1.1
It is recorded as the precedent of the GTC that the operation of the Website and the Web shop, the use of the service functions contained therein, all offer opportunities for Internet commerce that provides users with a high degree of innovation in online shopping.
2. Definitions of terms used in the contract
2.1
Login: filling the appropriate fields on the Website with the username and password received during the registration process by the User, which is defined as a condition of purchase in the Web shop, and the step that can be performed by clicking on “Login”. Without logging in, the User is only entitled to use the functions open to Visitors.
2.2
User: a natural person registered on the Website, who – after logging in – is entitled to purchase in the Web shop and who holds rights according to the second level of use.
2.3
Subscriber: the Visitor or User who subscribes to the Newsletter.
2.4
Newsletter: information sent by the Company to the natural persons subscribed to it regularly, by e-mail, containing the latest webshop offers and promotions.
2.5
Cart: a virtual “shopping cart” for collecting the product(s) selected by the prospective Customer for the Order. The prospective Customer may only place an Order for the product(s) placed in the Cart.
2.6
Shopping cart collection: the step to be taken during the ordering process of the products sold in the Web shop, which is the selection of the given product and putting into the Cart. Adding to Cart does not qualify as an Order.
2.7
Visitor: a natural person who enters the Website without registration, who holds rights according to the first level of use, and is entitled to place an Order.
2.8
Order: the step which also includes clicking on the “Order” button, which means activating the order and establishing a legal relationship between the Customer and the Company regarding the sale and purchase of the product.
2.9
Customer: User and Visitor who shall place an order.
2.10
Product page: a sub-website for each product distributed in the Web shop, which is used for a detailed presentation of the products.
2.11
Pick-up point: The business premises of the Company under the place of H-1052 Budapest, Váci utca 12. 3. floor. 1.
2.12
Buyer: a Customer who has paid the Purchase price of the ordered Product.
2.13
Purchase price: the amount determined as the consideration for the product, which is indicated as a price on the Product Page of the given product and upon payment of which the Customer becomes the Buyer.
2.14
Appendix 1: the appendix entitled “Data Protection Information”, which forms an integral part of the GTC.
3. General provisions
3.1
The use of the Website is possible at one of the use levels specified below. The use levels are associated with the right to use different functions such that the level of use that allows more functions to be used includes the use of each of the functions provided by the levels of use that allow fewer functions to be used. Visiting the Website and the registration on it are always on a voluntary basis.
3.1.1
The Visitor is entitled to view, download and subscribe to the Newsletter content of the Website. Pursuant to the above, the Visitor has the opportunity to get to know the Product pages of the products offered for sale in the Web shop, to collect their product(s) into the Cart and to purchase them in the Web shop. The Company reserves the right to make certain invitations to tender and discounted purchase options visible and accessible only to the Users on the Website.
3.1.2
The User is entitled to purchase in the Web Store. Only natural persons with legal capacity have the opportunity to register on the Website, if a person without legal capacity or with limited legal capacity may register – giving a false answer to that question – the Company excludes liability for the resulting damages.
3.1.2.1
The User may initiate the cancellation of its registration, which the Company is obliged to do – if the appropriate procedures are followed. If the User violates the provisions of the GTC, the Company is entitled to cancel its registration.
3.1.2.2
If the User’s registration is canceled – from the time the deletion is made – the User loses the right to use the functions of the Website made available to Users. After the cancellation of the registration, the former User is not bound by the provisions of the GTC – with the exception of the rules applicable to Visitors. Prior to the cancellation of the registration, the Company will send a warning – by e-mail sent to the e-mail address provided during the registration process – to the User, in which the Company shall call for the termination of the activity giving rise to the cancellation of the registration by setting a deadline of five (5) days or restore a condition that violates the provisions of the GTC. If the User does not comply with the terms of the notice within the deadline, the Company is entitled to cancel the User’s registration without any further notice. However, if the User complies with the warning, the Company will not apply the sanction of cancellation of the registration. If the User’s act/omission justifies to sending of the warning e-mail specified above, which causes damage to the Company, the Company is entitled to restrict the use of the functions available on the Website for the User during the above deadline.
3.1.2.3
If the User’s registration is canceled due to a breach of the provisions of the GTC, the User is not entitled to re-register on the Website within six (6) months of the cancellation.
4. The subject of the GTC
4.1
If the Customer orders the product in the Web shop, a sales contract – hereinafter referred to as: sales contract – is concluded between the Company as a seller and the Customer as a buyer in relation to the Ordered product. The terms and conditions of the sales contract are, on the one hand, the terms and conditions chosen by the Customer during the Order (especially for payment and delivery) and on the other hand, the provisions of the GTC. Based on the sales contract, the Customer shall be entitled to transfer the ownership of the product to the Customer and to take over the product, and the Company shall be entitled to the Purchase price. The above rights are satisfied in accordance with the conditions chosen by the Customer during the Order.
4.2
The contract specified in Section 4.1. shall be qualified as an online contract according to Section 2 ja.) of the Act CVIII of 2001 on certain aspects of electronic commerce services and information society services – hereinafter referred to as: E-services Act and as a contract between absentees according to 45/2014. (II.26.) of the Government Decree on the detailed rules for consumer-business contract – hereinafter referred to as: Government Decree, thus the provisions of the above legislation are governing.
5. Order
5.1
With the implementation of the last element of the ordering process, so with the Order concluding a contract according to Section 4., the Customer shall be entitled to demand the delivery of the product from the Company. According to Section 6 (2) of the E-services Act, the Company is obliged to confirm the completion of the Order to the Customer within the expected time limit from the sending of the Order, but no later than forty-eight (48) hours. Confirmation is sent to the Customer via e-mail to the e-mail address provided during the registration process, containing the order ID, the identification of the Ordered product(s) and the selected (primarily payment and delivery) conditions. Confirmation of the Order – according to Section 6 (3) of the E-services Act – shall be deemed to have taken place if the confirmation e-mail indicated above becomes available to the Customer.
5.2
The Company excludes its responsibility from bearing the resulting claim for damages in the event of non-receipt of the confirmation by the Customer, if the Company is able to prove that the confirmation e-mail was sent to the Customer within the deadline.
6. Obligation to notify
6.1
If the Company is unable to deliver the product purchased through the Web shop to the Customer for a reason that is not attributable to the Company and which actually exists or serves as an obstacle to performance, the Company shall undertake to notify the Buyer immediately at the e-mail address provided during the registration process – hereinafter referred to as: Notification. In case of Notification, if the Purchase Price has already been paid by the Customer, the Company is obliged to repay it to the Customer. In the event of a dispute, the burden of proving the existence, seriousness or impediment of the cause lies with the Company.
7. Rescission
7.1
The Customer is entitled to rescind the sales contract established with the Order without explanation as defined in the Regulation and this (7.) section – with the exception of the products included in Section 29 (1) d-e.) of the Regulation. The Customer may exercise its right of rescission within seven (7) days from the day of the receipt of the product.
7.2
If the Customer exercises its right of rescission according to Section 7.1., then the Customer is obliged to return the product for the Company at its own expense by delivering the product to the seat of the Company or arranging its return by post. The condition of exercising the right of rescission is the return of the involved product – together with all intact packaging and product elements – for the Company. Besides that, no other costs are borne by the Customer, but the Customer is obliged to compensate the Company for the damage resulting from the improper use of the product.
7.3
If it turns out after the confirmation determined in Section 5.1. of the Order that the Company was unable to deliver the Ordered product, then the contract for the given product concluded in accordance with Section 4 shall be terminated. In this case, the provisions of Section 7.2. shall be properly governing with the fact that the product affected by the rescission of the Customer corresponds to the product in respect of which the contract or the performance has been terminated.
7.4
The Company is obliged to repay to the Customer the amount, which was paid by the Customer to the Company as the Purchase price of the chosen product, after the exercise of the right of rescission or the awareness of the failure of performance as detailed in Section 7.3. immediately but no later than thirty (30) days thereafter.
8. Information
In this section of the GTC, the Company informs the Visitors and Users about the followings on the basis of its obligation determined in Section 9 (1) of the Regulation.
8.1
Payment, payment methods
The Customer is obliged to pay the price of the Ordered product to the Company on the day of the Order. For the products marketed through the Web store, the payment methods available on the Product page are as explained in detail on the Website and below. The Company reserves the right to choose only one of the payment methods set out below for certain product(s).
8.1.1
Prepaying by bank transfer using Apple Pay or PayPal payment system
If the Customer chooses this payment method, after placing the Order, the Customer may perform its obligation to pay the Purchase price – or the amount specified in the e-mail confirming the Order – through Apple Pay or PayPal system by transferring the above amount to the bank account of the Company in advance prior to receipt of the product.
8.1.2
Credit card payment
If the Customer chooses this payment method, the Customer may perform its obligation to pay the Purchase price – or the amount specified in the e-mail confirming the Order – through Apple Pay or PayPal system.
8.2
Delivery methods
The Customer is able to choose from the delivery conditions explained below in order to access the products which were purchased through the Web shop by the Customer. The Company reserves the right to choose only one of the delivery methods set out below for certain product(s).
8.2.1
Home delivery by courier service
8.2.1.1
If the Customer chooses this delivery method, the Ordered product(s) shall be delivered by the courier service which was entrusted by the Company (which is displayed when the delivery mode is selected) to the Customer – to the Hungarian or Slovakian address specified as the delivery address in its user account. If the Customer wishes to request the delivery to an address other than the one specified as the delivery address in its user account, the Customer is able to do that by entering the address recorded in the appropriate place during the ordering process. It is stated that the courier services entrusted by the Company shall deliver the ordered product(s) in accordance with the conditions set out on its website. It is stated that the delivery of the products ordered through the Website is performed by the Company only to addresses within the territory of Hungary and Slovakia. If the address of the Customer is out of the territory of Hungary or Slovakia and the Customer delivers and pays the Purchase Price with the fact a Hungarian or Slovakian delivery address was not given, the Company excludes its liability for the satisfaction of any resulting claims.
8.2.1.2
The Ordered product(s) shall be delivered within 2-7 working days within the territory of Hungary, while the delivery time to the territory of Slovakia takes 7-14 working days.
8.2.2
Personal collection at a pick-up point
If the Customer chooses this delivery method, then the Customer may receive the product at the Pick-up point specified by the Company.
8.3
The prices on the Product pages for each product – vas Purchase prices – include the amount of value add tax – hereinafter referred to as: VAT. If the Customer chooses the delivery method when ordering the product, according to which the product will be delivered to the address provided by the carrier, about the cost of this delivery the Customer shall be informed during the selection of the delivery method. The freight includes the amount of VAT.
8.4
The purchase process in the Web shop – with the exception of the Purchase price and the freight free – is free of charge, the e-mail communication required for the purchase has no cost implications.
8.5
With the acceptance of this GTC, the User shall consent to the Company issuing only electronic invoice – hereinafter referred to as: e-invoice – after each purchase of the User through the Web shop in accordance with Section 175 of the Act CXXVII of 2007 on the value added tax – hereinafter referred to as: VAT Act. It is stated that the User, with the except of the invoice, shall not lay claim to issue accounting document by the Company after the purchase through the Web shop.
8.6
The Company states that invitations for tendering published in the Web shop are valid until their withdrawal or while stocks last.
8.7
Where this GTC prescribes written communication, the addressee shall be obliged to send letters by special postal service with postal receipt. If a written letter shall be sent to the User, the Company may do so by sending letter to its address (mailing address) provided by the User during the registration process. The mailing address of the Company is found on the Website.
9. Newsletter
9.1
At any user level, any person has the opportunity to subscribe to the newsletter, which shall be done by using the subscription window on the Website. With the subscription, the Subscriber expressly consents to the Company sending information about the innovations on the Website, the promotions available in the Web shop and other information related to the system of the Company by e-mail – hereinafter referred to as: Newsletter – to the e-mail address given by the subscriber person during the subscription.
9.2
The subscription to the Newsletter is always on a voluntary basis, the Visitor or the User of the Website is able to unsubscribe from the Newsletter at any time without consequences.
9.3
With the subscription to the Newsletter, the Users consent to the Company to manage their data determined in Annex 1. The consent pursuant to this Section (9.3.) shall comply with Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information – hereinafter referred to as: Information Act – and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EK.
10. Intellectual property
10.1
On the basis of Act LXXVI of 1999 on the copyright – hereinafter referred to as: Copyright Act – the Website, the Web shop and the entire content placed on these platforms, as well as each of their elements – hereinafter referred to as: Work – are under the protection of copyright, which belongs to the Company.
10.2
No part of the Work may be copied, recorded either by analog or digital means, reproduced, distributed, forwarded, downloaded, edited, resold or released. The use of any content of the Work in any form, whether for commercial or other purposes, is only possible with the prior written consent of the Company.
10.3
The violation of the above mentioned – in any form – shall result the calling to recount of the infringer.
11. The limitation and exclusion of liability
11.1
The Company shall not be liable for the continuous, error and virus free operation of the Website and other related websites. Furthermore, the Company shall not be liable for any damages resulting from any errors in the communication devices, the Internet network or any software failures.
11.2
The Company shall prepare the description of the products and services – placed on the Product page – entirely by disclosing the information provided by the Partners – without any changes –, thus, if there is a discrepancy between the description of the product and the actual product, the Company shall exclude its liability for any resulting damage. It is stated that the Partner which provides different information from the given product is solely liable for the fulfillment of the customer needs arising from the difference.
11.3
The Company reserves the right to execute the submitted Order only in case of choosing the payment method in which the Purchase price is paid in advance in respect of those Customers/Buyers who have violated the payment provisions contained in this GTC several times before the Order.
12. Other issues related to the use of the Website
12.1
During the use of the Website, the User is obliged to act in accordance with the requirements of good faith and fairness, and in compliance with the relevant legal regulations. Based on the above, the User may not use the Website to distribute infringing content, computer viruses or to collect unauthorized data. If this happens, the User is liable for any violations, infringement, criminal or damages. The User is liable to the Company specially for all damages suffered by the Company as a result of the User’s irregular and/or illegal use of the Website. If the Company shall become aware of any irregular and/or illegal use of the Website by the User, then the Company is entitled to delete the registration of the Use according to Section 3.2.2.1.
12.2
The User – without the prior written permission of the Company – is not entitled to use the Website for advertising or other promotional purposes, the use of the Website for political purposes is strictly prohibited.
12.3
The Company reserves the right to change or delete any part of the Website anytime.
13. The acceptance and amendment of the GTC
13.1
The acceptance of this GTC is the condition of the registration of the Website so becoming a User. During the registration process, the acceptance of the GTC shall be implemented with an express statement. The acceptance of the GTC means that the User shall acknowledge that the contents of the GTC are binding on the User.
13.2
By accessing the Website, the Visitor shall acknowledge that the relevant provisions of this GTC are binding on the Visitor.
13.3
The Company reserves the right to review the provisions of this GTC quarterly once (1) and to initiate amendments if it is necessary, due to the provided services, the distribution of the web shop products and the adjustment to possible legal changes. The amendment of the GTC is initiated and accepted by the Users as follows. At least fifteen (15) days prior to the entry into force of the amendments to the GTC, the Company shall inform the Users about the provisions of the GTC affected by the amendment by e-mail sent to the e-mail address provided during the registration process. If the User Logs in to the Website after receiving the e-mail corresponding to the above, its act means the express acceptance of the amendment/amendments of the GTC. If the User does not logs into the Website prior the entry into force of the amendment/amendments of the GTC, but does not object to the amendment due to the sent e-mail, the amendment shall be deemed accepted by the User by implied conduct.
14. Miscellaneous and closing provisions
14.1
The Parties shall try to settle the legal disputes arising from the sales contract concluded between the Company and the User or the Visitor – hereinafter referred to as: Parties – with the Order (purchase) made in the Web shop, primarily through negotiations between them. In the event that this shall not work, the Parties settle their dispute before a court with the jurisdiction for the case – according to the provisions of Act CXXX of 2016 on the Hungarian Civil Procedure.
14.2
In matters which are not regulated by this GTC and its annex, which is inseparable part of it, the provisions of the legislation of Hungary in force at any given time, but primarily the provisions of Act V of 2013 on the Hungarian Civil Code, the E-services Act, the Regulation and the Government Decree.
14.3
If any part of this GTC becomes invalid or unenforceable, it does not affect the validity, legality and enforceability of the remaining parts. Instead of an invalid provision or an invalid provisions thereof, a provision shall be applied and the invalid provision shall be replaced with a provision which is closest to and valid for the economic purpose pursued by the invalid provision.