GENERAL TERMS CONDITIONS

  1. INTRODUCTION
  1. The present general terms and conditions (hereinafter referred to as “GTC”) are published on the website http://www.tovainnovations.com (hereinafter referred to as “Website” or “Webshop”) of TOVA-INNOVATIONS Trading and Service Provider Limited Liability Company (address: 1163 Budapest, Lombos utca 17.; company registry no: 01-09-346545; tax no: 27046414-2-42; electronic contact: info@tovainnovations.com (hereinafter referred to as “Seller”)), and set out the terms and conditions of the legal relationship between the Seller and the customers (hereinafter referred to as “You” or “Customer(s)”) who purchase products from the Webshop. Purchases from or through the Webshop are subject to the terms and conditions set out in the GTC. By purchasing from the Webshop and checking the box, You agree to the terms of the GTC and the GTC shall form an integral part of the sales contract between You and the Seller.
  1. The Seller is entitled to modify the provisions of the GTC within the limits of the law. Any amendment to the GTC shall take effect from the date of publication on the Website. Any such amendments shall not affect contracts (confirmed orders) concluded up to that time.
  1. The language of the contracts covered by the GTC is English. A sales contract concluded between the Seller and the Customer in English shall be deemed to be a written contract, which shall be registered by the Seller and stored electronically after its conclusion, and shall be accessible subsequently. The Seller sends the customer number and the order receipt number to the email address provided by the Customer during the ordering process, which unique identifiers allow the Customer’s orders and concluded contracts to be retrieved and subsequently accessible.
  1. The Seller is not subject to a code of conduct under the Prohibition of Unfair Business-to-Consumer Commercial Practices Act and does not subscribe to any such code of conduct.
  1. The ability of the digital content to interoperate with hardware and software in any relevant respect, to the best of the knowledge reasonably expected of the Service Provider: the content of the Seller’s Website will interoperate with the technological tools used in a manner that is compliant with the current web standards and regardless of the type of hardware or software used by the Customer (if the hardware or software used by the Customer is fit for purpose).
  1. Customer Service: Information onthe procedure for ordering the product, registration, order confirmation, payment and other conditions of performance, as well as information on the enforcement of consumer complaints, can be obtained from the Seller’s Customer Service, using the contact details indicated in the ‘Contact’ section of the Website.
  1. Protection of personal data: The Data Protection Notice on the processing, handling and protection of personal data is available at https://www.tovainnvoaitons.com/Adatvedelem/. The Data Protection Notice is deemed to be accepted by explicit acceptance.
  1. Sending newsletters: the Seller is entitled to send the Customer a newsletter or other promotional mailing, provided that the Customer has given his/her prior, clear, explicit and voluntary consent to this by providing the relevant data at the time of registration. The Seller is under no obligation to verify that the data provided by the Customers at the time of registration or when giving their consent are true or correct. The detailed rules on sending newsletters are set out in the Seller’s privacy policy.
  1. THE SELLER

The operator of the Webshop is the Seller, the Seller’s details are as follows:

TOVA-INNOVATIONS Trade and Service Ltd.
Registered office: 1163 Budapest, Lombos utca 17.
Company registry number: 01-09-346545
Tax number: 27046414-2-42
E-mail address: info@tovainnovations.com

The hosting provider is MikroVPS Kft. (headquarters: 1096 Budapest, Sobieski János utca 19-21/A.; email: support@mikrovps.hu; phone: +36 94 200 210

  1. SUBJECT OF THE CONTRACT / PURCHASE RESTRICTIONS
  1. The products offered for sale on the Website are stringed instrument parts and custom strings and custom strings, as well as string holders specially designed for string mounting manufactured by the Seller (hereinafter referred to as “Products”).
  1. The Seller expressly informs the Customer that, in addition to the “Starter Pack”, the ordering of Products in the Webshop is only possible if the Customer registers in their profile on the Website the specially designed unique string holder and it’s serial number, which is also indicated on the bottom of the string holder and on the packaging.
  1. By registering on the Website and by accepting the GTC, the Customer expressly agrees that the Seller will apply the following restrictions to the sale of the Products:
  1. On the Website, a registered user can purchase 12 strings per year as many times as the number of string holders they have purchased and registered on the Website.
  2. The Seller provides the possibility for the Customer to assign the string holders to another registered user on the Website in case of sale of the instrument.
  1. THE PRODUCTS
  1. The Customer acknowledges and expressly accepts that the Products are identical in quality and main characteristics to the products shown in the photograph and description on the Website for the type of product concerned, with the proviso that the photograph on the Website is an illustration, so the colour and minor details of the product may differ from the photograph on the Website.
  1. In the event of a printing, display or electronic display error affecting the prices, description, product description, technical parameters in the catalogue, advertisement or images of the Products on the Seller’s website, the Seller reserves the right not to send the Customer a confirmation of the order of the Product affected by such error.
  1. By accepting these GTC, the Customer acknowledges that the photographs published on the information pages of the Products available on the Webshop are for illustration purposes only and that the Seller shall not be liable for any difference between the actual colour of the Product and the colour of the photograph of the Product published on the Webshop.
  1. By accepting these GTC, the Customer acknowledges that the essential properties and characteristics of the subject matter of the contract can be obtained from the information page of the specific product ordered by the Customer, with the detailed properties of the product being contained in the instructions for use enclosed with the product.
  1. REGISTRATION, PURCHASE PROCEDURE AND ORDERING
  1. In addition to the “Starter Pack”, it is possible to order Products in the Webshop if the Customer registers on the Website and registers the serial number of the tailpiece specially designed for string mounting manufactured by the Seller. The Customer can register in the top right corner of the Website. By clicking on the “[…]” button under “REGISTRATION/ LOG IN”. A registration form will then appear, in which the Customer will be required to provide the Seller with the following information: First name, Last name, E-mail address, Street and House number, Addition to address, Postal code, City, State, Phone number, Password, Password verification, tailpiece serial number.  Registration also happens during the ordering process, when the customer provides personal details; First name, Last name, E-mail address, Street and House number, Addition to address, Postal code, City, State, and Phone number then pressing the “PLACE ORDER” button. After which customers receive an email prompting them the email and thereby can change the password.
  1. Information about the product selected and the Seller will provide general information about the product, the detailed characteristics of the product are provided in the instructions for use accompanying the product.
  1. On the sub-page of the product, pressing the “ADD TO CART” button will add the product to the virtual shopping cart. By clicking on the “ CART” icon on the Website, the Shopping Cart for the selected product(s) will be displayed, where the Customer can check the selected product(s) (VIEW CART) and their quantity before placing the order and, if necessary, make the appropriate changes or go directly to the order menu by clicking on the “CHECK OUT” button.
  1. If the contents of the shopping cart are sufficient, the Customer can click on the “PLACE ORDER” button to enter the necessary information to place the order. Acceptance of the General Terms and Conditions (by clicking on “I accept the General Terms and Conditions after studying them.” (by ticking the checkbox before the text “I accept the General Terms and Conditions “) and the Privacy Policy (“The Data Protection Notice has been made available to me by TOVA-INNOVATIONS Trading and Service Ltd. (“I understand and accept that my order will result in a payment obligation”) and acknowledgement of the fact that the order will result in a payment obligation) by clicking on the “Submit Order” button. This will make the order final. You can review and check Your order again by clicking on the “VIEW CART” icon.
  1. By clicking on the “PLACE ORDER” button, you can finalize the order, and a contractual offer will be sent to You for the sale of the ordered Products, but the sales contract for the ordered product will only be concluded according to clause 7. The order for the sale of the Goods shall be concluded only upon confirmation of the order as described in clause 7.2. The pressing of the “PLACE ORDER” button and the confirmation by the Seller shall entail the obligation to pay the purchase price of the Products ordered. By pressing the “PLACE ORDER” button, the order is deemed to have been sent, provided that it contains all the data necessary to fulfil the order and that it contains the data required by the order form. A submitted order is an offer by the Customer to enter into a sales contract and the Customer has the right to cancel the order if the cancellation of the order is received by the Seller before the Seller sends the order confirmation email to the Customer, including the invoice. Following the Seller’s confirmation of the order, the Customer shall be entitled to exercise their right of withdrawal under clause 10, which he may exercise unilaterally and with retroactive effect to terminate the contract of sale.
  1. The Seller will first send an email to the email address indicated on the Customer’s order, acknowledging and summarizing the Customer’s order, which is not a contractual statement of the Seller, after the receipt of the order. The sales contract for the ordered Products is concluded between the Seller and the Customer on the basis of the details set out in the order completed by the Customer as described above and, on the terms, and conditions set out in the GTC in accordance with clause 7.5.
  1. You will always have the opportunity to modify the data entered during the order process before the order is finalised. By placing Your order, You acknowledge that the Seller is entitled to charge You for any damages and costs resulting from Your incorrect data entry or inaccurate data. The Seller excludes any liability for performance based on inaccurate data entry. An incorrectly entered e-mail address or a saturation of the storage space associated with the mailbox may result in non-delivery of the confirmation and may prevent the conclusion or performance of the contract.
  1. If You have placed an order by mistake or by error, You may cancel Your order by sending us an e-mail by 10 a.m. on the working day following the day of the order by mistake.
  1. When placing an order, You must provide the personal data set out in the Privacy Policy. It is important that the data is provided accurately, as we can contact You at the telephone number and/or e-mail address You have provided and provide You with information about the order, and the contract will also include the data You have provided. The Seller shall not be liable for any damage suffered by the Customer as a result of the Customer forgetting their password or making it known to a third party.
  1. We do not process orders on weekends and public holidays. Orders received during this time will be processed the next working day.
  1. The detailed terms of payment are set out in clause 8. of this GTC.
  1. The contents of the shopping basket include the essential characteristics of the product(s) to be ordered (product name, type, price, number of items), with a picture, so that the Customer is clearly and comprehensibly informed of them before the conclusion of the contract.
  1. Products offered for sale in the Webshop can be purchased by shopping online. Orders placed by e-mail, fax or telephone for the products of the Webshop are not accepted by the Seller. The Seller regularly checks and updates the information on the Website, but inaccuracies, inadvertent errors and typographical errors may occur for which the Seller shall not be liable.
  1. Products are available for purchase on the Website only while stocks last.
  1. PRICES
  1. The prices indicated in the Webshop are the net list prices at the time of placing the order and do not include the delivery of the product. The product and its delivery charge are indicated and charged at the VAT rate applicable in the country of the Customer’s delivery address.
  1. In the event of a technical error, it is possible that an incorrect price is displayed on the Website. In the case of an incorrect price, the Seller is not able to accept the order (Your offer) at the incorrect price and is not obliged to sell the product at the incorrect price. No contract will be concluded in the event of an incorrect price being offered. If You make an offer at an incorrect price and it is automatically confirmed by the system, this does not constitute acceptance of the offer by the Seller. If You bid at the wrong price, the Seller may draw Your attention to the correct price and offer to conclude a contract at the correct price. You are not obliged to make an offer and enter into a contract at the correct price communicated by the Seller instead of the incorrect price. In this case no contract will be concluded between the parties.
  1. PROCESSING AND CONFIRMATION OF ORDERS
  1. The Seller will start processing the received order without delay.
  1. The Seller will confirm the order within 48 hours after the order is sent (excluding public holidays and weekends) by e-mail to the e-mail address indicated in the order. If the Customer has filled in the details requested in the order incorrectly, the Seller will not be able to confirm or fulfil the order. The Seller shall not be liable for any inconvenience or damage resulting from incorrect completion of the order.
  1. If the confirmation is not received by the Customer within 48 hours of the order being sent, the Customer is released from the obligation to make an offer.
  1. The order and its acknowledgement shall be deemed to have been received by the Seller or the Customer when it becomes available to them.
  1. The contract for the sale of the ordered Products is concluded between the parties when the Seller expressly confirms the order by email and sends the invoice to the Customer. Thus, the contract between the Seller and the Customer is deemed to be concluded when the confirmation and the invoice attached to it have been received by the Customer and the contract is concluded with the details specified in the completed order and on the terms and conditions expressly accepted by the Customer.
  1. If for any reason the Seller is unable to fulfil the order in accordance with the terms and conditions of the GTC, the Seller shall notify the Customer by e-mail as soon as possible after the order has been confirmed.
  1. PAYMENT TERMS
  1. When placing Your order, You must specify the payment method: Debit card payment. Payment is possible after the desired product(s) have been added to the shopping cart. Payment by credit card is possible through the Stripe payment system. STRIPE PAYMENTS is developed and operated by STRIPE PAYMENT Stripe Payments Europe, Limited Customers can pay in the usual way via the STRIPE PAYMENTS interface. By clicking on the “PLACE ORDER” button, the Customer will be redirected to the STRIPE PAYMENETS payment page, where they will enter their credit card details to initiate the transaction. The
  2. processing of the transaction will start in the bank processing systems. The Customer will also be notified of the result of their payment by e-mail and the STRIPE PAYMENTS system will redirect him back to the Webshop page. For more information, please visit https://stripe.com/en. In the case of payment by credit card, the successful completion of the transaction initiated in the STIPE PAYMENTS system is a condition for the conclusion of the contract between the Parties under the terms and conditions of these GTC.
  1. The Customer warrants that the credit/debit card used by the Customer is the property of the Customer or that the owner of the credit/debit card has specifically authorised the Customer to use it. Each credit/debit cardholder is responsible for checking the validity of the card and for the authorisation by the card issuer. If the issuer of the Customer’s payment card refuses to authorize payment to the Seller, the Seller shall be entitled to suspend the sale of the Product until such time as the transaction is completed, i.e. the Customer has paid the purchase price.
  1. The Customer gives its express consent to the issue of an electronic invoice (e-invoice) only. The Parties agree that the Seller shall send the electronic invoices automatically and exclusively to the e-mail address provided by the Customer. The Parties agree that the date of receipt of the invoice shall be the date of sending the electronic invoice.
  1. DELIVERY AND COLLECTION CONDITIONS
  1. When ordering the product, the Customer must indicate by selecting the appropriate checkbox whether they wish the product to be delivered by courier service or by using the postal delivery service of Magyar Posta Zrt.
  1. Estimated delivery time of the Products is 8 weeks. The exact delivery time of the Products will be communicated to the Customer by e-mail. In all other cases, the delivery date shall be deemed to be informative and non-compliance with it shall not be considered as a breach of contract by the Seller.
  1. In the event of any obstacle preventing the Seller from delivering the ordered Product to the Customer, the Seller shall inform the Customer of the situation and the next steps to be taken. The delivery time may be extended in such a case. The Seller shall be entitled to deliver and deliver the Products in instalments, possibly before the delivery deadline.
  1. In all cases, the shipping cost is indicated in the description of the product on the Website. The Seller reserves the right to change the shipping cost if the parameters of the ordered product, i.e. dimensions, weight, other parameters of the product, make this unavoidable.
  1. Estimated delivery times are for information only and are calculated from the date of dispatch. Any deviation from the delivery time shall not constitute a breach of contract by the Seller and the Seller shall not be liable for any damages resulting therefrom.
  1. The Customer shall, upon receipt of the Products ordered, inspect the Products to ensure that they are undamaged. If he finds any damage to the packaging or the Products, he may ask the courier to make a report, since the receipt of the Products from the courier and the signing of the receipt document constitute acceptance of the quantity and quality of the Products, which means that after acceptance the Customer may only exercise their right of withdrawal, and therefore the Seller is not entitled to accept any subsequent complaints regarding quantity and quality after the departure of the person who made the delivery.
  1. The Customer must verify without delay that the quantity of the service (number of Products ordered in the order) is sufficient. In the event of a discrepancy in the quantity of the Products delivered, the Customer must notify the Seller of this fact in writing without delay, but no later than 24 hours. Written notification shall be deemed to be an e-mail sent by the Seller to the Customer in accordance with section 2 of this GTC.
  1. The Seller shall not be entitled to accept any claim for defective performance by the Customer after the receipt of the ordered Products from the courier, which the Customer noticed or should have noticed with due diligence by inspecting the ordered Products at the time of receipt.
  1. The risk of damage to the ordered product is transferred to the Customer upon receipt of the product. Please do not take delivery from the courier if your parcel arrives damaged. If you notice any damage to the packaging or the product, You can ask the courier to make a report. If there is a suspicion that the product may have been damaged in transit, the Customer must take delivery of the product from the courier with the reservation of the report or refuse to take delivery of the product.
  1. If the receipt of the ordered Products fails for reasons attributable to the Customer, the Customer shall reimburse the Seller for any additional costs incurred in this connection.
  1. If the Customer provides an incorrect or incorrect delivery address in the order, making delivery impossible, the Seller shall not be liable for any failure to deliver. In such a case, the Seller shall notify the Customer concerned of this fact by e-mail within 5 working days of being informed of the failure to deliver and shall invite the Customer to provide the correct delivery address. If the Customer requests the re-delivery of the goods to the correct address, the delivery costs shall be borne by the Customer. If the Customer does not provide the correct delivery address, the contract shall be terminated and the delivery costs resulting from the incorrect delivery address shall be borne by the Customer.
  1. RIGHT OF WITHDRAWAL/CANCELLATION
  1. Seller’s right of withdrawal: the Seller reserves the right to withdraw from the contract and, accordingly, the right to cancel the order or to cancel part of the order. The Seller shall have the right to withdraw from the contract if (a) for reasons within the Customer’s control it was not possible (incorrect telephone number or email address) to fulfil the contract and the Seller has requested express confirmation of the order from the Customer; (b) the product ordered by the Customer is no longer manufactured and/or supplied or the supplier has significantly changed the price of the product. In these cases, the Seller will contact the Customer immediately to agree on the next steps to be taken. If the Customer has already paid part or all of the price of the product, the Seller will return the amount already paid to the Customer’s bank account or address without delay, but no later than 14 days after the order is cancelled.
  1. Pursuant to Government Decree No.45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses, within 14 days of receipt of the product – in the case of several products, if the delivery of each Product takes place at a different time, the last product delivered – the Customer has the right to withdraw from the sales contract concluded for the product without giving any reason. This does not affect the right of the Customer to exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.
  1. If the Customer wishes to exercise their right of withdrawal, he must send a clear statement of their intention to withdraw in writing (e.g. by post or electronic mail) to the Seller. Written notice shall be deemed to be a postal or electronic letter sent by the Seller to the Customer in accordance with section 2.of this GTC.
  1. In the event of withdrawal, the Seller shall refund the purchase price paid for the goods, including the delivery charges, to the Customer within 14 days of the date of the Seller’s knowledge of the withdrawal. The Seller may withhold the amount refunded to the Customer until the Customer has returned the goods or has proved beyond reasonable doubt that he has returned them, whichever is the earlier. The Seller is not in a position to accept consignments sent COD.
  1. If the Customer expressly chooses a mode of transport other than the least costly usual mode of transport, the Seller is not obliged to reimburse the additional costs resulting from this. In such a case, reimbursement is due up to the amount of the indicated standard transport rates.
  1. The Customer shall be liable for depreciation resulting from use beyond the use necessary to establish the nature and characteristics of the product.
  1. If the Customer wishes to exercise their right of withdrawal, he may do so in writing by post or e-mail, referring to the product and the order reference number, at the contact details provided in their contact details and in these GTC.
  1. In the case of withdrawal by postal letter, the Seller will take the date of posting of the letter into account when calculating the 14 days. The letter may be sent by registered mail in order to provide clear evidence of the date of posting.
  1. You can use the following model declaration to exercise Your right of withdrawal:

“———————————————————————————————————-

Sample declaration for withdrawal

Addressee: TOVA-INNOVATIONS Trade and Service Company Limited Liability (Registered office: 1163 Budapest, Lombos utca 17

Address: 1163 Budapest, Lombos utca 17.

The undersigned declare that I/we exercise my/our right of withdrawal in respect of the contract for the purchase of the following product(s) or the provision of the following service(s):

Product name, item number, style/design, size, quantity:

Order ID:

Date of conclusion of contract / date of receipt:

Name of the consumer(s):

Address of the consumer(s):

Please refund the purchase price by bank transfer to the following bank account:

Signature of the consumer(s):

Date

———————————————————————————————————–“

  1. If the Customer withdraws from the contract, the Customer must return or hand over the goods to the Seller without delay, but no later than fourteen days after the withdrawal. The return shall be deemed to have been effected in time if the Customer returns the goods before the expiry of the time limit.
  1. Please return the cancelled product to the Seller’s premises as described above. Any costs incurred in returning the goods will be borne by the Customer.
  1. In the event of withdrawal, the Seller shall refund the amount due to the Customer in the same way as the payment method used by the Customer or in a way expressly accepted by the Customer. The Seller shall not be liable for any delay due to the incorrect and/or inaccurate bank account number or postal address provided by the Customer.
  1. The Seller informs the Customer that the Customer may not exercise the right of withdrawal:
  • in the case of a product which is not prefabricated, which has been manufactured on the instructions or at the express request of the Customer, or which is clearly personalised for the Customer;
  • perishable or short-lived products;
  • sealed products that cannot be returned after opening after delivery for health or hygiene reasons;
  • a product which, by its nature, is inseparably mixed with other products after transfer;
  • an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract;
  • in the case of a product which is not prefabricated, which has been manufactured on the instructions or at the express request of the Customer, or which is clearly personalised for the Customer;
  • perishable or short-lived products;
  • sealed products that cannot be returned after opening after delivery for health or hygiene reasons;
  • a product which, by its nature, is inseparably mixed with other products after transfer;
  • an alcoholic beverage the real value of which is dependent on market fluctuations in a way beyond the undertaking’s control and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract.
  1. WARRANTY, GUARANTEE

The Seller provides the following information regarding the enforcement of the rights of warranty, product warranty and guarantee.

  1. Accessories warranty

In which cases can You exercise Your right to a warranty?

In the event of defective performance by the Seller, you may claim against the Seller under the rules of the Civil Code.

What rights do You have under a warranty claim?

You may – at Your option – make the following warranty claims:

You can ask for a repair or replacement, unless one of these is impossible or would impose disproportionate extra costs on the business compared to another request. If You did not or could not ask for the repair or replacement, You can ask for a proportionate reduction in the price, or You can have the defect repaired or replaced at the expense of the undertaking, or, as a last resort, You can withdraw from the contract. In the case of a contract between a consumer and a business for the sale of goods which are movable, the supply of digital content or the provision of digital services, You cannot, in exercising Your rights under the implied warranty, repair the defect Yourself or have it repaired by another person at the expense of the business. You can switch from one warranty right to another, but You will bear the cost of the switch, unless it was justified or the business gave a reason for it.

What is the time limit for You to claim Your warranty?

You must notify us of the defect as soon as You discover it, but no later than two months after the defect is discovered. However, You should note that You cannot claim any rights to claim for defects beyond the two-year limitation period from the date of performance of the contract.

Who can You claim against?

You may assert a warranty claim against the Seller.

What are the other conditions for enforcing Your rights under the warranty?

Within one year from the date of performance, You can claim for a replacement warranty on the basis of the defect, provided that You prove that the goods or services were provided by the Seller. However, after six months from the date of performance, You will have the burden of proving that the defect which You have discovered existed at the time of performance.

  1. Product Warranty

In which cases can You exercise Your right to a product guarantee?

In the event of a defect in a movable item (product), You can choose between a warranty claim for accessories or a product warranty claim.

What rights do You have under a product warranty claim?

As a product warranty claim, You can only ask for the defective product to be repaired or replaced.

In which cases is the product considered defective?

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

What is the deadline for You to claim under the product warranty?

You have two years from the date on which the product was placed on the market by the manufacturer to make a product warranty claim. After this period, You lose this right.

Against whom and under what other conditions can You enforce Your product warranty claim?

You can only exercise Your right to claim under a product warranty against the manufacturer or distributor of the movable item. You must prove that the product is defective in order to make a product warranty claim.

In which cases is the manufacturer exempted from its product warranty obligation?

The manufacturer is only exempted from its product warranty obligation if it can prove that:

– manufactured or marketed the product for purposes other than its business, or

– the defect was not detectable according to the state of science and technology at the time it was placed on the market, or

– the defect in the product results from the application of a legal or regulatory requirement.

The manufacturer only needs to prove one reason for exemption.

The Seller draws Your attention to the fact that You may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time. However, in the event of a successful product warranty claim, You may assert Your accessories warranty claim against the manufacturer for the replaced product or repaired part.

  1. Guarantee

In which cases can You exercise Your right to a guarantee?

In the event of defective performance, the Seller shall be obliged to provide a guarantee in accordance with the statutory provisions on mandatory guarantee. In the case of Products offered for sale on the Webshop, the statutory provisions do not provide for a mandatory guarantee.

If the Seller does not have a guarantee obligation for the returned product as described above, the Seller will inform the Customer and return the product to the Customer with postage at the Customer’s expense. Otherwise, the costs (including repair/replacement and postage costs) of satisfying a valid guarantee claim shall be borne by the Seller.

  1. COMPLAINT HANDLING, ENFORCEMENT OF CONSUMER RIGHTS
  1. If the Customer has any objections or complaints regarding the Website, the contract concluded or its performance, they may communicate their complaint to the Seller by e-mail, verbally by telephone or by post using the contact details specified in clause 2 (Seller).
  1. The Seller will investigate the verbal complaint immediately and, if the nature of the complaint so permits, remedy it as necessary. If the person concerned does not agree with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Seller shall immediately take a record of the complaint and their position on it, and shall provide a copy of the record to the person concerned in the case of an oral complaint made in person, or, in the case of an oral complaint made by telephone, at the latest at the same time as the substantive reply as set out in the section on written complaints, and shall proceed as provided for in the written complaint.
  1. The Seller must keep the record of the complaint and a copy of the reply for three years and present it to the inspection authorities at their request. The language of complaint handling is Hungarian/English.
  1. Complaints can be identified and traced by customer number, and if the complainant concerned does not have such an identification number, the Seller will assign a unique identification number to the complaint.
  1. The Seller shall investigate and respond to the written complaint within thirty days of receipt and shall ensure that the response reaches the Customer.
  1. If the complaint is rejected, the Seller shall inform the Customer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the address, telephone and Internet contact details and the postal address of the competent authority or conciliation body in the place where the consumer resides or is staying. The information shall also indicate whether the seller will use the conciliation body to settle the consumer dispute.
  1. The Seller shall archive the e-mail messages related to complaints, keep the record of the complaints and a copy of the replies until the date specified in the Data Protection Notice.
  1. If the consumer dispute between the Seller and the Customer is not resolved by negotiation, the Customer has the following enforcement options:

The Customer (consumer) has the right to initiate proceedings before the conciliation body competent for their place of residence or domicile: in Hungary, the Budapest Conciliation Board has the exclusive right to act in cross-border consumer disputes related to online sales or online service contracts.

The Budapest Conciliation Board can be contacted online at: https://bekeltet.bkik.hu

Contact details of the Budapest Conciliation Board: address: 1016 Budapest, Krisztina krt. 99., 1014 1014 Budapest, phone: 06-1-488-2131, fax: 06-1-488-2186, e-mail: bekelteto.testulet@bkik.hu.

The contact details of the Conciliation Boards can be found by clicking on the following electronic link: http://www.bekeltetes.hu/index.php?id=testuletek The Seller has a duty of cooperation in the conciliation procedure.

In the event of a breach of consumer protection law, the Customer (consumer) has the right to refer the matter to the consumer protection authority if their attempts to settle the dispute with the Seller have failed. The contact details of the consumer protection authorities can be found on the website accessible via the link below:

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

The Customer (consumer) has the right to initiate a dispute resolution procedure through the European Union’s online dispute resolution platform, which can be accessed by clicking on the following electronic link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU.

In the event of a cross-border consumer dispute related to an online sales contract, consumers can settle their consumer dispute by submitting a complaint via the following electronic link https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show

Using the online dispute resolution platform: clicking on the electronic link above will open the online dispute resolution platform, where the consumer registers, fills in an application and submits it electronically to the conciliation body via the online interface.

If the Customer does not apply to a conciliation body or if the procedure has not been successful, the Customer has the right to take the matter to court to settle the dispute. The action must be brought by means of a statement of claim.

  1. TERMS OF USE FOR THIS WEBSITE
  1. The Customer is entitled to use the content and services provided by the Website in accordance with the provisions of the GTC, in particular the terms of use set out in this clause. If the Customer uses the contents and services provided by the Website in violation of the provisions of the GTC or misuses them, the Seller shall be entitled to terminate the Customer’s access and to take any further legal action necessary to compensate the damage caused by the Customer to the Seller or to third parties connected with the Seller.
  1. The display and content of the Website is the exclusive intellectual property of the Seller and is protected by copyright. Any use of the presentation, content, services or any other use, in particular the inclusion in databases, reproduction, any form of commercial use or transmission to third parties, in whole, in part or in revised form, without the written permission of the Seller is prohibited in all cases. The contents and the presentation of the Website, or any part thereof, may be used only with the prior, express and written consent of the holder of the intellectual property rights.
  1. The Seller shall not be liable for any damages resulting from the temporary unavailability of the Website, other errors, typographical errors, inaccuracies or the temporary unavailability of the Website. Further, the Seller shall not be liable for any damages resulting from the unauthorized use of Customer’s data, whether or not the Customer is aware of it, resulting from the Customer’s intentional or negligent conduct.
  1. The Seller shall not be liable for the consequences of the Customer’s failure to comply with its obligations under the GTC or the Customer’s failure to comply with the instructions relating to the Products or to apply or interpret the measures and actions specified by the Seller.
  1. If any claim or proceeding is brought against the Seller by a third party or any authority or court as a result of or in connection with the Customer’s conduct, the Customer shall take all actions required by the Seller and shall compensate the Seller for all damages, losses and costs suffered by the Seller as a result of or in connection with any wrongful conduct of the Customer.
  1. MIXED PROVISIONS
  1. By placing an order, the Customer acknowledges that they are aware of the provisions of the GTC in force at the time and has read the GTC and has understood, acknowledged and expressly accepted the provisions of the GTC.
  1. The Seller reserves the right to change the GTC from time to time. Please read and check the GTC before making any purchase. Please read the GTC carefully, as the GTC contains the mandatory information to be provided to consumers by the business prior to the conclusion of an off-premises contract and a contract concluded between remote parties pursuant to Article 11 (1) of Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers (You) and businesses (the Seller) (hereinafter referred to as the “Decree”), which also forms part of the concluded contract pursuant to Article 11 (6) of the Decree.
  1. Purchasing on the Website implies the Customer’s knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The Seller shall not be liable in the event of any malfunction of the Internet network which prevents the operation of the Website and the purchase.
  1. The Customer is obliged to provide all the information in accordance with the truth. In the case of obviously false data, the Seller has the right to delete the data or to verify its accuracy. The Customer expressly acknowledges and agrees that the Seller shall not be liable for any additional costs or damages incurred by the Seller as a result of the Customer’s incorrectly provided data, and the Customer shall reimburse the Seller for the full amount of such costs or damages.
  1. Any request, information or legal declaration made between the parties in connection with a contract concluded under these GTC shall be valid only if

(i) the Customer sends it to the Seller’s address indicated in the GTC by e-mail, delivers it personally to the Seller’s registered office, or mails it by registered or certified mail,

(ii) sent by the Seller to the Customer’s address provided during the purchase by e-mail, hand-delivered, registered or recorded delivery.

  1. Each clause of these GTC shall be valid in its own right. If any court or authority decides that any provision is unlawful or unenforceable, the remaining provisions shall continue in full force and effect. If any part of a contract concluded under these GTC is unenforceable, the unenforceability of that part shall not affect the other parts, which shall remain in full force and effect.
  1. These GTC and the contract concluded under these GTC shall be interpreted in accordance with Hungarian law, without regard to the principles of conflict of laws. The Hungarian courts shall have exclusive jurisdiction over any dispute arising out of the contract. The parties undertake to use their best endeavours to settle their dispute amicably. In the absence of an amicable settlement, the parties agree that in the event of a dispute arising in connection with the provisions of the GTC and the contract concluded under the GTC, the Hungarian courts shall have exclusive jurisdiction in the first instance, having regard to the nature of the dispute.
  1. The provisions of these GTC shall remain in force until revoked and/or amended by 06.08.2024. All previous general terms and conditions and agreements are superseded.

Closed: 2024.08.06.