immediately remove the link from the Platform. 

16.3. The Service Provider shall not be liable for any damage caused by the connection to the Platform. The User is responsible for the protection of his/her computer and the data on it.

16.4. It is expressly prohibited to transmit, publish or share content on the Platform that is not legally permitted. The Service Provider reserves the right to delete content uploaded by Users. 

16.5. The Contract may be terminated by either the User or the Service Provider without giving any reason by sending an e-mail to the User or to the Customer Service, and the User may delete his/her NDRU Account by clicking on the "Delete Account" button in the Profile menu, in which case the contract between the Service Provider and the User shall terminate simultaneously with the deletion of the Account and the personal data associated with it. The User acknowledges that upon termination of the Contract or deletion of his/her NDRU Account, all data stored in the NDRU Account will be permanently and irretrievably deleted, such as the User's service history.

16.6. The Service Provider shall be entitled to assign any rights or obligations arising from the Services, in whole or in part, without the consent of the User, to its successor, affiliate or other business entity acquiring the assets and property of the Service Provider. 

16.7. The Service Provider does not subscribe to any code of conduct. 

16.8. The Contract shall be governed by the provisions of Hungarian law.

The legislation referred to in the GTC and the legislation otherwise applicable to the Contract and the Service: 

- Act V of 2013 on the Civil Code (Civil Code)

- The General Data Protection Regulation (Regulation (EU) 2016/679; GDPR)

- Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (Infotv.)

- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (Elkertv. )

- Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (Fttv. )

- Act XCL of 1997 on Consumer Protection (Fvtv. )

- Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses (Fvkr. )

- Act LVII of 1996 on the Prohibition of Unfair Market Behaviour and Restriction of Competition (Act on Unfair Competition)

- Act XI of 1997 on the Protection of Trademarks and Geographical Indications (Act on the Protection of Trademarks and Geographical Indications) (Act XI of 1997)

 Annex 1 - Content of the Intermediated Contract

  1. The Intermediated Contract is concluded when the electronic confirmation is received by the Service Provider after the Order has been placed. The content of the Intermediated Contract is set out in this Annex.

  2. An Intermediated Contract is a contract concluded by electronic means, to which the provisions of the Civil Code and the E-Commerce Act applicable to electronic commercial services apply. The Intermediated Contract shall be deemed to be in writing and its data stored in writing shall be identical to the data of the Order. The details of the Intermediated Contract and Order can be viewed retrospectively under "My Orders". The language of contracting and communication is Hungarian.

  3. The Partner shall bear all responsibility for the current content on the Platform, the offers displayed, their availability and quality. The User may contact the Partner in the event of quality complaints regarding the Partner Service, and may only assert claims against the Partner.

  4. The Partner shall be responsible for the provision and correct content of the information required by law on the Products and Partner Services. The Service Provider only acts as an intermediary for Orders, and is therefore not involved in the provision of the Partner Service, nor in the assembly, procurement, production or installation of the related products, and has neither influence nor insight into them, and is therefore not subject to the information obligations under this clause. However, the Service Provider shall, by designing the Platform accordingly, create the necessary conditions to enable the Partner to comply fully with the above legal provisions imposed on it. The Service Provider's liability shall be limited to the accurate presentation of the data provided by the Partner in the correct form. The Partner shall be obliged to provide the Service Provider with the data in accordance with the legislation in force prior to their publication on the Platform and to notify the Service Provider without delay in the event of any changes. The Partner shall be solely responsible for the legality, completeness and accuracy of the data provided. 

  5. The Partner shall be liable to the Consumer for all liability in accordance with the applicable national and EU legislation, including mandatory warranty periods, product warranty, accessory warranty, quality assurance standards, safety regulations, description of methods of use.

  6. In any case, in addition to the mandatory information required under the legislation in force, the Partner distributing the products concerned must, at the express request of the Consumer, inform the Consumer of the warranty, accessories and product guarantee conditions applicable to the product concerned and of the conditions of the Partner Service's accessories guarantee. This obligation is fulfilled directly by the Partner and is not collected, stored or disclosed by the Service Provider. The Service Provider undertakes to forward any such requests from the Consumer to the Partner.

  7. The Partner is responsible for the handling of complaints from Consumers, with the Service Provider's involvement (see the provisions of the GTC on complaints handling).

  8. The delivery, if the Partner provides the User with the possibility of a Courier Service, is the sole responsibility of the Partner.

  9. In the event of non-performance or improper performance of the Intermediated Agreement, the provisions of Chapter 9 of these GTC shall apply to the extent that they are applicable mutatis mutandis to the Intermediated Agreement between the Partner and the User.

  10. The Partner is responsible for the non-performance or improper performance of the Order and shall be liable to the User in particular, but not exclusively, in the following cases: the Partner's Unit being closed, product failure, technical problem, incorrect information or offer on the Platform, delayed performance of the Partner Service.

  11. If the Partner sells a product or provides a Partner Service in respect of which the Consumer has the right of withdrawal or termination provided for in Article 20 of the Consumer Contract Act, the Partner shall create the conditions for the Consumer to exercise these rights properly. The Partner shall immediately notify the Service Provider in writing of the Consumer's withdrawal or termination.

  12. The Consumer may not exercise his right of withdrawal or termination under Article 20 of the Consumer Contract Act in the cases specified in Article 29 of the Consumer Contract Act.

  13. The Consumer can exercise his right of withdrawal by sending a clear declaration to the Service Provider via a mobile application.

  14. The Service Provider does not examine the legality of the exercise of the right of withdrawal, the right of termination, the legality of the related refund or its possible refusal. The Supplier shall make the refund to the Consumer in the same way as the payment method used by the Consumer.

  15. If the Service Provider has already settled with the Partner the value of the Order, the refund is the responsibility of the Partner.