General Terms and Conditions
This General Terms and Conditions (hereinafter as GTC) contains the terms and conditions of use that apply for the Internet-based store operated by the Service Provider at the www.seraphstore.com website (hereinafter as “Webstore”) and for the buyers of the Webstore and for the visitors of the website, and the requirements for making purchases and entering into contract through the Webstore, and the conditions that apply for the legal relation resulting from the conclusion of the contract. The rules determined in this GTC are not applicable for other websites accessible through the www.seraphstore.com website, independently of their nature, the services provided by them, or the identity of the operator. The provisions of this GTC are to be applied to every commercial transaction in the territory of Hungary that is concluded between Parties determined in this agreement. The agreements concluded under this GTC are not filed, they are only concluded by electronic means, and are not considered to be written contracts, and are written in Hungarian. Should you have any questions regarding the operation, ordering process, shipping process of the Webstore, please contact us on the contact details provided. Service Provider is not subject to a code of conduct.
1. DATA OF SERVICE PROVIDER Name of Service Provider: Seraphstore.com Korlátolt Felelősségű Társaság Registered seat of Service Provider: 1114 Budapest, Móricz Zsigmond körtér 4. 4/3. Electronic email address of the Service Provider regularly used for communication with customers: email@example.com Head office, mailing address: 1114 Budapest, Móricz Zsigmond körtér 4. 4/3. Customer service contact details: 06-1-99-88-055 (automated telephone customer service), firstname.lastname@example.org Company registration number: Cg. 01-09-186026 Tax number: 24854391-2-43 Registering authority: Budapest Municipal Court of Registration Registered in: 2014. Language of the contract: Hungarian Name, seat, email address of webhosting provider: ShopRenter.hu Kft.; 4028 Debrecen, Kassai út 129.; email@example.com
2. GENERAL PROVISIONS
2.1. Issues not regulated herein, and the interpretation of this GTC are governed by the laws of Hungary, with special regard to the applicable provisions of Act V of 2013 on the Civil Code (hereinafter as “Ptk.”) and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (hereinafter as “Elker. tv.”) and Govt. Decree 45/2014 (II.26.) on the Detailed Rules of the Contracts between Consumers and Companies. The compulsory provisions of the applicable legislations are to be applied without explicit obligation.
2.2. This GTC became effective from February 13, 2018, and remains in effect until it is revoked. Service Provider maintains the right to unilaterally modify this GTC. Service Provider shall inform Users of any modification prior to taking effect in a system message that appears at login. By using the website(s), User accepts and acknowledges that every regulation related to the use of the website(s) automatically applies to him or her.
2.3. When User logs in the Webstore operated by the Service Provider, or reads its content in any way, even if he or she is not a registered user of the Webstore, he or she accepts the provisions of the GTC as binding for him or her. If User does not accept the terms and conditions, he or she is not entitled to view the contents of the Webstore.
2.4. Only some of the services of the Webstore are accessible to Users without registration. Purchases in the Webstore can be made by submitting an order by electronic means in the way determined by this GTC, which, however, is subject to registration.
2.5. Service Provider maintains every right related to the content and the reproduction of the content or a part of the content of the Webstore, and any content displayed on it. It is forbidden to download, store by electronic means, process or sell the content or a part of the content of the Webstore without the prior written consent of the Service Provider.
2.6. Websites where a link pointing to the Webstore operated by the Service Provider is placed cannot make the impression that Service Provider recommends or endorses the use or the purchase of the product or service promoted or sold on that website. The website containing the link cannot contain false information about the Webstore operated by the Service Provider, or about the legal relation between the Service Provider and the website containing the link. Service Provider shall take action in case of every link pointing to it if it damages the reputation or the interests of the Webstore operated by the Service Provider.
2.7. The copyrights of the whole content on the Webstore operated by the Service Provider (text, articles, product brochures, notices, this GTC etc, diagrams, images, other information or data), in the absence of a provision to the contrary, are the possession of Service Provider without any territorial or time-related limitation. It is especially forbidden to use the content downloaded from the Webstore operated by the Service Provider for purposes other than purchases, to rework or reproduce them, or to engage in any similar activity with regard to it. Service Provider shall take immediate legal action against the infringer in the event that its copyrights or other rights are infringed.
2.8. By using the Webstore operated by the Service Provider, User accepts that copying the content of the Webstore operated by the Service Provider, or using it for purposes other than the ones determined herein are regarded as an infringement, i.e. a breach of this GTC, if such content is not under copyright protection. User accepts that he or she shall pay a penalty fee to Service Provider in the amount of HUF 50,000 for every case of infringement, without the need to prove the resulting damage incurred by Service Provider.
2.9. Service Provider maintains the right to file action in court or in front of other public authorities against any person who commits infringement when using the Webstore operated by it, or anyone who attempts to commit such an infringement. Service Provider rejects any liability for any infringement by any third party to the detriment of any User. 2.10. In case of a violation of rights related to the website or the use of the website, or when the interests of Service Provider are harmed, Service Provider shall have the right to immediately suspend the registration of the User, and delete his or her personal or other data, along with his or her registration. The data, however, may be further processed for the purpose of pursuing the procedures related to the violation of rights or interests. Service Provider has no obligation to notify User of the measures that are related to the suspending of the registration, the deleting of the personal or other data, and deleting of the registration of the User.
3. PRODUCTS AND SERVICES THAT CAN BE PURCHASED
3.1. The products displayed in the Webstore can only be ordered online. The prices of products are displayed in Hungarian Forint, and are inclusive of the VAT required by law, but do not contain the cost of shipping. No extra packaging cost is charged.
3.2. Service Provider shall display the name, a detailed description, and a photo of the product in the Webstore. The images displayed in the product data sheets can differ from the original, they are for illustration purposes only. We do not accept any liability for any difference between the image displayed in the Webstore and the real life appearance of the products.
3.3. Service Provider maintains the right to modify the prices available through the website, provided that the modification takes effect at the same time as it is announced on the website. Modifications shall not retroactively affect the price of the products already ordered.
3.4. If, in spite of the care taken by the Service Provider, inaccurate prices are displayed on the website of the Webstore, especially when the prices are obviously inaccurate, e.g. prices that are displayed which are significantly different from the publicly known and generally accepted or estimated prices of the products, or prices of HUF 0 or HUF 1 that are displayed as result of a system error, Service Provider shall not be required to provide the products at the inaccurate prices but may offer to provide the products at the correct prices. Users have the right to withdraw from the purchase when they become aware of the real prices.
3.5. If promotional prices are introduced, Service Provider shall fully inform Users of the promotion and its exact time.
4. ORDERING/PURCHASE PROCESS
4.1. Only registered Users are allowed to place orders in the Webstore. Both natural persons and legal entities can register. After the registration, Users log in to the Webstore and can start shopping.
4.1.1. No valid registration is required to make a purchase through the website, however, Customers have an opportunity to register on the website. Customers who would like to register should click on the “Registration” menu, fill out the registration form as requested, and then they can complete the registration by clicking on the “Registration” button. The following data need to be provided to Service Provider in the registration form: - Surname - First name - Telephone number used for communication - Email address - Password - Password again - Invoicing details (invoicing name, country, address)
4.1.2. User may subscribe to Service Provider’s newsletters by ticking the checkbox in this screen. Subscribing to the newsletter is voluntary. By subscribing, User explicitly consents that Service Provider at regular intervals may send information and marketing-related content to the email address User has provided. User may at any time unsubscribe from the newsletter in the menu “Subscribe to and unsubscribe from newsletters” or by clicking on the “Unsubscribe” link at the end of each newsletter.
4.1.3. In order to submit his or her registration, User must accept the GTC and the information available on the data protection page by ticking the checkbox in this screen.
4.1.4. Service Provider shall inform User of a successful registration in an email in which User may survey the summary of the data he or she provided during the registration.
4.1.5. After a successful registration, User may log into the Webstore by providing the login details (email address, password) through the “Enter” menu to be found at the top of the website. User has an opportunity to save the login credentials on the website so that next time he or she does not need to log in again. He or she can do it by clicking on the “Remain logged in” option.
4.1.6. User may at any time delete his or her registration by sending a message to firstname.lastname@example.org. On receiving the email, Service Provider shall without delay arrange the account to be deleted. User data will be removed from the system immediately; however, this does not affect the storing of the data and the documents that are related to orders that have already been submitted and have not been deleted. Once the data is removed, they can no longer be restored.
4.1.7. User shall be solely responsible for keeping the user login data (especially the password) safe. If User becomes aware that unauthorized persons may have gained access to his or her password that he or she provided during the registration, he or she shall without delay change his or her password, and if it can be suspected that such third persons misuse the password in any way, he or she shall notify Service Provider immediately.
4.1.8. User agrees to update his or her personal data provided during the registration when necessary so that they remain up to date, complete and accurate.
4.2. User sets the number of items he or she intends to purchase.
4.3. User places the selected items in the cart. User may at any time view the contents of the cart by clicking on the “view” icon.
4.4. If User wishes to place more items in the cart, he or she needs to select the “continue shopping” option. If User does not intend to purchase any more products, he or she checks the number of items he or she intends to purchase. He or she may delete the contents of the cart by clicking on the “delete - X” icon. The contents of the cart are refreshed automatically after the number of items have been finalized. Should this not happen, User clicks on the “refresh/refresh cart”. Once User has selected the product(s) that he or she intends to purchase, he or she can purchase them by clicking on the “to checkout” icon.
4.5. User selects the shipping address, the mode of delivery/shipping/payment, which are the following:
4.5.1. Payment methods:
126.96.36.199. Payment on delivery (at the courier): If you would like to settle the price of the order when the package is delivered, please select the “Payment on delivery” method. The webstore may charge extra fee when selecting the Payment on delivery option, of which it shall notify User when his or her order is submitted.
188.8.131.52. OTP Simple (MasterCard, Visa, American Express): If you would like to settle the price of the order when you place the order, please select the “OTP Simple” method of payment.
184.108.40.206. PayPal: If you would like to settle the price of the order when you place the order, please select the “PayPal” method of payment.
4.5.3. Modes of Delivery/Shipping:
220.127.116.11. Courier delivery: In case of a courier delivery, if the selected products are available on stock/in the warehouse, the User may select a time for the delivery during the ordering process. In other cases, User will be notified in an email or on the phone of the time of delivery or the expected time of delivery. The Webstore may charge an extra fee when the “Courier delivery” mode of delivery is selected, of which it shall notify User when his or her order is submitted.
18.104.22.168. Delivery to a pick-up point: The webshop will ship the parcel containing the product(s) to GLS pick-up points. If User selects this mode of delivery, he or she may select the GLS pick-up point closest to him or her on a map, and mark it as the desired GLS pick-up point. The webstore may charge an extra fee when the Delivery to a pick-up point option is selected, of which it shall notify User when his or her order is submitted.
22.214.171.124. Personal pickup: No personal pickup is available to collect the ordered products.
4.5.4. At the time delivery, User shall be required to check that the parcel is intact, in case of personal pickup, he or she shall check the number of items and sign the certificate of delivery. If the parcel is damaged, the fault(s) should be recorded in a protocol. It should be checked at the time of delivery whether the product(s) are intact, and if the product(s) are missing or damaged, it should be recorded in a protocol on the site with a list of the faults and deficiencies. Users may accept delivery of product(s) in damaged parcels at their own risk. In case of contracts entered into between distant parties, when a protocol is not prepared, the rights that can be exercised are limited (right to withdraw, quantity complaints, warranty, etc.). Quantity or quality complaints can only be accepted without doubt if a video recording is prepared of the opening of the parcel, in which it can be clearly seen in a high quality recording that the parcel was unopened when the recording started and the unedited recording shows the whole content of the parcel.
4.5.5. If the attempted delivery of the parcel containing the product(s) is not successful, the courier shall leave a notice of this fact and will attempt to deliver it on one more occasion at most. Delivery is between 8-17 hours on workdays. The customer is required to provide a delivery address where he or she can be reached in the delivery period.
4.5.6. In addition to the general delivery rules described in the GTC, the delivery terms, discounts and costs for certain products ordered in the webshop can be different due to the following: Cost of delivery for orders up to HUF 20,000 is HUF 950, an additional HUF 350 fee applies if payment is made at the time of delivery.
4.6. In case of any fault or deficiency occurs in the Webstore related to the products or the prices, Service Provider maintains the right to correct it. In such cases, after we have recognized or corrected the fault, we will immediately inform the customers of the new data. Following this, Users may confirm their orders again one more time, or have the right to withdraw from the transaction.
4.7. The sum to be paid includes all of the costs, as shown the confirmation email containing the summary of the order. The invoice, the right of withdrawal notice, and the warranty note are included in the parcel. Users shall be required to inspect the parcel in the presence of the courier and ask for a protocol to be prepared if they detect any damage in the products or the parcel, and they have no obligation to accept damaged parcels. Service Provider shall reject any subsequent complaint without a protocol. Parcels are delivered between 8-17 hours on workdays.
4.8. After providing the details, Users can submit their orders by clicking on the “order” button, but prior to this, they may check their orders one more time, or send a note along with the order, or they may send us an email with any request related to their order.
4.9. Correcting inaccurate data: Before finalizing their orders, Users may step back to the previous phase of the ordering process to correct any inaccurate data.
4.10. Users will receive a confirmation email of their order after they have placed their order. If this confirmation is not received within a reasonable deadline after the order of the User is sent, depending on the nature of the service, but not later than within 48 hours, Users have the right to withdraw from their offer or are released from their contractual obligations. Orders and the confirmations thereof are considered received when they become accessible to Service Provider or Users. Service Provider rejects any liability for the confirmation if the confirmation is not received because Users provided an incorrect email address during the registration process, or their email accounts cannot receive messages because their storage capacity is full.
4.11. After the order has been completely filled out and the details provided have been checked, the contract between the parties is concluded in accordance with the following:
4.11.1. In case of delivery: On receipt of the separate information email sent by the Webstore in which the User is notified that the parcel has been handed over to the courier service or of the expected time of delivery. The email sent by Webstore to the User in this phase is not the automatic confirmation email sent after the order has been placed. This latter only informs the User that his or her order has been received by the Webstore.
4.12. With the information email determined in 4.11.1. of the GTC, an “agreement between distant parties” is entered into between User and Service Provider, pursuant to Govt. Decree 45/2014. (II.26).
5. PROCESSING AND PERFORMING ORDERS
5.1. The orders are processed during the opening hours. Orders can be submitted outside the hours designated for processing, if they are placed outside the working hours, the order will be processed on the following workday.
5.2. General performance deadline is within 5 workdays of the confirmation. If Service Provider and the User have not agreed on a specific time for the performance, Service Provider shall perform according to the contract by the deadline included in User’s notice, or, in the absence of a notice, within thirty days of receiving the order the latest.
5.3. If Service Provider cannot fulfill its contractual obligations because the product determined in the contract is not available, it shall inform User of this fact without delay and shall return the amount paid by User in full without delay but not later than within thirty days. Fulfilling this obligation does not exempt Service Provider from the other consequences of its breach of contract.
5.4. Service Provider shall not accept any liability for any changes that are made in the technical descriptions and brochures without prior notice by the supplier or which are due to reasons beyond its
control. Service Provider reserves the right to reject orders that have been confirmed, either in part or as a whole. Partial performance is only allowed after it has been negotiated with the User.
6. RIGHT OF WITHDRAWAL
6.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and in addition, to Govt. Decree 45/2014 (II.26.) on the Detailed Rules of the Contracts between Consumers and Companies, Users may, without explanation, withdraw from the contract within 14 calendar days of receiving the product and may return the product. In the absence of this notice, User may exercise his or her right to withdraw for a period of 1 year.
6.2. The period available to exercise the right of withdrawal expires 14 days after the day the parcel is delivered to the User or to a third person appointed by User who is not the courier.
6.3. The deadline related to User’s exercise of right of withdrawal determined in 6.2 does not affect the right of the User based on which the User may exercise his or her right of withdrawal from the contract between the time the contract is concluded and the item is delivered.
6.4. The costs of returning the product shall be borne by User, the company does not bear such costs.
6.5. In the event that the right of withdrawal is exercised, Users shall bear no other costs apart from the cost of returning the product, however, Service Provider may demand compensation for any material damage resulting from any use other than the intended use, or use exceeding the extent absolutely necessary to try the product. If, however, a contract for services is concluded between User and Service Provider, and if User exercises his or her right to withdraw after the performance has commenced, he or she shall be required to reimburse Service Provider for the reasonable costs it has incurred.
6.6. The User is not entitled to a right of withdrawal in case of products that are not prefabricated and which are manufactured on the instructions or explicit request of the consumer, or in case of products that were clearly tailored to the consumer’s needs;
6.7. Customers may not exercise their right of withdrawal a. in case of contracts for the provision of services where the whole service has been provided, if the company started providing the service with the explicit prior consent of the consumer, and the consumer was aware that he or she loses his or her right to withdraw after the whole of the service has been provided; b. in case of services and products whose price depends on money market fluctuations that may occur during the period under which the right of withdrawal can be exercised, and which cannot be influenced by the company; c. in case of perishable goods or goods whose quality deteriorates after a short while; d. in case of goods with sealed packages that cannot be returned after they have been opened for health protection and hygienic reasons; e. in case of products which, due to their nature, inseparably mix with other goods after they have been delivered; f. in case of alcoholic beverages whose real value depends on market fluctuations that the company cannot influence, and the price of which parties agreed on when the contract was concluded, but where the contract is performed only after thirty days it has been concluded; g. in case of work contracts where the company visits the consumer at consumer’s explicit request to perform emergency repairs and maintenance works; h. in case of the sale of copies of audio and video recordings and computer software in sealed packages if the consumer has opened the package after it has been delivered; i. in case of newspapers, journals or periodicals, with the exception of subscriptions; j. in case of contracts concluded at public auctions; k. contracts to provide accommodation, with the exception of housing services, contracts for services related to shipping, car rental, catering or recreation activities, if a specific performance deadline or milestone has been determined in the contract; l. in case of digital sets of data not provided in a physical data carrier, if the company has started providing the service with the explicit, prior consent of the consumer, and the consumer at the same time declared that he or she accepted that he or she loses his or her right of withdrawal after the performance has started.
6.8. In accordance with the above legislation, Service Provider shall immediately, but not later than 14 days after becoming aware of the withdrawal, return the amount paid in consideration for the product to the User, including the delivery cost of the product (with the exception of those additional costs that incurred because User selected a mode of delivery that is not the least expensive mode of delivery offered by Service Provider).
6.9. Service Provider shall apply the same method of payment for the repayment as was used during the original transaction, except in cases where the User has explicitly consented to the use of other methods of payment; no additional costs shall be borne by User resulting from this mode of repayment.
6.10. Service Provider may withhold repayment until the User has not returned the product or until the User has not proven beyond doubt that he or she has returned it; whichever of these two happens earlier.
6.11. User shall return the product to Service Provider without undue delay, immediately, but not later than 14 days after the notice on the withdrawal from the contract was sent to Service Provider.
6.12. User meets this deadline if he or she sends back or hands over the product(s) to Service Provider before the 14-day deadline expires.
6.13. If more products are involved in the purchase, and if certain products are delivered at different times, User may exercise his or her right to withdraw within 14 days of the delivery of the product last shipped, or in case of a product consisting of more items or parts, of the delivery of the item or part last shipped.
6.14. User may only be held accountable for any decrease in the value of the goods if it is the result of use or handling that is different from what the nature, properties or functioning of the goods would necessitate. If the above are proven, Service Provider may demand reimbursement for the amount of depreciation determined subject to this point.
6.15. If User would like to exercise his or her right of withdrawal, he or she may notify Service Provider at its contact details provided, either in writing (e.g. with the data sheet attached to this GTC) or on the phone. In case of a notification sent by post, the date of notification is the date the mail was posted, in case of a notification by phone, it is the time of the phone call. In case of a notification by post, Service Provider shall accept deliveries sent as registered post or parcel. Users can return the purchased product to Service Provider by post or by courier service.
6.16. Govt. Decree 45/2014 (II.26.) on the Detailed Rules of the Contracts between Consumers and Companies is available here.
6.17. Directive 2011/83/EU of the European Parliament and of the Council is available here.
6.18. Users may lodge other complaints with Service Provider at the contact details provided in this GTC. 6.19. Users may use the sample declaration of withdrawal attached to this GTC, too, in order to exercise their rights of withdrawal, which shall have the following minimal required content: Sample declaration of withdrawal Recipient: I, the undersigned, hereby declare that I would like to exercise my right of withdrawal with regard to the purchase of the following product(s) or the provision of the following service(s):4 Effective date of the contract /date of delivery: Name of consumer(s): Address of consumer(s): Signature of consumer(s): (only if the declaration is made in a paper form) Order number: Bank account number: Date: 6.20. Users acting within the scope of their own profession, independent occupation or business activities are not entitled to the right of withdrawal. Please attach the following documents to the returned package: Package Return Form
7.1. Service Provider shall be liable for faulty performance during the guarantee period in accordance with the terms and conditions described in its representations that produce a guarantee obligation, or as required by the law. The guarantee does not affect the rights of Users provided by law (implied warranty). Service Provider is exempted from its guarantee obligations if it can prove that the cause of the fault occurred after the performance.
7.2. The durable consumer goods sold in the framework of contracts entered into with the consumer, and listed in Annex 1 of Govt. Decree 151/2003. (IX.22) on Compulsory Warranties on Certain Durable Consumer Goods are covered by a compulsory guarantee, the period of which is one year. Guarantee claims can be pursued within the guarantee deadline, failure to meet the deadline entails loss of right.
7.3. Consumers may pursue their guarantee claims in possession of the guarantee note received at the time of the purchase, or in the absence of this they can prove the purchase (entering into contract) with a supporting document.
8. IMPLIED WARRANTY
8.1. The performance of Service Provider is defective if the service at the time of the performance does not comply with the quality standards described in the contract or in legislation.
8.2. Service Provider is exempted from its warranty liabilities if Users were aware of the defect at the time of entering into contract or should have been aware of the defect at the time of entering into contract.
8.3. Service Provider has an implied warranty liability for defective performance. User’s claim for implied warranty expires two years after the date of performance, implied warranty claims of other Users - who are not consumers - expire one year after the date of performance. If the subject of the contract entered into by the User is a second-hand product, expiry is one year. Users can exercise their implied warranty rights to object to a claim arising out of the same contract, even if the implied warranty has expired.
8.4. Based on their implied warranty claims, Users, at their own discretion, may:
8.4.1. request a repair or a replacement, except in cases where a) the performance of the selected implied warranty right is not possible, b) it would result in disproportionate costs incurred by Service Provider - when compared to fulfilling another implied warranty claim - considering the value of the service in a fault-free state, the severity of the breach of contract, the harm caused to data subject’s interests by fulfilling the implied warranty claim;
8.4.2. request a proportionate reduction in the price, repair the defect or arrange the defect to be repaired at the cost of the Service Provider, or may withdraw from the contract, except in cases where the defect is insignificant, if the Service Provider did not agree to repair or replace the product, or failed to fulfill its repair or replacement obligation by a reasonable deadline, in observance of User’s interests, or if User’s interest in the repair or the replacement has terminated.
8.5. User may switch from the selected implied warranty claim to another. He or she shall reimburse the extra costs incurred by the switch to Service Provider, except in cases where the cause of the transition is attributable to Service Provider or the transition was otherwise justified.
8.6. User shall notify the Service Provider of any defect as soon as he or she has become aware of it. In case of a defect communicated by User, if a notification was sent within two months, the defect is to be regarded as if the notification was sent without delay. User shall be responsible for any damage resulting from late notifications.
8.7. Costs related to the fulfilling of the warranty obligations shall be borne by Service Provider. However, if User fails to fulfill maintenance requirements and it contributes to the defect, the costs related to the fulfillment of the warranty obligations shall be borne by User to the extent of his or her contribution if he or she was in possession of the knowledge related to the maintenance of the item, or if the Service Provider has fulfilled its obligation to provide information in this regard.
8.8. Consumers may exercise their implied warranty rights if they can prove that the contract was concluded. If Service Provider disputes the fact that the contract has been concluded, it shall advise the User of the means that are available to him or her to lodge a complaint.
9. WARRANTY FOR NON-COMPLIANCE
9.1. The provisions of this clause only apply to consumer contracts.
9.2. In case of a defect in the product sold to the User by Service Provider, User may demand the manufacturer to repair the defect in the product (the manufacturer and the distributor of the product are regarded as manufacturer), or - if the repair is not possible within a reasonable deadline, or without harm to User’s interests – to replace the product. Manufacturer’s obligation regarding warranty for non-compliance stands for two years after the sale of the product. Failing to meet this deadline will entail a loss of right.
9.3. The product is faulty if it did not meet the quality requirements of the product that were in effect when it was sold by the manufacturer or if it does not have the properties that are listed in the manufacturer’s description.
9.4. The manufacturer is exempted from its warranty obligations for non-compliance if it can prove that - it did not manufacture or sell the product as part of its business operations, or its independent occupation; - the fault in the product was not recognizable at the time it was sold according to the current level of technology and science; or - the fault of the product results from implementing a legislation or a statutory requirement.
9.5. The warranty for non-compliance for the replaced product or the repaired part of the product is the liability of the manufacturer.
9.6. User shall notify the manufacturer of any defect as soon as he or she has become aware of it. If a notification of a defect is sent within two months, the defect is to be regarded as if the notification was sent without delay. Consumer shall be responsible for any damage resulting from late notifications.
10. PROCEDURE TO FOLLOW IN CASE OF WARRANTY CLAIMS
10.1. In the contract between User and Service Provider, the parties cannot agree on provisions that differ from the provisions of the law in a way that they are detrimental to the consumer.
10.2. User has on obligation to prove that the contract was concluded (with an invoice or with a receipt).
10.3. Service Provider shall prepare a protocol of the warranty or guarantee claims that it has received.
10.4. A copy of the protocol shall be made available to the User without delay with a proof of this fact.
10.5. If Service Provider cannot make a statement whether fulfilling User’s warranty or guarantee claim is possible at the time when such claims are submitted, it shall inform User of its opinion within 5 workdays with a proof of this fact, and if the claim is rejected, it shall communicate the reasons of the rejection and advise on the possibility of lodging a complaint with the conciliation board.
10.6. Service Provider shall keep the protocol for a term of three years after it was prepared and reveal it to the authorities on request.
10.7. Service Provider shall attempt to carry out repairs or replacements within fifteen workdays.
11. MISCELLANEOUS PROVISIONS
11.1. Service Provider is entitled to engage a performance agent for the performance of its obligations. Service Provider shall be liable for the unlawful conduct of such performance agents as for its own unlawful conduct.
11.2. If any provision of this GTC becomes invalid, unlawful or unenforceable, it does not affect the validity, lawfulness and enforceability of the remaining provisions.
11.3. If Service Provider does not exercise a right arising out of this GTC, failing to exercise such right cannot be regarded as waiving that right. Waiving any right is only possible with an explicit, relevant, written declaration. The fact that Service Provider does not insist on a material term or condition of this GTC on one occasion does not mean that it waives its right to insist on complying with said term or condition in the future.
11.4. Service Provider and Users shall attempt to settle their disputes amicably.
12. RESTRICTION OF LIABILITY
12.1. Making a purchase on Service Provider’s website suggests that User is aware of and accepts the opportunities and limitations of the Internet, especially its technical performance and possible
12.2. Service Provider shall accept no liability whatsoever for the following, independently of the cause due to which they occur: - Not receiving or random alteration of any data sent and/or received over the Internet. - Any malfunction in the Internet network that prevents the unobstructed operation of Service Provider’s website or the shopping. - Any malfunction in any receiving device along the communication lines. - Loss of any mail that is not registered or mail with a certificate of receipt - independently of whether it was sent in a paper form or by electronic means - especially loss of any data. - Any software not functioning properly. - The consequences of any software error, extraordinary event or technical error.
12.3. Service Provider accepts no liability for any direct or consequential damages that arise in relation to connecting to Service Provider’s website or while viewing the website.
12.4. User has full and unlimited liability for any damage that is related to providing the personal data of other persons or disclosing such personal data on Service Provider’s website. The operator in such cases shall provide every assistance to the authorities acting in the case in order to reveal the true identity of the infringing person.
12.5. User shall observe the applicable legislation and shall refrain from any unlawful activity during the use or from any activity that violates the rights of other Users. With regard to this, User shall specifically: - respect the privacy, personal rights and fair and legitimate interests of others; - refrain from collecting information about others without authorization, and from using such information without authorization; - refrain from committing crimes or minor offences; - respect the intellectual property rights of others, especially the rules related to the protection of literary, scientific, artistic works, inventions, design marks, utility models, trademarks, and brand names under copyright protection.
12.6. Every User shall refrain from any activity that prevents the intended use of the website. With regard to this, User shall specifically: - refrain from the sending of unwanted mails (“spams”) or hoax mails; - refrain from any communication that may prevent others from or disturb others in using the website for its intended purpose; - refrain from irrelevant, repetitive comments or comments that are disturbing for any other reason in public communication.
12.7. Every User shall refrain from any activity that harms the interests of the Service Provider. With regard to this, User shall specifically: - refrain from disturbing or preventing the operation of the website; - refrain from any activity that is directed at acquiring or using the trade secrets of the Service Provider
or information that it intends to keep confidential; - refrain from any communication that contains false information regarding the service; - refrain from any activity that jeopardizes the IT security of the website; - refrain from any activity that aims to advertise his or her products or services or those of third parties.
12.8. In addition to the above, Service Provider may determine other restrictions of which it shall inform Users. Service Provider shall not accept any liability whatsoever for damages arising out of a breach of the above restrictions.
12.9. If User breaches the provisions of this GTC, Service Provider is entitled to suspend or delete his or her registration. If a procedure is launched because of a violation, Service Provider may hand over the data that it collected about the User during the registration process to the authorities acting in the case, subject to the applicable legislation.
12.10. Prior to suspending or deleting the registration, Service Provider shall send a notice to User requiring him or her to discontinue the objectionable behavior or prove that such behavior is not in breach of the Terms and Conditions of use. A notice is not required if any delay would result in unavertable damage or infringement.
12.11. Those whose rights or legitimate interests are harmed by the User’s activity - especially individuals whose personal rights have been violated, victims of crime or minor offense, those entitled to an intellectual property right - may request Service Provider to remove the offending content, and to take the necessary actions against the User. The requester shall have to properly justify his or her entitlement. If the entitlement is justified, the entitled may request Service Provider to restrict access to the offending content for the purpose of carrying out a procedure later. In this case the entitled party shall have to verify that the procedure has been launched within 60 days. Service Provider shall provide access to the restricted content and the data stored by Service Provider in relation to it to the authority acting in the case, subject to the regulations that apply to that body.
13. HANDLING COMPLAINTS
13.1. Service Provider aims to fulfill every order in the appropriate quality, to the complete satisfaction of its customers. Should Users have complaints, however, with regard to the contract or the performance thereof, they may lodge their complaints at the above email address or by way of post. The address, telephone number, electronic mail address where complaints can be lodged are the same as the contact details of Service Provider’s customer service included in this GTC.
13.2. Service Provider maintains only an automated telephone customer service, the use of which is described on Service Provider’s website where it is available to Users. The automated telephone customer service is operated by IP-Telekom Korlátolt Felelősségű Társaság (registered seat: 1047 Budapest, Károlyi István utca 10., company registration number: Cg.01-09-962358).
13.3. Users may lodge their complaints orally (only through the automated telephone customer service of Service Provider) or in writing at Service Provider’s contact details determined in this GTC. It cannot be regarded as a complaint, however, when Users inquire or ask for a statement in connection with the operation of Service Provider’s website or its activities.
13.4. Oral complaints lodged via the automated telephone customer service or using electronic means of communication will be issued with a unique identification number by Service Provider.
13.5. The protocol prepared of the complaint shall include the required data pursuant to Act CLV of 1997 on Consumer Protection.
13.6. Service Provider shall immediately investigate the complaint as soon as it has been recorded by the automated telephone customer service, but not later than the following workday after the complaint has been received, and shall, as necessary, remedy it. If the User does not agree with the handling of the complaint or the complaint cannot be investigated immediately, the Service Provider shall make a record of the complaint and of its standpoint regarding the complaint without delay, and, in case of oral complaints lodged via the phone or using other electronic means of communication, it shall send a copy of it to the User at the latest when it sends its meaningful answer to the complaint.
13.7. The Service Provider shall respond to the written complaint in writing within 30 days of receiving it, unless a directly applicable legal act of the European Union regulates otherwise. It will provide an explanation if the complaint is rejected. The company is required to keep a copy of the reply for a term of 5 years and present it to the supervising authorities on request.
13.8. Users can also lodge a complaint with the Ministry of National Development: Ministry of National Development Registered seat: 1011 Budapest, Fő utca 44-50. Mailing address: 1440 Budapest, Pf.: 1. Central phone number: +36-1-795-1700 Fax: +36-1-795-0697 Customer service office: 1011 Budapest, Fő utca 44-50. Customer service phone number: +36-1-795-6766; +36-1-795-3832; +36-1-795-6816 Customer service e-mail: email@example.com
13.9. Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution) (hereinafter as “Regulation”) the European Commission has established an online platform for dispute resolution which can be used as of February 15, 2016, in case of parties entering into online sales and services contracts, and it can be used both by consumers and traders, too. The regulation is to be applied to traders established in the European Union with a seat in Hungary who are involved in online sales and services contracts, if a legal consumer dispute arises related to the online sales or services contract they entered into with a consumer. In order to be able to use the online dispute resolution platform, you will need to register in the system of the European Commission. After registering in the European Commission system, you may reach the online platform for dispute resolution here: ODRlink: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=HU
13.10. If the Service Provider did not handle the User’s complaint or quality complaint, or did not handle it properly, or if it committed mistakes that violate consumers’ rights, the consumer may lodge a complaint with the district office that has competence at his or her residence. The list of district offices that have competence by region is available here. In certain cases (also in case of certain violations involving webshops) the procedure is conducted by the district office of the county seat, their contact details are available here.
13.11. In case of a dispute with the Service Provider, Users may turn to the Conciliation Board that has competence at his or her residence. Service Provider has an obligation to participate in the conciliation procedure in accordance with the applicable legislation. The list Conciliation Boards is available here.
14. DATA PROTECTION, DATA PROCESSING NOTICE
14.1. The Service Provider aims to protect the personal data of the Users who have registered on the website to the maximum possible extent. The data processing notice included in the general terms and conditions of use are only valid with respect to the Webstore, it cannot be applied in connection with websites operated by third parties, even if those websites are directly accessible from the Webstore.
14.3. Processing for the purpose of registration
transmitted by the Service Provider to the courier service. The data is accessible to the employees of the Webstore.
14.4. The purpose of the processing is for the Service Provider to be able to fulfill the orders of the customers, who are the data subjects, and the processing of certain data is carried out for the purpose of enhancing the shopping experience, especially with the sending of newsletters. The scope of the processed data: - name (first name, surname), - email address, - address, invoicing address - telephone number.
14.5. Duration of processing: until the data subject requests his or her account to be deleted; in case of purchases, as long as storing of the invoicing details are required by law.
14.6. Product reviews
14.6.1. Users may write a review of the products they have purchased to facilitate the decision-making of other customers with regard to that product. The username of the users (first and surname in an abbreviated form, or without abbreviation) may be displayed next to their product reviews. Legal basis of the processing is the consent of the data subject.
14.6.2. The purpose of processing is to provide credible information to other consumers, to enhance user experience. Duration of processing: until a request for the erasure of the data or as long as the product is marketed.
14.9. Service Provider shall automatically delete the data of the Users if they do not log in the Webstore for ten years, and shall destroy the data in its possession. Users may at any time request their data to be rectified or erased by sending an email to firstname.lastname@example.org. Service Provider shall not be able to delete such data that it is required to retain by the power of the law.
14.10. Service Provider stores the personal data on the servers of the webhosting provider in an electronic format. Service Provider also stores the invoicing details at its premises and at the place of its central administration (see above). Service Provider shall take every reasonable information technology and organizational measure to ensure the protection of the personal data, and also to
prevent that the personal data is disclosed to unauthorized third persons.
14.11. At the email address or mailing address of the Service Provider, Users may request information about the processing of his or her personal data, the identity of the processor, any potential processor, the circumstances of data transmission, and any other details of the processing, and may request the rectification or the alteration of his or her personal data, or the erasure of the personal data, with the exception of the processing required by the law. Information is provided free of charge, but in case of a repeat request for information, Service Provider maintains the right to charge an administrative fee.
14.12. Service Provider shall respond to User’s inquiries about the processing within the shortest possible time, but not later than within 25 days, and in cases where User’s request is rejected, it shall provide an explanation. If the data subject does not agree with the decision or the measure taken by Service Provider, he or she can turn to the court to appeal against the decision or the measure within 30 days of its communication.
14.13. In the processing of the data, Service Provider shall act with utmost care, in full compliance with the provisions of the Infotv., it shall handle the data confidentially and it shall not reveal them to third parties, except in cases where it is necessary for the exercise of its rights arising from the contract, and where it is required by law, a decision of an authority or the court to reveal it to the data authority.
14.14. Complaints against the processing activities of the controller may be lodged with the National Authority for Data Protection and Freedom of Information (seat: 1125 Budapest Szilágyi Erzsébet fasor 22/c, Mailing address: 1530 Budapest, Pf.: 5., Telefon: +36 (1) 391-1400).
15. OPERATION OF THE DIGITAL DATA CONTENT, TECHNICAL PROTECTIVE MEASURES, SOFTWARE ABD HARDWARE COMPATIBILITY
15.1. The Service Provider guarantees a 95% annual uptime ratio for its website. Planned maintenance of up to one workday cannot be regarded as an outage with regard to calculating the uptime, provided that Service Provider has notified User of the time and the expected duration of the downtime in advance in the website.
15.2. The website cooperates with any type of browser software and operating system. The website communicates using HTTP protocol. Communication through the website is not encrypted, with the exception of the pages where personal data is required, which use https protocol. The website has an SSL certificate.
15.3. The website is operated on shoprenter.hu servers.
15.4. Service Provider maintains the right to suspend any function in justified cases with regard to any User for a temporary period, especially with regard to the network segment, nickname, email address etc., or to permanently discontinue the function entirely.
Budapest, February 13, 2018.