GENERAL TERMS AND CONDITIONS OF CONTRACT
These General Terms
and Conditions of Contract (hereinafter: GTC) contain the rights and obligations of Customers (hereinafter: Customer) using the electronic commerce services provided by Szikkim Kft. (hereinafter: Service Provider) through the www.agopen.shop website (hereinafter: website). (The Service Provider and the Customer are hereinafter jointly referred to as Parties). With the exception of redistributor contracts, this GTC shall apply to all legal transactions and services conducted/provided via the www.agopen.shop website, regardless of whether they were conducted/provided from Hungary or abroad, by the Service Provider or by any of its contributors.
The Service
Provider’s details:
· E-mail address: info@agopenshop.hu
Contents:
1. General information, contract conclusion between
the Parties
2. How to order – general provisions
3. Binding offer, confirmation
4. Correction of data entry errors
5. Terms of delivery
6. Terms of payment
7. Right of withdrawal
8. Guarantee
9. Warranty
10. Replacement
11. Product reservation
12. Liability
13. Copyright
14. Legal remedy options
15. Privacy Notice
16. Miscellaneous provisions
1. General
information, contract conclusion between the Parties
1.1 The scope of this
GTC shall cover all electronic commerce services extended in the territory of
Hungary that takes place through the electronic shop (hereinafter: webshop)
located on the website. The scope of this GTC shall also cover all commercial
transactions concluded in the territory of Hungary between the Parties
specified herein. Purchases made in the webshop shall be governed by Act CVIII
of 2001 on certain issues of electronic commerce services and information
society services, Government Decree No. 45/2014 (II. 26.) on the detailed rules
of contracts between consumers and businesses, and Act V of 2013 on the Civil
Code.
1.2 Purchases can be
made in the webshop by submitting an order electronically in the manner
specified in this GTC.
1.3 Certain webshop
services are subject to registration.
1.4 Upon the
submission of the order and its confirmation by the Service Provider, the
Parties enter into a contract. The Contract shall be deemed to be a written
contract. The Service Provider registers the contract and retains it for 2
(two) years from the date of the Contract.
1.5 The language of
the contract is Hungarian.
1.6 The Service
Provider shall not be subject to the provisions of any code of conduct.
1.7 Place and
method of complaint handling:
2. How to order –
general provisions
2.1 The Customer is
required to provide his precise data for the order and for the performance of
the contract (i.e. the delivery of the product(s)). If the Customer has already
registered in the webshop, his data can be viewed and modified by clicking the
‘Data modification’ link. Registration is not required for browsing the
products and placing an order.
2.2 The Service
Provider shall not be liable whatsoever for late delivery or other problems and
errors that may result from the Customer’s incorrectly and/or inaccurately
provided data. The Service Provider shall not be held liable for any damages
incurred as a result. The Service Provider shall not be held liable whatsoever
for damages or errors resulting from the Customer’s alteration of registered
data.
2.3 Customers can
view a product datasheet containing the product’s main features and
characteristics by clicking on the thumbnail of the product. Please note,
however, that details on the concrete features of the product are only provided
in the instructions for use accompanying the product. More favourable and
enhanced product properties compared to the information available on the
website or in the instructions for use shall be deemed to be contractual
performance on the Service Provider’s part. Where required by law, the Service
Provider shall enclose the instructions for use with the product delivered.
Product details
provided in the webshop are indicative only. There might be slight differences
between the colour of the product and the photo as the photos have been taken
in a studio by using a flash. In the case of patterned fabrics, the pattern may
not be in the same place as in the photo due to the cut of the material. The
datasheet of individual products do not specifically warn consumers of such
potential discrepancies. Products can be ordered only in the sizes listed on
the datasheet. Where no European sizing is indicated on the datasheet of a
product, the Customer may obtain information concerning the corresponding
European sizes of a particular product by clicking on the ‘Size Charts’ button
shown in the website header.
2.4 The purchase
price is always the amount shown next to the selected product, which is
inclusive of the value-added tax. The purchase price of products – subject to
the exceptions listed in this GTC – does not include shipping costs.
2.5 The Service
Provider retains the right to change product prices with the proviso that the
price change shall enter into effect upon being displayed on the website. The
price modification shall have no adverse effect on the purchase price of
products already ordered; however, refund shall not be given if the price is
reduced between contract conclusion (the Service Provider’s acceptance and
confirmation of an order) and the receipt of the product.
If an incorrect price
is displayed on the website despite the Service Provider’s due care – with
special regard to obvious errors or a price vastly different from the estimated
price –, the webshop shall cancel the order placed at the wrong price and in such
cases, the offer for the purchase/sale transaction shall not be accepted by the
webshop. This information shall be communicated to the Customer after the
registration of the order as indeed, the message confirming the order is not to
be interpreted as the acceptance of the offer, especially in the case described
in this paragraph; offers can only be accepted at the correct price. Being
aware of this information the Customer shall be entitled to withdraw his
intention to purchase.
In the event the
webshop confirms the order of a product at the wrong price, the webshop shall
retain the right to contest the resulting contract on the grounds of mistake.
It shall be deemed a mistake in all cases where the consumer should have
recognised – with the circumspection and due care that can be generally
expected of a consumer upon the assessment of commercial practices – that the
website must have been mistaken in respect of the purchase price at contract
conclusion.
2.6 In certain
cases the prices posted in the webshop and those displayed in the stores there
may be different.
2.7 Up to 6 (six)
products can be ordered on one occasion.
2.8 Procedure of
placing an order:
2.8.1 On top of the
homepage the Customer can select from the following main categories depending
on for whom the product is to be purchased: Men, Women, Boys, Girls. Using the
filters displayed on the left-hand side of the page, the Customer can navigate
between brands, product categories and product features.
2.8.2 Product
datasheets can be accessed by clicking on the thumbnails. Size and colour can
be selected from the selected datasheet. Models available in various colours
are displayed as a single product.
2.8.3 The order can
be submitted by using the virtual cart. The product(s) can be added to the cart
by clicking the ‘Add to Cart’ button after selecting the size and – if the
Customer intends to purchase more than one of the same product – the quantity of
the products to be purchased. The contents of the cart can be viewed by
clicking the ‘Cart’ link in the top right-hand section of the website. In this
menu option, the Customer can also modify or delete the product added to the
cart.
2.8.4 After
finalising the contents of the cart, by clicking the ‘Record Purchase’ button a
standard form is displayed to be filled with the Customer’s data and specific
ad-hoc contractual terms. Before submitting the order, the Customer is required
to provide his name, billing and shipping address, telephone number, e-mail
address and gender, and he also needs to choose the payment and shipping
method. If the Customer has a coupon for discount, the discount can be applied
by entering the serial number of the coupon on the form. Discounts can only be
applied upon the submission of the order. Discounts cannot be consolidated and
only one coupon discount can be used for one order.
2.8.5 Before
submitting the order, in addition to completing all data fields of the form,
the Customer is required to declare that he has read and accepted this GTC and
the Privacy Policy by clicking on the square displayed on the form. Thereafter
the order can be submitted by pressing the ‘Take Order’ button. The submission
of the order (by pressing the “Take Order” button) creates a payment obligation
for the customer.
3. Binding offer,
confirmation
3.1 The Service
Provider shall immediately send an automatic e-mail confirming the receipt of
the Customer’s offer (order), which shall contain the Service Provider’s
acceptance of the Customer’s offer (order), the data entered by the Customer
when generating the order (e.g. billing and shipping information, etc.), the
identifier and date of the order, a list of the components making up the
product ordered, the quantity and price of the product(s), shipping costs and
the sum total to be paid. The Service Provider’s confirmation e-mail is deemed
to be the acceptance of the Customer’s offer and accordingly, by sending the
confirmation a valid contract is concluded between the Service Provider and the
Customer. The confirmation of the order does not mean that the Service Provider
will deliver the product(s) ordered for certain. Occasionally, the product
ordered might be damaged or incomplete, especially in the case of discounted or
phased-out products, for which reason it cannot be sold. In this case the Service
Provider shall advise the Customer as soon as possible via e-mail or by phone
as to why the product cannot be delivered.
3.2 The Customer
shall be exempt from the binding offer if the Service Provider’s special e-mail
of acceptance as per Section 3.1 fails to arrive without delay – i.e. within 48
hours – concerning the order submitted.
3.3 The order shall
be deemed to be a contract concluded by electronic means, which shall be
governed by the provisions of Act V of 2013 on the Civil Code and Act CVIII of
2001 on certain issues of electronic commerce services and information society
services. Moreover, the Contract shall be subject to Government Decree No.
45/2014 (II. 26.) on the detailed rules of contracts between consumers and
businesses, and shall also adhere to the provisions of Directive 2011/83/EU of
the European Parliament and of the Council on consumer rights.
4. Correction of data
entry errors
4.1 In any phase of
placing the order up until the order is sent to the Service Provide, the
Customer has the option to correct (delete and/or modify) incorrectly entered
data in the webshop, on the website’s orders interface.
4.2 Throughout the
ordering process the website’s orders interface continuously displays the
product(s) ordered and the precise sum total to be paid.
5. Terms of delivery
5.1 The Service
Provider shall deliver the product(s) ordered to the Customer’s address
specified during the placement of the order by using a shipping company
(hereinafter: Delivery Service).
The Service Provider
shall deliver the products ordered and requested to be home-delivered either
free of charge, or it shall charge shipping costs, depending on the selected
shipping method. The Service Provider shall inform the Customer of the shipping
cost to be charged during the placement of the order. Shipping costs shall be
defined in consideration of the undertaken time of delivery and the value of
the order.
The shipping cost is
shown on the summary screen of the order, on the invoice and in the
confirmation e-mail as well.
The Service Provider
retains the right to modify the delivery fee with the proviso that the
modification becomes effective upon being displayed on the website. The
modification shall not affect the purchase price of already ordered products.
If several orders are
received from the Customer on the same day, they will be considered separately
in terms of the delivery fee, and only orders exceeding the value limit for
free delivery will be delivered free of charge. The Service Provider may consolidate
the orders if the Customer requests so when submitting the second order and the
Service Provider confirms that it is possible; however, packages that have been
sent out already cannot be consolidated subsequently. The Service Provider
retains the right to modify the delivery fee with the proviso that the
modification becomes effective upon being displayed on the website. The
modification shall not affect the purchase price of already ordered products.
5.2 The product(s)
ordered arrive(s) in a sealed box and, unless paid in advance, the purchase
price and any delivery fee shall be paid in cash to the courier of the delivery
service against the invoice. If the packaging is damaged on receipt, the Customer
is advised to open the parcel in the presence of the courier of the delivery
service in order to have the integrity of the product(s) checked and the damage
indicated to the Service Provider. The courier of the delivery service shall
draw up a protocol on the delivery of the damaged product.
5.3 Products shall be
shipped by GLS Hungary delivery service. In most cases, orders shall be
delivered within 2 working days following the Service Provider’s confirmation
of the order. The Service Provider shall strive to deliver as soon as possible.
The Service Provider
shall not be liable for timely delivery by GLS Hungary delivery service as per
the above.
GLS Hungary delivery
service delivers product(s) only on weekdays and during opening hours;
therefore, please make sure that the shipping address provided is indeed a
location where the product(s) can be received during that time. The courier of
GLS Hungary delivery service is unable to wait longer than 10 minutes at the
shipping address provided.
Collect on delivery
orders can only be paid in cash upon home-delivery by courier and upon pick-up
at collection points (Pick Pack Point, GLS ParcelShop), or – if the given
collection point has a POS terminal – by bank card. Payment by check or by any
other cash substitute is not possible.
5.4 “Home
delivery”:
5.4.1 If the “Home
delivery” option is selected, the product(s) shall be delivered by GLS Hungary
delivery service. The product(s) ordered shall be received within 4 to 7
working days. “Home delivery” costs € 14.99 (gross).
6. Terms of payment
The Customer can
choose from the following payment options:
7. Right of
withdrawal
7.1 Consumers shall
have the right of withdrawal in accordance with the provisions of this Section.
Consumers should be understood within the meaning of the Civil Code
(hereinafter: Consumer).
7.2 The Consumer
shall have the right to withdraw from the contract without justification
in the case of a contract for the sale of a product within 14
calendar days of
a) the receipt of the
product,
b) in the case of the
sale of several products, where different products are supplied at different
times, within 14 calendar days of the date of receipt of the last product,
c) by the Consumer or
a third party other than the carrier delegated by the consumer.
7.3 The Consumer is
also entitled to exercise his right of withdrawal between the day of
contract conclusion and the day on which the product is received.
7.4 The Consumer
shall not have the right of withdrawal in respect of sealed goods which are not
suitable for return after opening due to health protection or hygiene reasons
(e.g. undergarments, bathing suits).
7.5 Procedure of
exercising the right of withdrawal
7.5.1 If the Consumer
intends to exercise his right of withdrawal, he is required to submit to the
Service Provider – using the contact details listed in Section 1.7 of this GTC
– an unequivocal statement to this effect either in person, by post, e-mail, or
after login in the webshop on the page listing previous orders.
The standard
withdrawal form can be downloaded from here: [doc|pdf]
If the Consumer opts
for not using the standard withdrawal form provided by the Service Provider,
the statement shall be deemed unequivocal if it contains, in addition to the
statement of withdrawal, at least the Consumer’s name, shipping address and the
order number.
The Consumer shall be
deemed to have exercised the right of withdrawal within the time limit if the
statement of withdrawal is sent to the Service Provider before the expiry of
the deadline indicated above.
7.5.2 The burden of
proof of having withdrawn in accordance with the provisions of Section 7 shall
be on the Consumer.
7.5.3 The withdrawal
shall be deemed enforced if the Consumer sends the relevant statement to the
Service Provider within 14 (fourteen) calendar days (including the 14th
calendar day). If sent by post, the date of the posting, if sent by electronic
mail, the time of sending the e-mail shall be taken as a basis by the Service
Provider for calculating the deadline.
7.5.4 In the case of
withdrawal, the Consumer shall, without undue delay and in any event not later
than 14 (fourteen) calendar days from the day on which the withdrawal from the
contract was communicated, return the product(s) ordered to the Service Provider’s
invoicing store or to the address specified in Section 1.7 either by registered
mail or by delivery service. The deadline shall be deemed met if the Consumer
returns the product (by post or by handing it over to the courier requested by
the Consumer) or hands it over in person at one of the addresses specified
above before the expiry of the 14-day time limit.
The Customer may also
deliver the product(s) ordered free of charge – but only in person – to any of
the Service Provider’s stores within the deadline stipulated above. The costs
of returning the product to the Service Provider and the delivery of the replacement
product to the Consumer shall be borne by the Consumer.
7.5.5 The cost of
returning the product(s) to the Service Provider’s address (H-2120 Dunakeszi,
Alagi major, lot number 070/1) shall be borne by the Consumer. The Service
Provider is not in a position to accept any collect on delivery return
packages. Besides the cost of returning the product(s), the Consumer
shall not incur any other cost in relation to the withdrawal.
7.5.6 If the Consumer
withdraws from the contract, the Service Provider shall reimburse – without
undue delay and in any event not later than 14 (fourteen) calendar days from
the day on which the statement of withdrawal was received – all considerations provided
by the Consumer, including the shipping fee, with the exception of the fee for
same-day delivery. The Service Provider is entitled to withhold the
reimbursement until it has received the return product, or until the Consumer
has supplied evidence of having sent back the product, whichever is the
earliest.
7.5.7 The Service
Provider shall carry out the reimbursement using the same means of payment as
the Consumer used for the initial order, unless the Consumer has expressly
agreed otherwise and provided that the Consumer does not incur any additional
fees as a result of such reimbursement.
7.5.8 The Consumer
shall only be liable for any diminished value of the product if it resulted
from the handling of the product beyond what is necessary to establish the
nature, characteristics and functioning of the product.
7.5.9 If the Consumer
exercises his right of withdrawal in respect of a product where more than one
product were purchased under a 2 for 1 promotion (or in any other
promotion irrespective of its name or the number of products involved where the
Consumer receives one or more products free of charge in exchange for
purchasing the rest of the products), the Consumer’s right of withdrawal
may only be exercised jointly, in respect of all products involved (including
those received free of charge, as such products may not be separated from the
rest).
8. Guarantee
8.1 The Service
Provider shall take no voluntary guarantee for the products it sells.
8.2 We advise our
Consumers that they may not enforce both a warranty for material defects and a
guarantee claim or a product warranty and a guarantee claim simultaneously for
the same defect; however, Consumers are entitled to the rights arising from the
guarantee irrespective of the rights defined in the Sections below on product
warranty and warranty for material defects.
8.3 In the case of
products subject to Government Decree No. 151/2003 (IX. 22.) on the statutory
warranty for certain non-perishable consumer goods, the mandatory guarantee
shall be 1 year, the starting date of which is the day of delivery of the
product to the buyer.
9. Warranty
9.1 Warranty for
material defects
9.1.1 The Customer
may enforce a warranty claim for material defects against the Service Provider
for defective performance by the Service Provider. Under a consumer contract,
Customers who qualify as consumers may enforce their warranty claims for defects
that existed at the time of the product’s delivery within a 2-year limitation
period from the date of receipt. After the two-year limitation period, the
Customer may no longer enforce his warranty claim.
9.1.2 In the case of
a non-consumer contract, the obligee is entitled to enforce his warranty claim
within a 1-year limitation period from the date of receipt.
9.1.3 Under his claim
for warranty for material defects, the Customer may, at his own discretion,
request repair or replacement, unless the performance of the chosen remedy is
impossible, or it would result in disproportionate additional costs to the Service
Provider compared to satisfying a different claim for warranty for material
defects. If the Customer did not or could not request repair or replacement, he
may request a pro rata reduction of the consideration, or he may repair the
defect himself or have it repaired at Service Provider’s expense, or, as a last
resort, he may cancel the contract. A minor defect shall not give rise to
cancellation.
9.1.4 The Customer
may switch from the chosen remedy for breach of warranty for material defects
to another remedy; however, he will bear the costs of the switch unless the
Service Provider caused the switch or the switch was otherwise justified.
9.1.5 After detecting
the defect the Customer is required to notify the Service Provider without
undue delay, but in any event, within two months of the detection of the
defect.
9.1.6 The Customer
may enforce the warranty claim for material defects directly against the
Service Provider.
9.1.7 Within six
months of the date of delivery, beyond the communication of the defect, there
shall be no other condition for enforcing a warranty claim for material defects
if the Customer provides evidence that the product or service was purchased from
the Service Provider (by presenting the invoice or a copy thereof). In such
cases the Service Provider shall be exempted from the warranty obligation only
by rebutting this presumption; in other words, if it provides evidence that the
defect of the product occurred after delivery to the Customer. If the Service
Provider can prove that the defect occurred due to reasons attributable to the
Customer, it shall not be required to satisfy the Customer’s claim for
warranty. However, after six months have passed from the date of performance,
it is the Customer’s responsibility to prove that the defect discovered by the
Customer already existed at the time of performance.
Obviously, in order
to enforce any warranty claim for material defects, the product(s) must be
returned to the Service Provider, i.e. to the address of the Customer Service
specified in Section 14.1. The Service Provider shall accept unblemished
product(s) only; soiled product(s) shall be returned to Customer.
9.1.8 If the Customer
enforces his warranty claim with respect to a part of the product that can be
separated in terms of the defect indicated, the warranty claim shall not
qualify as enforced with respect to the other parts of the product.
9.1.9 In the event of
replacement or cancellation, the Customer shall not be required to reimburse
product depreciation that resulted from the proper use of the product. However,
the Customer shall compensate the Service Provider for depreciation resulting
from improper use.
9.1.10 In the event
of defective performance, the costs associated with the performance of the
warranty obligation shall be borne by the Service Provider. The Service
Provider shall only reimburse the Customer for costs incurred by the Customer
in relation to the performance of the warranty obligation if the Customer
provides credible proof of the costs incurred (by presenting the
invoice/receipt, dispatch note issued by the post, etc.). If the Customer’s
failure of performing his maintenance obligation has also contributed to the
defect of the product, the costs related to the performance of the warranty
obligation shall be borne by the Customer in proportion to his contribution,
provided that the Customer had the knowledge required for the maintenance of
the product, or the Service Provider fulfilled its obligation to provide
information in this regard. If there is a proof that the defect of the product
occurred after delivery (i.e. not due to the Service Provider’s defective
performance), the costs incurred in relation to the enforcement of the warranty
rights (including the cost of returning the product to Customer) shall be borne
by the Customer.
9.1.11 The standard
form for the enforcement of warranty claims for material defects
is available here: [doc|pdf]
If the Customer opts
for not using the standard form provided by the Service Provider for enforcing
a warranty claim for material defects, the Customer’s own statement must
contain at least the description of the product’s defect, the selected warranty
claim, the Customer’s name, the shipping address and the order number. The
Customer may submit the request for the enforcement of the warranty claim for
material defects in accordance with the provisions of Section 14.1, at the
contact details listed therein.
9.2 Product warranty
9.2.1 In the event of
a defect in the product, Customers who qualify as consumers (hereinafter: Consumer)
may enforce the rights specified in Section 9.1 or alternatively, they may
enforce a product warranty claim.
9.2.2 However, the
Consumer is not entitled to enforce a warranty claim for material defects and a
product warranty claim for the same defect simultaneously. However, if the
product warranty claim is effectively enforced, the Customer may enforce its
warranty claim for material defects for the replaced product or the repaired
part against the producer.
9.2.3 A product
warranty claim only entitles the Customer to request the repair or replacement
of the defective product. For the enforcement of a product warranty claim the
burden of proof of the defect of the product shall be on the Consumer.
9.2.4 A product shall
be deemed defective if it does not comply with the quality requirements
applicable at the time when the product is admitted to market distribution, or
it does not have the characteristics indicated in the description provided by
the producer.
9.2.5 The Consumer
may enforce his product warranty claim within two years from the date it was
admitted to market distribution by the producer. Upon the expiry of that period
this entitlement shall lose effect. Upon the detection of the defect, the Consumer
is required to communicate the defect to the producer without delay. A defect
communicated within two months of the detection shall be deemed communicated
without delay. The Consumer shall be liable for any damages arising from the
delay in communication.
9.2.6 The Consumer is
entitled to exercise his right to product warranty claim against the producer
or against the distributor (Service Provider) of the product.
9.2.7 Under the Civil
Code, the manufacturer and the distributor (Service Provider) shall qualify as
the producer of the product.
9.2.8 The producer
and the distributor (Service Provider) shall only be exempted from the product
warranty obligation if it can provide evidence that:
9.2.9 The producer or
the distributor (Service Provider) needs only to prove one reason for the
exemption.
9.2.10 The standard
form for the enforcement of product warranty claims is available here: [doc|pdf]
If the Customer opts
for not using the standard form provided by the Service Provider for enforcing
a product warranty claim, the Customer’s own statement must contain at least
the description of the product’s defect, the selected warranty claim, the Customer’s
name, the shipping address and the order number. The Customer may submit the
request for the enforcement of the product warranty claim in accordance with
the provisions of Section 14.1, at the contact details listed therein.
Obviously, in order
to enforce any product warranty claim, the product(s) must be returned to the
Service Provider, i.e. to the address of the Customer Service specified in
Section 14.1. The Service Provider shall accept unblemished product(s) only;
soiled product(s) shall be returned to Customer.
9.2.11. The Service Provider sells components for the use of open source software (typically: AgOpenGPS), therefore its liability does not cover defects in the software and any resulting damages, the warranty only applies to the correct functioning of the physical components.
10. Replacement
10.1 In the case of
sales through the webshop, the Customer is entitled to request the replacement
of the product in person, or to request a different size at the same value, or
to purchase other products for the same purchase price (hereinafter collectively: Replacement)
within 30 (thirty) calendar days of the receipt of the product, at the Service
Provider’s store that issued the invoice. Replacement may only be requested for
unused products. For health protection and hygiene reasons, undergarments and
bathing suits may not be replaced after their sealed packaging has been opened.
10.2 The Customer may
request the replacement at any store of the Service Provider:
a) in person
simultaneously with the delivery of the product; or
b) by post
simultaneously with returning the product by post (including courier services).
10.3 The deadline for
replacements shall be deemed met if the Customer sent by post or handed over to
the courier service the replacement request form and the product on the last
day of the time limit open for replacement requests.
10.4 If the
replacement is requested by post, the costs of returning the replacement form
and the product to the Service Provider and the costs of delivering the
replacement product to the Customer shall be borne by Customer. The replacement
product shall be sent to the Customer by delivery service. The delivery fee
shall be HUF 999 for the entire territory of Hungary. Method of payment for the
delivery: cash on delivery.
The Customer may also
deliver the product(s) ordered free of charge – but only in person – to any of
the Service Provider’s stores within the deadline stipulated above.
The Customer
acknowledges that after he has replaced the product in person in our store in
relation to his original order, the Consumer’s/Customer’s right of withdrawal
shall be no longer applicable to the replacement product as the replacement is
deemed to be a new purchase in our store where the customer is enabled to find
out about the characteristics of the product and to try it on.
10.5 If replacement
is requested by mail and the Customer requests the same product in a different
size, please indicate the size requested in the replacement form after you have
ascertained that the requested size is available in the webshop. If you request
another product, please indicate the product’s item number on the replacement
form (available to view on the product’s datasheet in the webshop) along with
the size requested. If the purchase price of the requested product is higher
than the purchase price of the replacement product, the difference shall be
paid in cash upon delivery.
10.6 In the unlikely
event that the Service Provider is unable to deliver the replacement product
(e.g. it is not on stock), the Service Provider shall notify the Customer.
Based on the Service Provider’s notification, the Customer shall be entitled to
select another replacement product.
10.7 The replacement
request form should only be used if the replacement request is communicated by
post. The Replacement request form can be accessed here: [doc|pdf]
11. Product
reservation
11.1 The Service
Provider shall enable the Customer to view and/or try on the product selected
in its webshop in any store of the Service Provider preferred by the Customer.
11.2 After selecting
the size, adding the product to the cart and finalising the contents of the
cart, by pressing the Reserve in-Store button the Customer may select the
Service Provider’s store in which he wishes to view or try on the product
concerned. For the reservation the Customer is required to provide the
Customer’s name, address, phone number, e-mail address and gender. If the
products to be reserved are fully available in the Service Provider’s store
selected by the Customer, the product reservation may be finalised by selecting
the Reserve in-Store Now option on the product reservation page fully completed
by the Customer. If the product(s) to be reserved are not fully available in
the Service Provider’s store selected by the Customer, the product reservation
may be finalised by selecting the Deliver Reservation to Store option on the
product reservation page fully completed by the Customer.
11.3 The Service
Provider shall send a confirmation of the product reservation without undue
delay but in any event, within 48 hours of the reservation, notifying the
Customer that the reserved product is available in the selected store. The
Service Provider shall hold the reserved product for the Customer for 4 (four)
days at most from the date indicated in the confirmation, and shall not sell
the product to any third party during that period. After the expiry of that
time limit the reserved product may be sold without restrictions.
11.4 By
requesting a product reservation, the Customer does not make an offer for the
purchase of the selected product and no contract shall be concluded between the
Parties. This, however, shall not preclude the purchase of the product
by the Customer in the store. If the Deliver Reservation to Store option
indicated in the last sentence of Section 11.2 is selected by the Customer, the
fee charged on the product(s) – HUF 690 (gross) – shall be paid on the
spot in all cases, even before receiving and trying on the product. When
a PlayersClub card is used, the Customer shall identify himself by presenting
his PlayersClub card to the representative of the delivery service when
receiving the product.
12. Liability
12.1 The information
displayed on the website has been posted in good faith; however, it is only
informative, and the Service Provider shall not be held liable for the accuracy
and integrity of the information.
12.2 The Customer may
use the website solely at his own risk, and shall accept that the Service
Provider shall not to be held liable for damages to property or non-pecuniary
loss other than the liability for damages caused willfully, by gross negligence
or criminal offence, or by breach of contract harming human life, physical
integrity and health.
12.3 The Service
Provider excludes all liability for the conduct exhibited by users of the
website. The Customer shall be solely and fully responsible for his own
conduct, and in such cases the Service Provider shall extend its full
cooperation to the competent authorities in order to investigate the
infringements.
12.4 The pages of the
service may contain leads (links) to the websites of other Service Providers.
The Service Provider shall not be held liable for the data protection practice
or any other activities of such Service Providers.
12.5 The Service
Provider is entitled but not obliged to check the contents that may be made
available by Customers while using the website, and the Service Provider shall
be entitled but not obliged to look for signs of illegal activities with
respect to the contents posted.
12.6 Given the global
nature of the internet, the Customer accepts to proceed also in consideration
of the provisions of relevant international laws while using the website. If
any activity related to the use of the website is not permitted under the laws
of the Customer’s country, liability for using the website shall be borne
exclusively by the Customer.
12.7 If the Customer
detects any objectionable content on the website, he shall warn the Service
Provider without delay. If the Service Provider considers the warning
substantiated after having taken action in good faith, it shall be entitled to
erase or modify the information concerned immediately.
13. Copyright
13.1 The website is
protected by copyrights. The Service Provider is the copyright owner or the
authorised user of all content, author’s work or any other intellectual product
displayed on the website or presented in the course of extending the services available
through the website (including, but not limited to, graphic designs or any
other material, the layout or editing of the portal, software-based and any
other solutions, concepts and installations).
13.2 The content or
specific parts of the website may be printed or saved to a physical or other
data carrier for private use solely subject to the Service Provider’s prior
written consent. Any use other than private use – for example, storage in a
database, transfer, publication, being made available for download, commercial
distribution – shall be permitted solely subject to the Service Provider’s
prior written consent.
13.3 Nothing apart
from the rights expressly specified in this GTC – registration, the use of the
website, or any provision of this GTC – shall authorise the Customer to use or
exploit the brand names or trademarks displayed on the portal. Apart from the
display indispensable for the proper use of the website and from the temporary
reproduction and private copying necessary for such proper use, these
intellectual products shall not be used or exploited in any form whatsoever
without the Service Provider’s prior written consent.
14. Legal remedy
options
14.1 Complaint
handling
14.1.1 The Customer
may lodge consumer complaints in relation to the product or to the Service
Provider’s activity at the contact details listed in Section 1.7.
14.1.2 Pursuant to
applicable legal regulations, verbal complaints shall be investigated
immediately by the Service Provider and remedied as appropriate if it is so
permitted by the nature of the complaint. If the Customer disagrees with the
complaint management or the immediate investigation of the complaint is not
possible, the Service Provider shall draw up a protocol on the complaint and
its own position immediately. If a verbal complaint was lodged by phone, the
Service Provider shall send to the Customer the protocol by no later than
concurrently with the substantive response defined in the Section on written
complaints, and thereafter it shall proceed in accordance with the provisions
applicable to written complaints.
14.1.3 The Service
Provider shall assign a mandatory, unique identification number to verbal
complaints communicated by phone in order to ensure the traceability of the
complaint. The Service Provider is required to communicate this identification
number to the Customer.
14.1.4 The Service
Provider shall investigate, provide and communicate to the Customer a
substantive response within thirty days of receipt of the written complaint. If
the complaint is rejected by the Service Provider, the Service Provider shall
justify its position concerning the rejection in its substantive response.
14.1.5 The Service
Provider shall retain the complaint protocol and the copy of its response for a
period of five years.
14.1.6 The Service
Provider shall be available to receive the objections communicated
by the Customer at the direct contact details listed in Section 1.7.
14.2 Alternative
remedy options
14.2.1 If any
consumer dispute between the Service Provider and the Customer may not be
resolved by way of negotiations, the following options shall be open to the
Customer for remedy:
a) Entry in the book
of complaints. The book of complaints is available in all stores of the Service
Provider. The Service Provider is required to respond in writing to all entries
in the book within 30 days.
b) File a complaint
with the consumer protection authorities. If the Customer perceives a violation
of his consumer rights, he shall be entitled to file a complaint with the
competent consumer protection authority in the jurisdiction of the Customer’s
residence. After considering the complaint, the authority will decide on
conducting the consumer protection procedure.
c) Arbitration Board.
The Customer may initiate a procedure at the Arbitration Board functioning
alongside the competent professional chamber in order to achieve an amicable,
out-of-court resolution of the consumer dispute related to the quality and safety
of products, to the application of product liability rules and to the
conclusion and performance of the contract.
The business shall be
subject to the obligation to cooperate in the Arbitration Board proceedings.
Contact information
for the Financial Arbitration Board of Budapest:
d) Court procedure.
The Customer is entitled to enforce their claim arising from consumer disputes
before court in the course of a civil procedure in accordance with the
provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code
of Civil Procedure.
e) The European
Commission has set up an online dispute resolution platform in accordance with
Regulation (EU) No. 524/2013 of the European Parliament and of the Council of
21 May 2013 on online dispute resolution for consumer disputes. Pursuant to the
Regulation, this platform shall be made available to consumers for
communications aimed at the out-of-court resolution of disputes concerning
contractual obligations stemming from online contracts between a consumer
resident in the European Union and a service provider established in the
European Union. This online dispute resolution platform has been available to
consumers since 15 February 2016. The scope of the Regulation directly applies
to service providers incorporated in Hungary for disputes arising from online
contracts concluded between the Service Provider and consumers. Pursuant to the
Regulation, the Consumer may initiate online – through the online dispute
resolution platform – the out-of-court settlement of the dispute at the dispute
settlement forum jointly selected by the parties. In Hungary the Financial
Arbitration Board of Budapest is vested with the powers to resolve consumer
disputes.
The online dispute
resolution platform may be contacted under the following link: http://ec.europa.eu/odr.
15. Privacy Notice
15.1 The Service
Provider respects the fundamental constitutional right to the protection of
personal data; namely, that everyone has right of disposal over the disclosure
and use of his personal data.
15.2 In obtaining and
processing the personal data required for the use of the services provided by
Customers, the Service Provider pays particular attention to strict compliance
with the provisions of Act VI of 1998 on the promulgation of the Convention for
the protection of individuals with regard to automatic processing of personal
data (signed in Strasbourg on 28 January 1981), Act CXIX of 1995 on the use of
name and address information serving the purposes of research and direct
marketing, and Act CXII of 2011 on the right of informational
self-determination and on freedom of information.
15.3 Data provided by
the Customer, namely, his first and last name, shipping address, phone number,
e-mail address and identifier, are contained in the electronic mail transmitted
through the system. In the case of card payments, data required for the payment
are not processed by the Service Provider but by OTP Bank Plc.
I acknowledge that my
personal data stored by the controller – Szikkim Kft. (registered office:
H-1038 Budapest, Tündérliget u. 2.) – in the www.playersroom.hu user database
shall be transferred to OTP Mobil Kft. as data processor. The controller shall
transfer the following data:
web order ID
date of the order
ordered items
(product name, article number, price, quantity, VAT)
shipping cost
currency
discount rate
language
first name
last name
e-mail
phone number
billing name
tax number
billing ZIP
billing city
billing street
billing county
billing country
shipping name
shipping ZIP
shipping city
shipping street
shipping county
shipping country
The nature and
purpose of the processor’s data processing activity are stated in the Privacy
Policy of SimplePay under the following link:
http://simplepay.hu/vasarlo-aff
15.4 The controller
of the website is the Service Provider.
15.5 The Service
Provider declares that the data stored in its database (name, e-mail address,
phone number, identifier etc.) shall be processed for the following purposes:
enabling the provision of the services available in the webshop, displaying
personalised contents and advertisements, compiling statistics, implementing
technical developments for the IT system, protecting the rights of Customers.
The Service Provider may use the data to create user groups and to display
targeted contents and/or advertisements for the user groups on the Service
Provider’s website, and to send newsletters.
15.6 The Service
Provider shall not use the personal data provided by Customer for any purposes
other than those stipulated above. Personal data may not be disclosed to any
third party or authority without the Customer’s express consent, unless such
disclosure is required by law or a binding administrative or court order. The
Service Provider shall erase the Customer’s personal data at the Customer’s
request or when the purpose of the processing no longer exists.
15.7 The Customer’s
data provision is voluntary; its legal basis is the data subject’s consent. By
using the Service Provider’s services, the Customer consents to the use of his
personal data for the purposes stated above. The Customer may request at any
time the erasure or modification of his data or information about the data
processed; moreover, he is entitled to object to the processing. If the request
or objection proves unsuccessful, the Customer shall be entitled to turn to
court within 30 calendar days.
15.8 The Service
Provider shall process the data obtained by it in compliance with the
prevailing legal regulations and in keeping with the data protection provisions
stipulated in this Privacy Notice. By using the services rendered by the
Service Provider, the Customer consents to the transfer of the data provided to
the processor.
15.9 The Service
Provider shall take no responsibility for the information provided by Customer.
Should the Service Provider become aware that the information violates the
personality rights of a third party or legal regulations or breaches these data
protection rules, or that the information’s non-conformity to the data
protection rules gives rise to damages, the Service Provider shall be entitled
to take the necessary legal steps in cooperation with the competent
authorities. If the Customer has provided a third party’s data for using the
service or has caused damage in any way by using the website, the Service
Provider shall be entitled to file a claim for damages.
15.10 In order to
avoid unauthorised access to and disclosure of data and to ensure the accuracy
and the most appropriate use of the data, the Service Provider shall guard and
safeguard the information collected online using appropriate physical, electronic
and technical methods.
15.11 Name of controllers:
15.12 The Service
Provider shall keep a data transmission log of the personal data provided by
the Customer and forwarded to the delivery services in order to verify the
legitimacy of the data transfer. The log shall contain the date and time of the
transfer of the personal data processed by the Service Provider, the legal
basis of the data transfer and the recipient, as well as the description of the
personal data transmitted. The Service Provider shall retain the data stored in
the data transmission log for 5 (five) years.
16. Miscellaneous
provisions
16.1 The webshop in
an information system operating on php bases with an adequate level of security
and risk-free use. That notwithstanding, the Service Provider recommends that
the following precautions be taken:
16.2 The Service
Provider is entitled to unilaterally modify the terms and conditions of this
GTC at any time.
Budapest 18.06.2024.
