General Terms and Conditions
Effective: 2023. January 1.
1 CONTRACT PARTIES
1.1 DETAILS OF THE SERVICE PROVIDER
LaVida Oriental Heritage Kft (hereinafter referred to as the “Service Provider“)
Registered office: 2030 Érd, Zengő utca 40. Company registration number: 13-09-222404 (registering authority: Budapest Környéki Törvényszék Cégbírósága). Tax ID: 32069590-2-13, EU TAX ID: HU32069590
The Service Provider sells, on the basis of an order placed by the Customer, products selected by the Customer in the Service Provider’s webshop, furnishing products, in particular furniture or other prefabricated textile products, or products ordered individually according to the Customer’s instructions.
The Service Provider may also use an intermediary third party to provide the services.
1.2 CLIENT, CUSTOMER
The Customer is a private individual, legal entity, unincorporated business or other organisation that falls into one of the following categories under the General Terms and Conditions (hereinafter referred to as “GTC”):
Customer: a private individual, legal entity, unincorporated business or other entity who, by placing a written order (on the website or by e-mail) with the Service Provider under the terms and conditions of the GTC, and by expressly accepting the terms and conditions of the GTC in writing, which may be verified subsequently, and subject to the condition of such acceptance, uses the Service Provider’s services after providing his/her own data.
Person eligible to receive delivery of the product: the individual, legal entity, company or other organisation without legal personality who is named on the order placed by the Customer as being entitled to take delivery of the product or who can credibly prove that he/she is entitled to take delivery of the product to be delivered to the Customer in the event of delivery or personal delivery.
Consumer: an individual Customer acting outside the scope of his profession, self-employment or business activity.
2 THE SUBJECT OF THE CONTRACT
LaVida Oriental Heritage Ltd, as the Service Provider, sells to the Customer, on the basis of the Customer’s order, individual or prefabricated furnishings, in particular furniture, decorative objects and other textile products, in accordance with the terms and conditions set out in these GTC and the applicable legislation governing the Service Provider’s activities, on the basis of the Customer’s order and against payment of the purchase price.
3 COMMENCEMENT, AMENDMENT AND TERMINATION OF THE CONTRACT
3.1 COMMENCEMENT OF THE CONTRACT
The service contract is concluded between the Service Provider and the Customer when the Customer places a written order with the Service Provider on the website https://lavidaorientalheritage.com/ (or, in the case of an individual order, sends it by e-mail), accepting the terms and conditions of the current GTC and the order is made available to the Service Provider. If the Customer does not wish to have a prefabricated product but a custom-made product made, or if the Service Provider obtains a pre-ordered product expressly at the Customer’s request, i.e. on the basis of an order (hereinafter referred to as “Pre-Order”), the Service Provider shall be entitled to charge the Customer for the delivery of the Pre-Order. “custom order”), the contract shall be concluded between the parties when, in the case of a custom order, the exact parameters of the product to be purchased are sent to the Supplier and expressly accepted in writing by the Supplier, or, if a quotation and order conditions comprising several statements are agreed between the parties, the contract shall be concluded on the date of the final and clearly identifiable conditions of the quotation or order, after the other party has made an express written statement of the final and clearly identifiable conditions, and the purchase price for the custom order has been paid in full.
The technical information necessary for the use of the Service Provider’s Website, which is not included in these GTC, is provided by other information available on the Website.
The Customer acknowledges and accepts that by submitting the order to the Service Provider, the Customer expressly requests that the Service Provider commence performance before the expiry of the time limit for exercising the Customer’s right of withdrawal/cancellation pursuant to Article 19 of Government Decree 45/2014 (26.II.26.).
The commencement of the performance of the contract covered by these GTC shall be deemed to be the written confirmation, whether automatic or individual, sent by the Service Provider in response to the order.
In the case of a contract for the provision of services, the parties may derogate from the provisions of these GTC by mutual agreement, unless such derogation is prohibited by the applicable legislation.
Where the GTC provide for the form of the contract to be in writing, the service contract shall be deemed to be concluded by the signature of the written contract by all the contracting parties. The Customer acknowledges that the present GTC shall constitute a written agreement, which shall be filed by the Service Provider in its own records in a uniquely identifiable manner, which shall be accessible in the Service Provider’s records after execution, and that electronic acceptance thereof shall constitute written acceptance.
The service contract between the Customer and the Service Provider is concluded for a fixed term, at the latest until full payment of the consideration for the service used by the Customer, including any subsequent collection costs or other additional costs, with the proviso that, if the receipt of the product or the provision of the service is delayed, later than the date of payment of the fee, the contractual relationship between the parties shall continue until the date of receipt of the goods or services by the Customer or by a person entitled to take delivery or return them on his behalf in accordance with these GTC or, if the Customer has the right of withdrawal, until the expiry of the period of withdrawal or until the settlement of the withdrawal.
3.1.1 Rights and obligations of the Customer
a) In the event of a prior request for an individual quotation other than the prices indicated in the web shop operated by the Service Provider, the Customer acknowledges that the quotation given by the Service Provider is valid after its submission until the date indicated in the quotation, after which the Customer must request a new quotation – even by reference to the number of the previous quotation – in order to place the Order. The Customer must send the order required for the conclusion of the service contract to the Service Provider in writing on the Service Provider’s website or by e-mail, providing the data requested by the Service Provider, but at least the following data, with the Customer being liable for any resulting liability if the following data are provided to the Service Provider in a manner that is not true:
- customer details (name, address, telephone number, e-mail address),
- in the case of delivery, details of the delivery address (name, address, telephone number, e-mail address)
- billing details (name, address, telephone number, e-mail address, company name and tax number in the case of a company),
- name and telephone number of any contact person,
- payment method chosen
- chosen mode of transport
- in the case of a specific order, the relevant, identifiable conditions necessary for production
The Customer acknowledges that the Service Provider does not accept orders verbally, in person or by telephone, all data requested by the Service Provider must be sent electronically. In the case of an order placed via the webshop on the Customer’s website, the data summarised and displayed before clicking on the “Add to basket” button for the selected product and then the “Submit order” button, or even a purchase via the webshop, or after sending an individual order, in the case of a confirmation from the Supplier, the Customer shall check that the confirmation contains the correct data provided in the order, with the proviso that the Supplier shall not be liable if the confirmation contains data which is already incorrect in the order.
The Customer acknowledges that by completing the order form or any additional form linked to it, the Customer declares, in full awareness of his criminal liability, that he has provided correct data.
b) The Customer undertakes that if, through his own fault or the fault of the Supplier, he finds incorrect data on the order confirmation, he shall immediately, but no later than 1 working day after the order confirmation (8 a.m. on the following working day in the case of orders placed after 4 p.m.), indicate the incorrect data in writing to the Supplier, indicating the corrected data to be used instead of the incorrect data, after which time the Customer may not make any claim for damages or any other claim against the Supplier arising out of or in connection with the incorrect data.
The Customer shall be liable to pay a fee for the delivery of the product and the service. The Customer shall be entitled to indicate in the order a cost bearer other than the Customer (or a billing address other than the Customer) together with his details (name, address/place of residence, tax number and company registration number in the case of a company, telephone number, e-mail address). The Customer acknowledges that if the person bearing the costs is more than 5 days in arrears with the payment of the fee, the Service Provider shall be entitled to claim payment of the fee from the Customer by sending a copy of the invoice. The Customer acknowledges and accepts that the person who has paid the fee is jointly and severally liable with the person who has paid the fee, and therefore accepts that, in the event of failure to pay the fee in full or in part, the outstanding amount may be claimed in full from the Customer.
The Customer shall specify in the order the form of payment of the Service fee, taking into account clause 6.2 (indicating the advance payment method). Unless otherwise provided for in the GTC or the Parties, payment of the Service fee shall be due upon receipt of the invoice for the Service and/or the Product, by the date indicated on the invoice. The Customer acknowledges and agrees that, if he places an order with the Service Provider, he shall pay in advance the full purchase price of the ordered Products, or if the Service Provider requests only an advance payment, on the basis of the invoice issued by the Service Provider, on the understanding that the Service Provider shall not be obliged to start ordering the ordered Products and providing the Service until the amount of the consideration requested by the Service Provider for the Products has been credited in full to the Service Provider’s account or otherwise paid. In the case of individual orders and advance payment, the time limits for performance applicable to the Supplier shall be calculated from the date of full payment of the purchase price.
d) The Customer further agrees that the Service Provider shall be entitled to refuse to confirm a new order until the order exceeding the gross value of EURO 100, calculated on the basis of the total of validly placed orders in the Service Provider’s records, has been fully executed or has not been paid in full, or to postpone the confirmation and execution until the consideration has been paid in full. If the Service Provider does not inform the Customer of the refusal or postponement of the confirmation or performance in the confirmation document, the Service Provider shall be obliged to perform the order in accordance with these GTC.
e)The Customer is obliged to be present at the delivery location indicated by the Service Provider on the delivery date indicated by the Service Provider, with the proviso that if the mobile telephone number provided cannot be reached and no one is present at the address of the Customer on behalf of the Customer, the Service Provider shall return the ordered product to the registered office of the Service Provider, and the Customer shall be entitled to collect it in person at the registered office of the Service Provider within 30 days of the date of return, subject to payment of the costs of delivery and return, of which the Service Provider shall inform the Customer of the return within 2 working days of the date of return at the confirmation address. The Customer accepts that if the goods are not collected within the time limit specified, the Service Provider shall be entitled to sell them to a third party, with a simultaneous claim for the full amount of the price of the goods (without any refund or reduction of the price in the case of advance payment).
f) The Customer may exercise his rights under these GTC, in particular his right to give instructions, through a contact person to be named separately, if he does not personally contact the Service Provider, at the Customer’s risk and full financial and legal liability, that all statements and acts of the contact person shall be deemed by the Service Provider to be the exercise of the Customer’s rights and that the Service Provider shall not be obliged to investigate or question the nature of the legal relationship between the Customer and the contact person and the procedural authority and person of the contact person in any way during the term of the legal relationship.
g) If the Consumer wishes to exercise his right of withdrawal/cancellation under clause 4.2, he shall send a clear statement of his intention to withdraw/cancel by e-mail to the following e-mail address: email@example.com or by sending the model letter in Annex 2. If the Consumer submits his/her declaration by e-mail, the Service Provider shall immediately acknowledge receipt of the withdrawal/cancellation on a durable medium (e.g. by e-mail) to the Consumer. The above declaration may only be validly made by the Customer who is the Consumer.
h) The Customer acknowledges and accepts that until the ordered product is paid in full to the Supplier, including all additional costs, the ordered product remains the property of the Supplier.
3.1.2 Rights and obligations of the Service Provider
a) The Service Provider undertakes to send to the interested parties a quotation including the terms of delivery in case of individual and ad hoc requests for quotation, provided that if the request for quotation is made by telephone, the Service Provider can only fulfil the request if the other party provides his/her e-mail contact details. The Service Provider shall not be liable in any way whatsoever if the caller provides an e-mail address at which no quotation is expected. If the interested party does not provide the Service Provider with a specific and explicit Order response regarding the quotation within the validity period of the quotation, any statement by the interested party shall not be deemed to be an Order. However, in the event that the interested party wishes to accept the Service Provider’s offer with changes or sends it as an order, the statement sent as a counter-offer shall only be deemed to be an order giving rise to a contract if the Service Provider accepts it in writing and undertakes to perform the service within 10 working days of receipt of the counter-offer.
b) The Service Provider shall confirm in writing the order sent by the Customer for the use of the Service electronically by e-mail within 2 working days of the acceptance of the order by confirming the data provided in the order. If the confirmation is not received by the Customer within the time limit specified, the Customer shall be entitled to cancel his order, but if the Customer does not exercise his right of cancellation before the confirmation is actually sent, it shall be deemed to have been duly confirmed.
In the event that the ordered product is not at the disposal of the Service Provider or cannot be delivered within the time limit set out in these GTC or for any other reason the Service Provider is unable to fulfil the order, the Service Provider shall inform the Customer of this in the confirmation. On the basis of such information by the Service Provider, no contract shall be concluded between the parties and any payments made by the Customer up to that time shall be reimbursed by the Service Provider in accordance with the provisions of these GTC.
c) The Service Provider shall process and organise orders received electronically.
d) The Service Provider shall procure and conclude with its partner or other service provider any additional transport and other contracts necessary for the performance of the service ordered by the Customer, for the forwarding of the consignment to the Customer or to the person designated by the Customer, and shall perform any other tasks related to the forwarding of the consignment. The Service Provider shall conclude carriage and other contracts with third parties and partners outside the Service Provider on its own behalf but for the benefit, at the risk and expense of the Customer.
e) The Service Provider shall, if he uses such a service and does not carry out the delivery himself, choose the carrier or other forwarder, determine the route and fulfil his other obligations taking into account economy and the safety of the shipment.
f) The Service Provider shall follow the instructions of the Customer and shall provide the Customer with information on the performance of the order in a form that does not hinder or limit the Service Provider’s performance.
g) The Service Provider shall send written feedback to the Customer within 1 working day upon written request. The contact address of the customer service is firstname.lastname@example.org, where it can provide information based on the order identification number. In the event of a telephone consultation, the Service Provider does not record telephone conversations, so that any information or other statements made over the telephone cannot be retrieved and are acknowledged by the customer in contact with the Service Provider.
h) The Service Provider shall be entitled to invoice and pass on to the Customer any unforeseen costs (e.g. fines, additional charges, other costs, damages claimed against the Service Provider by third parties) which the Service Provider incurs during the period of the ordered service due to the Customer’s breach of the law or any provision of these GTC. The Customer acknowledges that the Service Provider shall not be entitled to investigate the legality of any costs, fines, damages, etc. claimed against it for the Customer’s conduct or statements and other actions taken in connection with this legal relationship, nor shall it be obliged to initiate or conduct any proceedings on the merits to contest or investigate their legality.
i) The Supplier shall indicate the characteristics and essential properties of the products on the website next to the product
3.2 AMENDMENT OF THE CONTRACT (EX-POST PROVISION)
The Customer has the right to amend the contract only in the following cases:
3.2.1 During the period between the dispatch of the order and the sending of the confirmation
The Customer may amend his order without limitation until receipt of the Supplier’s confirmation, provided that the Customer shall pay any additional costs incurred as a result of the amendment or, if the Supplier is obliged to make a refund due to the amendment, the Customer accepts that the Supplier is entitled to deduct the costs of the refund. The Customer acknowledges that if the order is confirmed by the Service Provider by means of an automatic reply and the automatic confirmation is sent to the Customer by the Service Provider on the day of the amended order, the provisions of Section 3.2.2 shall apply to the amendment.
Furthermore, the Customer is entitled to modify his order at any time during the entire term of the contract, provided that it contains information that does not prevent or delay the execution of the order and that the modification does not affect the performance phase already started by the Service Provider (e.g. the Customer requests the delivery of the Products to a different address prior to delivery, which does not result in additional costs).
3.2.2 Sending the confirmation after the start of executing order
The Customer may modify his order after the Supplier’s confirmation has been sent and is available to the Customer only with the Supplier’s written consent (whether recorded by e-mail) or on the terms and conditions set out in a specific written agreement which constitutes an amendment to the contract, on the understanding that the Customer shall pay any additional costs incurred as a result of the modification and, if the Supplier is obliged to make a refund as a result of the modification, the Customer accepts that the Supplier is entitled to deduct the costs associated with the refund. The Customer acknowledges and accepts that the Supplier is not obliged to agree to the amendment and that, if the amendment is refused, the Customer shall be obliged to perform for the Supplier in accordance with the terms of the original order.
3.2.3 Modification required due to a technical error at the Service Provider
If the Service Provider discovers during the confirmation process that the price calculator or other interface of the website contains incorrect data, especially regarding the price of products, the Service Provider reserves the right to provide the service against the corrected, actual price. In this case, the Service Provider shall send the Customer information on the actual data and the corrected prices, with the proviso that the Customer must expressly accept the corrected prices, as amended for the purposes of the order, within 5 working days of the Service Provider’s notification or may declare that it wishes to withdraw from the contract, failing which, in the absence of a reply, it shall be deemed that no contract has been concluded between the Service Provider and the Customer. Consequently, the Service Provider may not commence performance in the absence of written (or e-mail) feedback or consent from the Customer. If the Service Provider commences performance in the absence of the above information, the Customer shall not be obliged to pay any costs in excess of the fee indicated in the order and confirmation.
4 REFUSAL, TERMINATION AND IMPOSSIBILITY TO PROVIDE THE SERVICE
4.1 REFUSAL TO ENTER INTO A CONTRACT AND REFUSAL TO PERFORM
The Service Provider shall be entitled to refuse to conclude a contract for the provision of the Service or, in the case of a contract that has been concluded, to refuse to perform the Service if the Customer or the person designated by the Customer as the cost bearer (not necessarily arising from the same order) has an outstanding debt (whether or not due and payable in full) to the Service Provider. The Service Provider may also refuse to conclude the contract if the aforementioned persons have paid the principal amount of their previous debt but have not yet settled any additional costs with the Service Provider.
If the Service Provider wishes to refuse to conclude and/or perform the contract in accordance with this clause, the Service Provider shall inform the Customer of this circumstance, stating the reason and the amount of the debt, on the understanding that if the Customer settles the debt and pays the amount of the outstanding order in advance, there shall be no obstacle to the conclusion of the contract and performance. The Supplier shall not be liable for damages or any other legal consequence of late performance in the case of a contract neither concluded nor performed until the Customer has paid the amount due under this paragraph, including any additional amounts
4.2 TERMINATION OF CONTRACT
Grounds for termination of the service contract:
- the Service Provider has performed the service contractually agreed upon and the Customer and/or the Client has paid the full amount of the service;
- the product cannot be delivered to the address provided and, despite notification, the Customer fails to take delivery of the product in accordance with 3.1.1. g) and the fee due has been paid to the Service Provider;
- by mutual agreement of the parties;
- by the exercise of the Consumer’s right of withdrawal/cancellation;
- the Supplier is deleted from the register of companies.
The Consumer has the right to withdraw without giving any reason within 14 days of receipt of the product ordered from the Service Provider and covered by these GTC (in the case of several products ordered, this period is calculated separately for each product and for each receipt).
Legal persons other than the Consumer may not exercise the right of withdrawal without giving reasons.
The Consumer may freely exercise the right of withdrawal without giving reasons during the period between the ordering of the product, i.e. between the conclusion of the contract with the Supplier and the receipt of the product. The declaration of withdrawal/cancellation may be made by the Consumer by means of a clear letter to that effect or by means of the model letter in Annex 1 to these GTC, and the statutory time limit shall be deemed to have been observed if the declaration is sent within 14 days. In the event of a dispute, the burden of proving that the 14-day time limit has been observed in relation to the exercise of the right of withdrawal/cancellation shall lie with the Consumer.
The Supplier shall confirm the withdrawal/cancellation by electronic means.
In the event of the exercise of the right of withdrawal/cancellation, the Customer must return the product concerned by the exercise of the right within 14 days of the date on which the declaration was made. This time limit shall be deemed to have been observed if the product has been handed over to the Supplier for return but has not yet been delivered to the Supplier.
The right of withdrawal/cancellation cannot be exercised:
(a) after the service has been fully performed, but where the contract imposes a payment obligation on the consumer, this exception may be invoked only if performance has begun with the consumer’s express prior consent and the consumer’s acknowledgement that he will lose his right of withdrawal once the undertaking has fully performed the contract;
(b) for goods or services whose price or price is subject to fluctuations in the financial market which are beyond the control of the undertaking and which are possible even during the period laid down for exercising the right of withdrawal;
(c) in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer;
4.3 UNDELIVERABLE ITEMS
Where a Product is considered undeliverable if, for reasons beyond the control of the Supplier, it cannot be delivered to the Customer or to the addressee (or other authorised recipient) designated by the Customer, clause 3.1.1. e) shall apply.
5 DETERMINATION AND PAYMENT OF THE FEES FOR THE SERVICES
5.1 DETERMINATION OF FEES
The Customer shall pay a fee for the use of the services and products advertised in the GTCs (hereinafter referred to as “Products”) against an invoice issued by the Service Provider. The Customer acknowledges that if the billing data are not filled in on the order, the Service Provider shall automatically take the Customer’s data as the billing data.
The current price of the products or services will be clearly indicated on the Service Provider’s webshop as the price related to the selected product. The price, which is the end-consumer price, always includes the current amount of VAT, so that the price of a product on the website is indicated as the net price divided by the VAT content. The gross retail price includes the amount of any duty on purchases. In the case of individual orders, the price of the product shall be indicated by the Supplier in the individually drawn up quotation as the price of the product to the Customer.
The Service Provider shall issue an electronic invoice for the purchase price, to which the Customer and any other person who may be responsible for the costs shall consent and accept.
The Supplier shall grant a discount on the price of the Products to the following Customers:
Registered Customers: Customers who register on the Service Provider’s website are entitled to loyalty points based on purchase value, which are credited after the current order is completed and redeemable for discounts on future purchases in accordance with the terms of the loyalty program as indicated on the website.
Resellers, contracted sales partners: these Customers are entitled to request a special price for the products distributed by the Service Provider, which can only be used after prior registration. The amount of the discount may be subject to a minimum order value and the amount of the cumulative discount available will be specified on a case-by-case basis by the Service Provider before the order is finalised, and must be actively accepted in writing by the Customer in order to finalise the order.
The Supplier reserves the right to grant, modify or withdraw discounts.
The Supplier informs the Customer that the products are insured up to a value of 1.000.000,- HUF, which insurance premium is included in the purchase price. If the Customer wishes to take out insurance including more insurance conditions than the insurance conditions indicated on the website, or insurance for a larger amount of products, i.e. extra insurance, he may request extra insurance including the insurance conditions indicated on the website, the price of which will be accurately calculated by the order calculator before finalising the order.
The Service Provider informs Customers that both the individual quotations provided by the Service Provider and the Service Provider’s website show the gross amounts of the net prices plus VAT, which do not include the delivery costs of the products. As a result, the price calculator on the Service Provider’s website, which can be used for ordering, and the Service Provider’s invoice will display gross amounts in accordance with the applicable legislation on taxation and VAT payment, and the delivery charge will be displayed separately in the price calculator, depending on the form of collection or delivery indicated by the Customer. In view of the fact that, due to the method of calculation of the VAT % rate, there may be a discrepancy between the amount indicated by the Fee Calculator at the time of ordering and the amount indicated on the invoice sent after the order is placed, due to rounding, the Service Provider draws the attention of the Customer and the Costumer to the fact that the Service Provider does not undertake to refund any additional payment resulting from rounding only.
The Customer undertakes to pay to the Service Provider the additional costs resulting from the amendment of the contract initiated by the Customer pursuant to Clause 3.2, on the understanding that if the Customer has paid the price of the Product before performance, the Service Provider shall be entitled to issue an invoice for the difference.
The price of the services or products is determined by the Service Provider and accepted by the contracting parties as a pro rata amount. The Service Provider shall be entitled to unilaterally modify the price of the Products at any time in the webshop, but the price of the Product concerned by an order placed by the Customer may not be modified after the order has been placed, in the absence of an order for any reason whatsoever.
The Customer shall be liable to pay the new charges from the date on which the change of charges takes effect.
The Service Provider may claim the fees for the services and products and any additional costs related thereto in accordance with the provisions of the Civil Code within the time limit specified therein.
The Customer acknowledges that, if the Customer and/or the actual cost bearer who is dependent on the Customer are in default of payment of the fee due to the Service Provider by the deadline indicated on the invoice issued by the Service Provider, the Service Provider shall be entitled to interest on arrears at the rate of twice the base rate of the central bank of the Republic of Hungary for each day of delay in addition to the fee claimed. If the Customer and/or his/her representative is more than 5 working days in arrears with the payment of the invoice, the Service Provider shall be entitled to cancel the order and the discount due at the time of the cancellation and any price increase before the applicable price increase shall no longer apply.
The Customer acknowledges and agrees that if, after placing an order, the Supplier notifies the Customer that an incorrect price has been inadvertently indicated for the ordered product and informs the Supplier of the actual price of the product, the Customer must expressly accept the corrected and actual price in writing within 5 working days, failing which the order will be cancelled. In the event of rejection of the incorrect price, the Customer shall be entitled to cancel the order without any adverse legal consequences and without any material damage. The Service Provider shall not be liable for any liability or compensation of any kind to the Customer or any third party arising from the indication of an incorrect price, and the Customer acknowledges that the Service Provider shall not be obliged to sell the product at the incorrect price.
The Customer further acknowledges that if the Service Provider initiates any proceedings against the party liable to pay the charges for the collection of overdue debts and other outstanding debts, the Service Provider shall be entitled to claim from the Customer (including the actual cost bearer, if any) as the debtor all costs incurred by the Customer in connection with the initiation of the proceedings and the collection of the debt, subject to the provisions of the Civil Code. 6:155 (2) of the Civil Code, if the Customer or the actual cost bearer qualifies as an undertaking under the provisions of the Civil Code, the Service Provider shall also be entitled to a lump sum of EUR 40.
5.2 PAYMENT METHODS
Payment for the services can be made by the following methods:
Payment by card via STRIPE: the Customer can pay for the ordered product by credit card during the purchase process directly on the service providers website.
Bank transfer: in the case of payment, the Customer undertakes to pay the purchase price of the product on the basis of the invoice issued by the Service Provider after placing the order, within the time limit indicated on the invoice, based on the data indicated on the invoice, accompanied by the order confirmation attached to the order.
The purchase price of the Products shall be payable in advance, provided that if the selected Product to be purchased is in stock, the full purchase price shall be payable before delivery of the Product, but if the Product is not in stock, the Service Provider shall order the Product on the basis of the Customer’s order, or to reserve the product in advance before taking it into stock, the Customer shall pay 30% of the gross purchase price of the product when the order is finalised and the remaining 70% after the Service Provider has informed the Customer of the taking of the product into stock, on the basis of an invoice issued by the Service Provider.
6 DELIVERY, HANDING OVER/DEADLINES FOR DELIVERY
6.1 GENERAL RULES FOR DELIVERY, TIME LIMIT FOR DELIVERY
General deadline: the Service Provider undertakes to deliver the ordered products to the Customer by courier service to the specified domestic delivery address in Hungary within the deadline indicated in the order confirmation (expected delivery deadline 5-15 working days after the order confirmation and payment of the purchase price). The Service Provider is entitled to specify a time interval for the expected delivery time, the specific date of which will be specified by the selected courier service.
Specific deadline: the Service Provider undertakes to deliver either products in stock ordered through the webshop or products ordered on the basis of a specific order, the Service Provider may indicate a specific deadline for delivery other than a time interval in the order confirmation or in the information letter sent after the confirmation. The Customer acknowledges that, if the Service Provider does not specify a specific time limit for performance, it shall be entitled to perform at any time during the specified period. The Customer may also initiate the setting of a specific time limit, on the understanding that if the Service Provider is unable to commit to a specific time limit, i.e. a specific day within a given delivery period, the Customer shall not be granted any right of withdrawal beyond the right of withdrawal/cancellation granted to the Consumer.
The Supplier shall deliver the ordered products in the following manner:
By courier, which the Supplier can provide using the courier services indicated on the Website, subject to the delivery charges indicated in the ordering process. The courier service, as the delivery partner, only indicates the expected delivery date, but the Service Provider is not responsible for whether the Customer can agree a more precise delivery time with the delivery partner within the day. The Customer acknowledges that the delivery partner may charge additional costs if the product does not fit into a lift, has to be delivered upstairs or other transport difficulties arise when the furniture is delivered, which the Customer shall pay directly to the delivery partner at its own expense.
The Supplier or its delivery partner shall deliver the Products to the address indicated by the Customer, unless otherwise agreed by the parties or the Customer. If delivery of the Products is prevented, the Service Provider’s delivery partner or the Service Provider itself shall inform the Customer by telephone or e-mail, if possible.
The Service Provider shall provide the opportunity for personal pick-up at its warehouse located in Hungary at 1097 Budapest, Gubacsi út, only upon prior arrangement, which the Customer acknowledges.
In the event of any obstacles to the delivery of the product, the Service Provider’s delivery partner or the Service Provider itself shall inform the Customer by telephone or e-mail, if possible.
The Customer accepts that if the Supplier ensures receipt of the Products within the agreed time limit or attempts to deliver the Products on the basis of the Customer’s order, but is unable to do so or, for reasons in the Customer’s interest, the Supplier is unable to deliver the Products to the Customer or his authorised representative until after the agreed time limit, the Supplier shall not be liable in any way, in particular financially.
6.2 PLACE OF DELIVERY
6.2.1 Home delivery
The Service Provider’s delivery partner delivers to the Customer’s home address if the address is within the approved list of selected countries in the EU. These shipments are classified as international on the website.
6.2.2 Indirect delivery
The Service Provider’s delivery partner shall deliver the goods to the head of the organisation at the address concerned, or to the person authorised by him to receive the consignments, instead of the Customer’s private individual, in the cases specified by law, at the place provided by the indirect deliverer.
6.2.3 Personal collection at the Service Provider’s premises
The Service Provider can arrange personal collection at its warehouse in Hungary, Budapest by prior arrangement. The Customer agrees to collect the ordered products without delay at the time agreed with the Service Provider.
6.3 DELIVERY OF THE CONSIGNMENT TO THE PERSON ENTITLED TO RECEIVE IT
The Customer, the authorised representative, the substitute recipient and the indirect deliverer are deemed to be the authorised recipients.
The Service Provider or its delivery partner shall deliver all consignments to the authorised recipient. Delivery to the authorised recipient shall constitute performance of the Service Contract.
The person entitled to receive the goods to be delivered to a legal person, an unincorporated business association or other organisation (hereinafter collectively referred to as “organisation”) is the chief executive officer of the organisation.
The authorised recipient other than the Customer shall be liable for the delivery of the consignment to the Customer in accordance with the general rules of civil law, which the Service Provider and its delivery partner shall not be obliged to inspect, and the Service Provider shall not be liable for the actual delivery.
6.3.1 Acknowledgement of receipt
The recipient must acknowledge receipt of the goods by signing his/her full name legibly on the delivery document or on the courier’s instrument after the date of delivery has been recorded. The person accepting the Product undertakes to check the Product for damage before the courier of the delivery partner on receipt of the Product, as the Service Provider will hand over the Product to the delivery partner for delivery after taking photographs to prove the condition of the Product.
If the Product is damaged on receipt, the procedure in clause 6.3.2 shall apply. In other respects, the Customer acknowledges that if the person taking delivery does not check the condition of the Product on delivery and any visible defect or damage is not recorded on the courier’s delivery document, the Customer shall not be entitled to claim compensation from the Supplier for any damage that subsequently exists on receipt.
If the Customer does not acknowledge receipt of a product to be delivered to a private individual, the recipient must also indicate the relationship between the Customer and the recipient (e.g. proxy, close relative).
In the event of refusal to sign, the Service Provider shall, through its delivery partner, return the product to the Service Provider’s head office as undeliverable, stating the reason, and the Customer or his certified representative shall be entitled to take delivery of the product only after payment of the cost of redelivery of the product and requesting redelivery of the product.
Products to be delivered to a Customer who cannot write, who does not know Latin characters, who is blind or who is unable to write due to other changes in his physical condition must be delivered in the presence of a witness of legal age who can write. The witness shall sign his or her name on the delivery document, indicating this capacity, at the time of delivery. The identity of the witness and of the Customer must be verified before the deliverer.
6.3.2 Withdrawal, return
The Service Provider shall attempt to deliver the ordered Products to the Customer, Authorised Representative or substitute recipient via its delivery partner, which, if the Customer fails to deliver the Products after two attempts, shall be returned to the Service Provider by the delivery partner, stating the reason for non-deliverability.
If the recipient inspects the products delivered by the courier of the delivery partner before the courier and sees any damage or defects on the products, he/she is obliged to report this to the courier and to record the defects detected on the delivery document and to take a photo of the defects. The Customer undertakes to send the defects detected by the recipient and the photos of the defects to email@example.com within 7 days of delivery so that the Service Provider can examine them. The Service Provider will only accept clearly visible, clear pictures, if the Customer sends a blurred, poor quality picture which is not suitable to verify the defect or damage, it will be considered that the Customer has not verified the existence of the damage, the consequences of which will be borne by the Customer.
If, at the time of delivery, the Customer or his authorised representative declares in writing that he does not accept the goods, i.e. that he does not take delivery of them, or that he discovers a defect when the goods are inspected by the courier and does not wish to accept them or to assert a claim for defective performance and therefore wishes to return them immediately, the goods shall be returned to the Supplier by the Supplier’s delivery partner. The Customer, or the substitute recipient present at the time of delivery, must record in writing the reasons for refusing to accept delivery. If these persons refuse to make a written declaration, the Service Provider’s delivery partner shall record this fact on the delivery document.
If the goods cannot be delivered for reasons outside the control of the Supplier or his delivery partner, the Supplier’s delivery partner shall return the goods to the Supplier, stating the reason.
The Consumer accepts and undertakes that if he/she exercises his/her right of withdrawal/cancellation according to clause 4.2, he/she shall return the previously received product within 14 days from the date of the communication of the relevant statement, or return it to the Service Provider’s representative, for which the Consumer shall be liable for damages for delayed performance. In the event of the exercise of the right of withdrawal/cancellation, the Service Provider shall assist in arranging the return of the goods, if so requested by the Customer in writing in the withdrawal/cancellation notice. In such a case, the Supplier shall arrange for the return of the goods at the Customer’s expense within 5 working days of receipt of the cancellation/termination notice, the cost of which shall be deducted from the price of the goods to be returned. The Consumer acknowledges that the Supplier shall not bear the cost of returning the goods. The Consumer further accepts that the Supplier may withhold the amount to be refunded to the Consumer until the Consumer has returned the Product or has proved beyond reasonable doubt that he has returned it.
7 INFORMATION, COMPLAINTS
The Service Provider undertakes to inform its Customers of any material changes to the terms and conditions of the Service.
It will publish it on its Internet site for the use of its customers:
- General Terms and Conditions;
- the charges and delivery costs applied;
- Telephone number, e-mail address and other contact details of the permanent contact person;
- all other information of public interest
7.2 USER NOTIFICATIONS, COMPLAINTS
The Service Provider shall ensure that the Customer may make complaints (hereinafter referred to as “complaints”) about the services and products free of charge.
The Customer may lodge a complaint in writing to the e-mail address, website or postal address of the Service Provider in accordance with the provisions of the Civil Code, stating the grounds for the complaint.
A complaint is a notification in which the Customer alleges that the service provided by the Service Provider does not comply, in whole or in part, with the legal provisions or the General Terms and Conditions.
The Service Provider is obliged to examine complaints received in a free, simple, transparent and non-discriminatory procedure.
In the event of a verbal complaint, the Service Provider shall, as far as possible, take immediate action to settle the complaint and provide the necessary information. The Service Provider shall investigate the complaint and respond to the customer as soon as possible and in any event within 30 calendar days of the date of the complaint.
In the case of complaints made orally or by telephone, the date of lodging of the complaint shall be the date of lodging, and in the case of complaints in writing, by letter or otherwise, the date of receipt. The Service Provider shall keep a record of the complaint made orally and shall provide it with a unique identifier, which shall be kept for three years and may be handed over to the competent authority if necessary. The record shall include in this case:
- the consumer’s details (name, address),
- place and time of the complaint,
- description of the complaint, detailed record of the complaint,
- the person who took the record,
- place and time of recording the report,
- identification number,
- immediate reply from the service provider or record that he will reply later
The Service Provider keeps a record of all complaints.
If the service user does not accept the reply to the complaint or the Service Provider does not reply to the complaint within the time limit, the complainant may refer the matter to the Authority within 30 days of receipt of the reply or, in the absence of a reply, of the expiry of the time limit for reply. In its reply to the complaint, the Service Provider shall inform the Customer of the authority or conciliation body before which the Customer may initiate proceedings if the complaint is rejected, indicating the address and contact details of the competent authority. The Service Provider shall further inform the Customer in the complaint rejecting the complaint and in these GTC that, in the event of rejection of the complaint, the Customer lodging the complaint shall be entitled to initiate the following procedures:
- consumer protection proceedings
- judicial proceedings
- a conciliation procedure – the Customer may also apply to the body of his place of residence or domicile or to a body chosen by the Customer (https://bekeltetes.hu)
8 LIABILITY FOR THE PERFORMANCE OF SERVICES
The Service Provider shall be liable for the non-performance of the services in accordance with the provisions of the Civil Code and these GTC.
The Service Provider shall not be liable for any damage caused by services or products if it is due to an unavoidable cause beyond the control of the Service Provider:
- force majeure: acts of war, sabotage, riot, bombing or other emergency, natural disaster, fire, industrial action, threat of bombing, and measures taken at the disposal of the authorities authorised under the Defence Act;
- the delivery of the goods has been caused by the seizure of the goods by any Hungarian or foreign authority or by the failure to deliver the goods due to any Hungarian or foreign authority;
- for damage caused by the commission of an offence or criminal offence by a third party other than the Service Provider;
- the damage was caused by an offence or criminal offence committed by the Customer, his agent or a person acting on his behalf;
- indirect damage, loss of profit.
- the burden of proving the above damages shall rest with the following persons:
- the Service Provider: the Product was faultless and complete at the time of delivery and the damage was caused by an external cause beyond its control or by a person other than the Service Provider in the performance of the Contract;
- the Customer: to the extent that the goods or services were already defective and incomplete at the time of delivery
By handing over the product to a person entitled to receive it on behalf of the Customer, the liability of the Service Provider is transferred to the recipient, who is liable to the addressee according to the general rules of civil law.
In addition to the above, in the event of defective performance, the Customer may assert against the Service Provider under the provisions of the Civil Code a claim for ancillary warranty, product warranty or warranty, but the Customer may not assert the above claims simultaneously for the same defect.
The Service Provider draws the Customer’s attention, which the Customer acknowledges and accepts, to the fact that many of the products available in the Service Provider’s webshop are handmade products, and therefore, in the case of products with such characteristics, due to the nature of the material and the non-machine painting, and in view of the unique and unrepeatable nature of the handmade nature of the products, the surface of the products is not expected to be completely homogeneous and their shape is not perfectly uniform or identical, so that in the case of handmade products, in the event of a quality complaint, the reason for rejection is that the description of the complaint does not go beyond the appearance resulting from the handmade nature of the products.
A product shall be considered defective if it does not conform to the quality requirements in force at the time of marketing or if it does not have the characteristics described by the manufacturer.
In case of a warranty claim, the defective product may be repaired or replaced, unless the choice of the latter is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other claims. If the repair or replacement was not or could not be requested, the customer may request a proportionate reduction in the price or have the defect repaired or replaced at the expense of the Service Provider or, as a last resort, may withdraw from the contract. The Customer may transfer the right of warranty of his choice to another, but the cost of the transfer shall be borne by the Customer, unless it was justified.
A product warranty claim may be asserted for defective products if the customer does not wish to avail himself of the accessories warranty. In the context of a product warranty claim, the Customer may only request the repair or replacement of the defective product. A product shall be deemed to be defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.
The warranty does not affect the consumer’s statutory rights, in particular, but not exclusively, the rights to accessories, product warranty and damages. The seller/service provider is responsible for the performance of the warranty obligations and the costs related thereto. The rights arising from the guarantee shall be enforceable by means of a guarantee voucher, which shall not be conditional on the return of the opened packaging of the product by the consumer. The rights arising from the guarantee shall be enforceable by means of the invoice issued by the Service Provider or by means of documents proving payment of the consideration. The guarantee period begins on the date of delivery of the product to the consumer or, if the product is installed by the undertaking or its agent, on the date of installation, the date of which is recorded on the guarantee note.
Within the framework of the guarantee, the consumer may choose to claim under the guarantee:
– repair or replacement, unless the chosen warranty claim is impossible to meet or would result in disproportionate additional costs for the supplier compared with another warranty claim, taking into account the value of the service in its faultless state, the seriousness of the breach of contract and the damage to the consumer’s interests caused by the performance of the warranty;
– may request a reduction in the price of the goods in proportion to the value of the consideration (the price of the product) or have the defect remedied by another person for an equivalent amount and at the expense of the undertaking, or
– withdraw from the contract if the trader has not undertaken to repair or replace the goods, cannot fulfil his obligation to do so or if the consumer has lost his interest in having them repaired or replaced. In such cases, the purchase price of the product shall be refunded to the consumer. There shall be no withdrawal for minor defects.
The Service Provider is obliged to record the consumer’s warranty claim notified to him in accordance with the procedural rules of the NGM Decree 19/2014 (IV. 29.) on the procedural rules of handling warranty and guarantee claims for goods sold under a contract between a consumer and a business.
The warranty enforceable by the consumer is governed by the provisions of Government Decree No. 151/2003 (IX.22.) on the mandatory warranty for certain consumer durables.
Rules for repair and replacement
The repair or replacement must be carried out within a reasonable period of time, taking into account the characteristics of the goods and the purpose for which they are intended by the person entitled, and without prejudice to the interests of the consumer. The consumer may switch from one right to another. The consumer must pay the costs of the switch to the supplier, unless the undertaking has given a reason for the switch or the switch was otherwise justified.
Repair and replacement timelines
a) The Service Provider shall endeavour to carry out the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than fifteen days, the supplier shall inform the customer of the expected time for the repair or replacement no later than the 15th day. The information shall be provided, with the consumer’s prior consent, by electronic means or by any other means capable of evidencing receipt by the consumer.
If, during the guarantee period referred to above, the first repair of the consumer goods by the supplier establishes that the goods cannot be repaired, the supplier shall replace the goods within eight days, unless the consumer has provided otherwise. If it is not possible to replace the goods, the supplier must reimburse the consumer within eight days the purchase price indicated on the receipt, receipt or invoice9 presented by the consumer as proof of payment for the goods. If the consumer goods have not been repaired within thirty days of the date on which the request for repair is communicated to the trader, the trader must replace the goods within eight days of the expiry of the thirty-day period, unless the consumer has given a different instruction. If it is not possible to replace the goods, the Supplier shall reimburse the consumer the purchase price indicated on the receipt, invoice or receipt for the goods, presented by the consumer, within eight days of the expiry of the thirty-day time limit for repair
b) If the consumer claims for a replacement of the goods within three working days of the purchase (installation) due to a defect, the Service Provider may not claim disproportionate additional costs, but shall replace the goods, provided that the defect prevents the goods from being used as intended.
Place of repair
A consumer product which is fixed, or which weighs more than 10 kg or cannot be carried as hand luggage on public transport, with the exception of vehicles, must be repaired at the place of use. If the repair cannot be carried out at the place of use, the dismantling, installation, removal and return shall be carried out by the undertaking or, in the case of a repair request made directly to the repair service, by the repair service.
The following cases in particular, but not exclusively, are excluded from the scope of the guarantee:
- improper use,
- failure to comply with maintenance obligations,
- improper storage, handling, damage,
- where the defect has been caused by natural disasters or natural disasters
Compulsory maintenance obligations
Maintenance obligation of the consumer (if imposed by the manufacturer on the distributor):
The costs incurred by the compulsory maintenance obligation are borne by the consumer! If the failure of the goods may have been caused by the consumer’s failure to comply with the maintenance obligation, the consumer shall bear the costs incurred in fulfilling the guarantee obligation in proportion to his contribution, if he was aware of the maintenance of the goods or if the supplier has fulfilled his obligation to inform him in this respect.
In the event of a consumer dispute, the consumer may initiate proceedings before any of the conciliation bodies run by the county (metropolitan) chambers of commerce and industry.
8.1.1 General rules on compensation
The Customer shall have no right to claim compensation for defects within 6 months of the date of performance, other than the notification of the defect, provided that he proves that he has purchased the product from the Supplier. However, after 6 months from the date of performance, it is for the Customer to prove that the defect discovered by the Customer existed at the time of performance.
When the Customer asserts a product warranty claim, the Customer must prove that the product is defective, irrespective of the time at which the claim is asserted. The Service Provider shall be released from its product warranty obligation if it can prove that a) it did not manufacture or market the product in the course of its business, or b) the defect was not detectable according to the state of science and technology at the time of marketing, or c) the defect in the product is the result of the application of a statutory or mandatory official regulation. The Supplier shall only need to prove one ground for exemption.
The time limit for enforcing a warranty claim starts from the date of performance of the contract between the parties, i.e. the date of delivery of the consumer goods to the consumer or the date of their putting into service, and lasts for 1, 2 or 3 years, depending on the price of the product.
- 1 year for a purchase price between HUF 10 000 and HUF 100 000,
- years for a purchase price between HUF 100 001 and HUF 250 000,
- years for purchase prices above HUF 250 000
The consumer must notify the business of the defect without delay after the defect has been discovered. In the case of a contract between a consumer and a business, a lack of conformity communicated within two months of the discovery of the lack of conformity shall be deemed to have been communicated without delay. The consumer is liable for any damage resulting from the delay in notification. In the case of repair of the consumer goods, the duration of the guarantee shall be extended from the date of delivery for repair by the time during which the consumer was unable to use the goods as intended because of the lack of conformity.
8.1.2 How to submit a claim
The Customer may notify a claim in writing of damage to or total or partial defect of the Product as set out in clause 6.3.2 at the time of receipt or within 5 working days of the occurrence of a defect that subsequently becomes apparent.
The Customer shall notify the Service Provider of the defect in the Product without undue delay in the event of a claim under the accessory warranty, but not later than 2 months after the discovery of the defect, and the Service Provider shall inform the Customer that he may no longer assert his rights under the accessory warranty beyond the 2 year limitation period from the date of performance of the Contract. A claim for ancillary liability may be asserted against the Service Provider.
In the case of a product warranty claim, the Customer may assert it within 2 years of the date on which the product was placed on the market by the Service Provider, after which period the Customer shall lose this right. The product warranty claim may be asserted against the manufacturer or distributor of the product.
8.1.3 Assessment and payment of the claim for damages
The Service Provider shall assess the notifications and complaints and inform the Customer in writing of the outcome of the assessment in accordance with Chapter 7.
The Service Provider shall inform the Customer in writing of the reasons for the total or partial rejection of the claim.
8.1.4 Rate of compensation
In the event of a defect or breach of contract in the Products, the Service Provider shall pay compensation at the rate provided for in the Civil Code, provided that the Service Provider shall be liable for the damages in accordance with the provisions of the Civil Code. 6:152.§ of the Provider’s liability and obligation to pay damages.
8.2 THE PROVIDER’S OBLIGATION TO REIMBURSE THE FEE
The Service Provider shall reimburse the difference between the fee resulting from the higher fee established as the consideration for the product and the fee for the service not rendered, after establishing this fact, to the Customer or, if the person is different from the Customer, to the person indicated as the actual cost bearer in the order. If the overpayment is due to the Customer’s incorrect payment (and the overpayment can be established from the handling documents), the excess charge will be refunded by the Service Provider, less any reasonable costs incurred in connection with the refund, in the same way as the payment.
In the event of withdrawal or termination by the Consumer, the Service Provider shall be obliged to reimburse the costs incurred in connection with the performance of the service, including the delivery costs, within 14 days of becoming aware of the withdrawal or termination. If the Consumer has not chosen the least expensive usual mode of delivery when placing the order, the Supplier shall not be obliged to reimburse the difference between the least expensive delivery charge and the delivery charge chosen by the Customer. The Service Provider shall be obliged to repay the amount in the same way as the Customer or a person other than the Customer paid it, and to repay the amount to the person who previously paid the purchase price. The Service Provider may, at the request of the Customer, repay the repayment in a different manner from the way in which the purchase price was paid, but this shall not give rise to any additional costs for the Service Provider.
The Customer acknowledges that the Supplier is not obliged to fulfil its repayment obligation under this clause when exercising its right of withdrawal/cancellation until the Product has been returned to the Supplier. The Service Provider shall not be obliged to accept any consignment sent by cash on delivery or postage paid, and the dispatch of the Product in this way shall not constitute a proper return.
9 THE CUSTOMER’S LIABILITY
The Customer acknowledges and agrees that it is jointly and severally liable for any liability which, according to the data indicated in the order or according to these GTC, is imposed on another customer (e.g. for non-payment by the person who actually pays the costs).
The Customer agrees that it may make all statements in connection with the Service only to the Service Provider and may request information and statements only from the Service Provider.
The Customer accepts full legal and financial liability for any damage caused to the Service Provider resulting from any breach of the applicable laws and any provision of these GTC. In this context, the Customer shall compensate the Service Provider for any damage incurred, in particular, but not exclusively, as a result of:
- providing false personal data or true data impersonating another person,
- other details of the order are contradictory, incorrect, untrue or misleading,
- the order is filled in incorrectly, inconsistently, misleadingly or in such a way as to make it impossible for the Service Provider to comply with this Agreement or any legislation,
- the returned product has been damaged, either between receipt and return of the product or at the time of return of the product, due to inadequate packaging of the product
The Consumer acknowledges that he shall be liable for any loss of value resulting from use of the product beyond the use necessary to determine its nature and characteristics, even in the event of exercise of the right of withdrawal/cancellation. In the event of withdrawal by the Consumer, the Customer acknowledges that the Service Provider will only take back the product in its original condition, complete and intact packaging, without defects and without any damage. Accordingly, the Customer acknowledges and accepts that the Service Provider is entitled to deduct the amount of the depreciation of the returned product from the amount to be refunded by the Service Provider in the event of the exercise of the right of withdrawal/cancellation, or, if the product has already suffered significant depreciation, to refuse to refund the purchase price.
10 FINAL PROVISIONS
In matters not regulated in these GTC, the applicable Hungarian legislation in force at the time, but in particular the:
- Act CLV of 1997 on Consumer Protection
- Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
- Act V of 2013 on the Civil Code
- Government Decree No 151/2003 (22.IX.2003) on the mandatory warranty for consumer durables
- Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses
- 19/2014 (IV.29.) NGM Decree on the procedural rules for handling warranty and guarantee claims for goods sold under a contract between a consumer and a business
- Act LXXVI of 1999 on Copyright
- Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information
- shall prevail. The Service Provider is not a signatory to the Code of Conduct and therefore no such document is available to Consumers
The annexes to these GTC form an integral part of these GTC.
The parties agree that the legal relationship between the contracting parties shall be governed by Hungarian law and that the Budapest II and III District Court shall have exclusive jurisdiction over the service relationship, and the Budapest District Court shall have exclusive jurisdiction over any litigation depending on the value of the dispute.
The Contracting Parties agree that if any provision of these GTC is contrary to law and, therefore, the unlawful provision is deemed invalid, the validity and effect of the other provisions of these GTC shall not be affected. In place of the invalid provision, the parties agree to apply the provision of law that governs the original issue to which the invalid provision relates.
These GTC may be amended only in writing.
Budapest, 1 January 2023.
Notice of cancellation
|Name||LaVida Oriental Heritage KFT|
|Registered address||2030 Érd, Zengő utca 40.|
|Phone number||+36 20 3268115|
Customer (undersigned) data
|For company purchases:|
|– Company name|
|– Company TAX ID|
|– Registered address|
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal in respect of the contract for the sale of the following product(s):
|Article number and description of the products ordered for which you wish to exercise your right of withdrawal|
|Date of conclusion of contract / Date of receipt|
I request the return of the withdrawal amount to my bank account:
|Bank name:||Bank account number:|
I request that the Supplier organise the return of the product to me:
Please mark your choice with ‘X’.
If you would like the service provider to help you organise the return of your product to the service provider. Please return the product to the Service Provider at the following address:
|Street name and number|
|Contact name of pickup|
Signature of Customer(s): ________________________