General terms and conditions
Introduction:
By placing your order, you accept the General Terms and Conditions of our online store.
If you have any questions about the use of our online store, the purchase process, our products or our General Terms and Conditions, you can contact us at the following contact details:
1. Data of the service provider:
Service provider name: Wágner Rita ev
Headquarters: 3700 Kazincbarcika, Kazinczy Ferenc tér 4 4/12
Postal address: 3700 Kazincbarcika, Kazinczy Ferenc tér 4 4/12
VAT number: 56761708-1-51
Service provider registration number: 55451176
Name of the registration authority: Special Tax and Customs Directorate of the National Tax and Customs Administration
Data of the hosting provider:
Service Name: Shopify International Ltd.Attn: Data Protection Officer, Intertrust Ireland 2nd Floor 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32 Ireland
2. Basic provisions
Questions not regulated in these Regulations, as well as the interpretation of these Regulations, are governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk.") and Act V of 2001 on certain issues of the Civil Code . commercial services and services related to the information society. year CVIII Act (Elker. tv.) and Act No. 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) to the relevant provisions of Government Decree. The parties are subject to the mandatory provisions of the relevant legislation without special stipulation. This policy will remain in effect until revoked. The Service Provider is entitled to amend the Regulations unilaterally. The Service Provider will publish the amendments on its website. By using the website, users accept that all regulations related to the use of the website automatically apply to them. User, if you enter the website of the online store operated by the Service Provider or read its content in any way - even if you are not a registered online store user - you acknowledge that the provisions of the Regulations are binding on you. If the User does not accept the terms and conditions, he is not entitled to view the content of the online store. The service provider reserves all rights regarding the website of the online store, any part of it and the content appearing on it, as well as the distribution of the website. It is prohibited to download, store, process and sell the contents of the webshop or any of their details without the written consent of the Service Provider.
3. Registration/purchase
By purchasing/registering on the website, the user declares that he has read and accepts the terms of these General Terms and Conditions and the Data Management Notice published on the website, and consents to data management. During the purchase/registration, the User is obliged to provide his/her own, real data.
In case of false data provided during the purchase/registration or related to another person, the resulting electronic contract is null and void. The Service Provider excludes its responsibility if the User uses its services on behalf of someone else, with the data of another person. The Service Provider is not responsible for delivery delays or other problems or errors that can be attributed to incorrect and/or inaccurate data provided by the User. The Service Provider does not assume responsibility for damages resulting from the User forgetting his password or if unauthorized persons gain access for reasons not attributable to the Service Provider.
4. Range of products and services available for purchase
The displayed products are available online. In the case of the indicated products, the prices are in HUF and include the statutory VAT, but do not include the home delivery fee. No separate packaging costs will be charged.
The Service Provider displays the name and description of the product in detail and photographs of the products in the web store. The images appearing on the product's data sheet may differ from reality and can be used as illustrations. We are not responsible for the image displayed in the online store or for any deviations from the actual appearance of the product. Given that the Service Provider distributes products made from unique, vintage materials, handmade, sustainable and recycled materials in the online store, the User must note that the deviation from the displayed images is normal, the noticeable difference is the color shade and the not completely uniform painting , thread defects on the products are not considered defects.
In the event of the introduction of a promotional price, the Service Provider will fully inform the Users about the promotion and its exact duration. If, despite all the care taken by the Service Provider, the Online Store charges an incorrect price, especially with regard to the obviously incorrect, e.g. If the price of the product is well-known, usually significantly different from the accepted or estimated price, or perhaps due to a system error, the price is HUF 0 or HUF 1. purchase intention.
In case of an incorrect price, there is a noticeable difference in value between the real and indicated price of the product, which the average consumer should notice immediately. Based on Act V of 2013 on the Civil Code (Ptk.), the contract is created by mutual and unanimous declaration of will of the parties. If the parties cannot agree on the terms of the contract, i.e. there is no declaration expressing the will of the parties mutually and unanimously, then we cannot speak of a validly concluded contract from which rights and obligations arise. Based on this, an order confirmed at an incorrect/wrong price is considered an invalid contract.
5. Order process
After registration, the user logs into the online store without registration and can start shopping.
The user places the selected products in the basket. The user can view the contents of the basket at any time by clicking on the "basket" icon. If the User wants to add a new product to the cart, he can continue browsing the products. If you do not wish to purchase an additional product, please check the quantity of the product you wish to purchase. You can delete the given product by clicking on the "remove" link. The user selects the delivery address and then the delivery/payment method, the types of which are as follows:
- You can pay by card using OTP Simple Pay.
Through the secure payment system of SimplePay OTP Mobil, the user can easily settle the value of the order online. After crediting the amount to the Service Provider's bank account by bank transfer, the User is entitled to receive the product(s) in the manner specified by him.
6. Use of our online store:
Our online store provides the User with a presentation of the products (products with pictures, descriptions, and prices on the website), as well as the possibility of online ordering. You can browse our website in a menu system. You will find the products sorted by category. By clicking on the name of the category, the products belonging to that category will be displayed. By clicking on the product name on the list page, you will find a detailed description of the product. You can also search by keyword in our online store. For sale products, the start and end dates of the sale, as well as the indication "while supplies last" are displayed. If you want to buy a product, you can do so by clicking the cart button (by setting the quantity, if you want more, then) by clicking the cart button. You can view and check the products in the cart by clicking the View Cart button. Here you can change the quantity or delete products. By clicking the Empty Basket button, the entire contents of the basket will be deleted. If you have selected the products you want to order, you can place your order by clicking the Order button when entering the page, if you are not registered, you can place your order by creating a registration. During registration, you must provide your name, address, billing address, shipping address, e-mail address, phone number, and password. We will send you a confirmation by e-mail about the success of the registration. The User is responsible for the security of the access data, he is responsible for updating his data, he is obliged to inform the Service Provider if his data has been misused by a third party. If you have forgotten your password, click the "Forgot your password" button, a link will be sent to the User's registered e-mail address to create a new password.
During the ordering process, the User must select the desired payment and delivery method. Immediately before approving the order, the User can check the correctness of the data, the products and their quantities on the order summary page. If you want to correct the data, you can do so by clicking on the pencil icon.
Order finalization:
If you find everything in order, you can finalize your order by clicking the "Send order" button, which will be confirmed on our website and by e-mail. If you notice in the confirmation e-mail that you have entered incorrect data, please notify us immediately within 24 hours.
The information on our website does not constitute a contractual offer of the Service Provider. You are the bidder.
By pressing the "Send order" button, you acknowledge that your offer must be considered made and that your statement is subject to payment. If we do not confirm your offer within 48 hours in accordance with our General Terms and Conditions, you will be released from your obligation to make an offer.
Processing the order and concluding the contract:
You can place your order in our online store at any time. You will receive an automatic confirmation of your order, which means that your order has been received, but this confirmation does not mean acceptance of your offer. If you do not receive an automatic confirmation by e-mail within 24 hours of placing your order, please let us know, as there may be a technical problem that prevented your order from being received.
The service provider confirms its offer in a second e-mail, at which point the contract is established.
Deadline:
The delivery time is 4-6 working days from the confirmation of the order. Any deviation from the deadline will be notified by e-mail.
Reservation and Retention of Rights:
If you previously ordered a product from us, but did not receive it upon delivery (unless you exercised your right of withdrawal), or if the package was returned to us marked "No please", the Service Provider will process the order subject to prepayment of the purchase price and delivery costs fulfills. The Supplier may withhold the delivery of the package until we are satisfied that the purchase price of the product has been successfully settled in the case of online payment. If the price of the product has not been settled in full, the Service Provider draws the Consumer's attention to the need to supplement the purchase price.
7. Technical protection measures and the operation of digital data content:
The servers providing the data displayed on our website have an uptime of 99.9%/year. The entire data content is continuously and periodically backed up, so that the original data can be restored in the event of a problem. The data displayed on our website are stored in MySQL or MSSQL databases. Due to their sensitive nature, this data is stored using strong encryption and is encrypted with hardware support built into the processor.
Product features:
On our website, we provide information about the characteristics of the products for sale in the description on the product page.
Correcting data entry errors and responsibility for data accuracy:
During the ordering process, before confirming the order, you have the opportunity to change or correct the data you have provided. You are responsible for the accuracy of the information you provide. Based on this information, we issue an invoice and deliver the product(s) to the address specified as the delivery address.
By placing your order, you acknowledge that the Service Provider is entitled to charge you for any damages or costs resulting from the data you provided incorrectly. The Service Provider excludes responsibility for performance resulting from incorrect data entry. If the e-mail address or mailbox is full, the confirmation is considered undeliverable and may prevent the performance of the contract.
8. Copyright:
Without the written consent of the Service Provider, the downloading (copying), public presentation, other use, electronic storage, processing and sale of the contents appearing on the website or any part thereof is prohibited. . At the same time, any material from the website and its database can only be taken by referring to the given website, even with written consent. The Service Provider reserves all rights to all elements of its service, the domain names, the secondary domain names formed with them and its Internet advertising surfaces. It is forbidden to adapt or reverse engineer the content or certain parts of this website; creating user IDs and passwords in an unfair manner; any part of the use of any application used on the website may be modified or indexed.
Our website is subject to the LXXVI of 1999 on copyright. According to Article 1 (1) of the Act, it is a copyrighted work, all parts of which are subject to copyright protection. The unauthorized use of images, texts, software or graphic programs on our website, as well as the use of applications that modify or damage our website, is prohibited pursuant to Section 16 (1) of the same law. Please note that the reproduction of materials, images, videos, and texts from our website and database is only permitted with the written consent of the copyright owner (Rita Wágner), indicating the source.
9. Consumer information based on Government Decree 45/2014 (II. 26.):
Information about the Consumer's right of withdrawal:
As a consumer, the Civil Code The 8:1. According to § (1), point 3, a consumer is only a natural person acting outside the scope of their profession, sole proprietorship, or business activity, therefore a legal entity may not exercise its right of withdrawal without justification. Based on § 20 of Government Decree 45/2014.(26.II.), the Consumer is entitled to withdraw from the contract without giving reasons. In the case of a contract for the sale of goods, the Consumer may exercise his right of withdrawal within 14 days of receiving the goods.
The Consumer may exercise his right of withdrawal between the date of conclusion of the contract and the day of receipt of the product. If the Consumer has made an offer to conclude the contract, he has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer for the conclusion of the contract.
Declaration of withdrawal, Consumer's right of withdrawal and termination:
The Consumer may exercise his right provided in Article 20 of Government Decree 45/2014 (26.II.) with a declaration to this effect.
Validity of the consumer withdrawal statement:
The right of withdrawal is deemed to have been exercised within the deadline if the Consumer sends us a statement within the deadline (14 days).
The Consumer bears the burden of proving that the Consumer has exercised his right of withdrawal in accordance with this provision.
After receiving the Consumer's declaration of withdrawal, the Service Provider electronically confirms to the Consumer the fact of the exercise of the right of withdrawal and the acknowledgment of its exercise.
Obligations of the Supplier in case of cancellation by the Consumer:
Service provider's obligation to reimburse:
If the Consumer withdraws from the contract based on Article 22 of Government Decree 45/2014 (26.II.), the Service Provider will refund the entire amount paid by the Consumer, including the costs related to performance, including the delivery fee. , within 14 days of the notification of cancellation. Please note that this provision does not apply to additional costs resulting from choosing a shipping method other than the standard, cheaper shipping method.
How the service provider is obliged to repay:
In case of withdrawal/termination according to 22. of Government Decree 45/2014.(26.II.), the Service Provider will return the refunded amount to the Consumer in accordance with the payment method used by the Consumer. If the Consumer agrees, the Service Provider may use another payment method for the refund, but the Consumer will not be charged any additional fees. The Service Provider does not assume responsibility for delays due to incorrect bank account numbers or postal addresses provided by the Consumer.
Additional costs:
If the Consumer chooses a different, cheaper delivery method than usual, the Service Provider is not obliged to reimburse the additional costs incurred. In such cases, we are obliged to refund up to the indicated standard delivery fees.
Right of retention:
The Supplier may withhold the refund due to the Consumer until the Consumer has returned the product or has clearly confirmed the return of the product. We do not accept packages sent with cash on delivery or postage.
In case of withdrawal/termination of the consumer obligation:
Product return:
If the Consumer is the 45/2014. (26.II.) withdraws from the contract based on § 22 of Government Decree, the product must be returned immediately, but no later than 14 days from the date of withdrawal, or must be handed over to a person entitled to do so. for the acceptance of the product by the Service Provider. The return must be considered completed within the deadline if the Consumer returns the product before the deadline.
Costs related to returning the product:
The cost of returning the product is borne by the Consumer. The product must be returned to the address of the Service Provider. If the Consumer withdraws from the contract after the start of performance, he is obliged to pay the Service Provider a fee commensurate with the service provided up to the date of notification of withdrawal. The amount to be paid by the Consumer must be determined in proportion to the total amount of the compensation fixed in the contract plus tax. If the Consumer proves that the amount determined in this way is too high, the proportional amount must be calculated based on the market value of the services provided up to the date of termination of the contract. We do not accept packages sent with cash on delivery or postage.
Consumer responsibility for depreciation:
The Consumer is responsible for the depreciation resulting from use beyond the use necessary to determine the nature, properties and operation of the product.
Warranty, product warranty, guarantee:
The present point of the Consumer Information 45/2014. (II.26.) Based on the authorization of Section 9 (3) of Government Decree, 45/2014. (II.26.) It was prepared using Annex No. 3 of Government Decree.
10. Warranty
10.1. Accessories warranty
In what cases can the User exercise his accessory warranty right?
In case of incorrect performance by the company operating the user's webshop, against the company
can assert a warranty claim according to the rules of the Civil Code.
What rights does the User have based on his accessory warranty claim?
The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the demand chosen by the User is impossible or disproportionate for the company compared to the fulfillment of other needs
would incur additional costs. If you did not or could not request the repair or replacement, you can request a proportional reduction of the compensation or the fault at the expense of the company
The user can also correct it, or have it corrected by someone else, or - as a last resort - withdraw from the contract. You can switch from your chosen accessory warranty right to another, the cost of the switch
however, it is borne by the User, unless it was justified or the company provided a reason for it.
What is the time limit for the User to assert his accessory warranty claim?
The user is obliged to report the error immediately after its discovery, but no later than within two months from the discovery of the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract.
Who can you enforce your accessory warranty claim against?
The user can enforce his accessory warranty claim against the company.
What other conditions are there for asserting your accessory warranty rights?
Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim beyond the notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from the date of performance, the User is obliged to prove that the error recognized by the User was already present at the time of performance.
10.2. Product warranty
In what cases can the User exercise his product warranty right?
In the event of a defect in a movable object (product), the User may, according to his choice, enforce a warranty claim for accessories or a product warranty.
What rights does the User have based on his product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
In what time frame can the User enforce his product warranty claim?
The User may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You may only exercise your product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
- the product was not produced or marketed as part of its business activities, or
- the defect was unrecognizable according to the state of science and technology at the time of placing it on the market or
- the defect of the product results from the application of legislation or mandatory official regulations.
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.
10. Procedure in the event of a warranty claim
In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the detriment of the consumer.
It is the consumer's duty to prove the conclusion of the contract (with an invoice or even just a receipt). The Service Provider is obliged to take a record of the consumer's reported warranty or guarantee claim. A copy of the protocol must be made available to the consumer immediately and in a verifiable manner.
If the Service Provider can fulfill the consumer's warranty or guarantee claim
he cannot comment on his position at the time of his announcement
-if the request is rejected, the reason for the rejection and the possibility of turning to the conciliation board
- must notify the consumer in a verifiable manner within five working days.
The Service Provider is obliged to keep the protocol for three years from the date of its recording and to present it at the request of the inspection authority. The Service Provider must strive to make the repair or replacement a maximum of fifteen
within a day
11. Miscellaneous Provisions
The service provider is entitled to use a contributor to fulfill its obligations. You are fully responsible for its illegal behavior, as if you had committed the illegal behavior yourself.
If any part of these Regulations becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts will not be affected.
If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right cannot be considered a waiver of that right. A waiver of any right is only valid if expressly stated in writing.
The fact that the Service Provider does not strictly adhere to an essential condition or stipulation of the Regulations on one occasion does not mean that it renounces to insist on strict compliance with the given condition or stipulation in the future.
The Service Provider and the User try to settle their disputes amicably.