General Contracting (Purchase) Terms and Conditions and Data Protection Regulation (hereinafter: “General Contracting Terms and Conditions”) of the online Webshop of iBlue.
Customer / Consumer accepts this Terms and Conditions at the same time as ordering through the website. Aros Technology Kft. reserves the right to change the Terms of Service at any time without prior notice to the Customer / Consumer.
Buyer / Consumer acknowledges that after the order made in the Webshop, a sales and purchase agreement is concluded between remote customers (Customer / Consumer and Aros Technology Kft.). Customer / Consumer expressly acknowledges that ordering / buying in the Webshop entails a payment obligation.
1. Purpose of the General Contracting Terms and Conditions
1.1 These General Contracting Terms and Conditions include the rules pertaining to purchases (including the operation of the Webshop, the orders and payments) in the online shop (“Webshop”) operated by iBlue Innovations (hereinafter: “Service Provider”) on its website at www.iblue.eu , as well as the rights of the customers.
1.2 The parties enter into contracts for the sale and purchase of individual products (moveable properties) through the Webshop. The individual sale and purchase agreements are established for a definite term, in order to enable the customer (buyer) to acquire the ownership of the products ordered by them (and not including the deadlines for the enforcement of the customer’s claims arising from the default, late or faulty performance of violation of contract by the Service Provider).
1.3 Whenever goods are purchased through the Webshop, typically a consumer contract is concluded by the parties within the framework of a remote sales system organised for the supply of the product covered by the contract without the concurrent physical presence of the parties, whereby the parties use only devices enabling communication between remote parties, i.e. a device that is suitable for providing contractual declarations in the absence of the parties in order to enter into the contract. For the purposes of the Webshop, the device that facilitates communication between the remote parties is the electronic online connection which is established through the computer devices operated by the parties.
1.4 The Service Provider has established the General Contracting Terms and Conditions for the purposes of establishing several contracts between remote parties unilaterally, without the involvement of the remote parties in advance, and they have not been discussed with the individual parties.
1.5 If you intend to become a customer or active user of the Webshop, please read carefully the General Contracting Terms and Conditions and use our services only if you agree with all their provisions and accept them as binding. By using the Webshop, the users accept that they are bound by the provisions of the General Contracting Terms and Conditions while using the services of the Webshop. If the Webshop is used in any way, also including visits that are not concluded with a purchase, the provisions of the General Contracting Terms and Conditions shall prevail.
1.6 The General Contracting Terms and Conditions are a document prepared in English language in electronic form and do not refer to contracts established based on them or to the Codes of Conduct applicable to the activities of the Service Provider, because the Code of Conduct defined in the Act on the Prohibition of Unfair Trading Practices towards Consumers does not apply to the activities of the Service Provider.
1.7 We shall make every effort to ensure our website is free of errors and viruses. On the other hand, it is your responsibility to make sure you visit and use the website via equipment offering sufficient protection against virus attacks. Accordingly, we shall not be held liable for any damage to the equipment you use and any data contained on such equipment.
2. Service Provider’s data
|company:||Aros Technology Kft.|
|registered office (also postal address):||1029 Budapest, Huba vezer utca 2b|
|Court of Registration:||Hungarian Metropolitan Court as Court of Registration|
|Company registration number:||01-09-916966|
|customer service e-mail address:||email@example.com|
|collection in person:||not available|
|order processing:||personal processing takes place between 8 a.m. and 5 p.m. with automated tools, with the exception of planned and unplanned shutdowns, in 7*24 hours|
|average order delivery time:||2 working days|
Webshop’s repository hosting provider’s data
|company:||GoDaddy Operating Company, LLC|
|registered office (also postal address):||14455 N. Hayden Rd., Ste. 226 Scottsdale, AZ 85260 USA|
|customer service phone number:||+1 (480) 505-8800|
|customer service e-mail address:||HQ@godaddy.com|
3. Transport Provider’s data
|registered office (also postal address):||942 Shady Grove Rd S Memphis, TN, 38120 United States|
|Court of Registration:||State of Tennessee, Department of State|
|Company registration number:||EIN# 62-1721435|
4. Operation of the Webshop
4.1 Although the Webshop is accessible through the internet worldwide, the Service Provider accepts only orders addressed outside the territory of Hungary. For orders from EU please use www.iblue.eu.
4.2 The Webshop customers may be natural persons of major age and full capacity of action or legal entities.
5.1 Products, equipped with a detailed description and offered on the pages of the Webshop are available for purchase at the Webshop.
5.2 In the Webshop the Service Provider indicates in detail the name and description of the traded products and displays photos of them and their packaging. In view of the manufacturing process, the images displayed on the data sheet of the products may differ from reality, they are only for illustration. We shall not be liable for any difference between the image displayed in the Webshop and the actual layout of the product. The user’s guides of the relevant products can be downloaded from the relevant subpages of the Webshop. Please read carefully the user’s guide before buying in particular with regard to the possible provisions limiting and excluding liability.
5.3 The products may be purchased from the Service Provider through the Webshop within the framework of online parcel trade, in the course of which the product ordered are delivered to the customer by the Transport Provider. The Service Provider does not operate any point for customers where the products can be purchased or the purchased products could be collected in person.
6. The purchase procedure
6.1 Purchasing in the Webshop does not require registration. However, while making a purchase, the customer may decide to create a user account on which the personal data provided during the purchase will be stored. The user account will make repeated purchases in the Webshop easier; registered users do not have to enter repeatedly their personal data when they log into their account.
6.2 To create a user account you need to provide an ID and a password based on which you will be identified later. We propose using a password of at least 8 and no more than 16 characters, containing small and capital letters, numbers and special characters. We do not recommend using passwords that are easy to guess or relate to person. If you forget your password, we shall send you a log-in password for a single use to your e-mail address provided during the registration, based on which you can change your forgotten password for a new one. The Service Provider stores the password in an encrypted and inaccessible form, and therefore is unable to decode or provide the original password to the customer.
6.3 If you change your mind while creating your account and delete the contents of your Basket, you can go back to the homepage of the Webshop at any time and all the data entered before will be deleted.
6.4 When making a purchase you will have to provide data to the Service Provider that are required for performing your order, issuing the invoice and delivering the product. These data also include your contact information, such as your e-mail address and telephone number.
6.5 To make a purchase, select the product from the products available in the Webshop and enter the quantity of the items, then click on the “Into the Basket” button to select them for the order. This will take you to the page listing the purchase products (“Basket”) where you can check the actual status of your purchase. Here you can delete the selected products from the Basket (“Delete” icon), modify the quantity and, by clicking on the “Purchase process” button, return to the Webshop interface and purchase further products without deleting the products already in your Basket. Click on the “Basket” icon during the purchase process to view the list of the products intended to be purchased.
6.6 If you have a discount coupon, you may claim your discount by entering the code (coupon code) prior to finalising the products in your “Basket”. To do that, enter the coupon code into the right box and click on the “Use coupon code” button. The Webshop invoicing system will automatically apply the discount and calculate the payable amount accordingly. The system monitors the already used coupons, as each coupon may only be used once. The system is unable to verify the validity of the use of the coupons, so if you are a coupon holder, please handle it with the required security as the Service Provider excludes any liability for the use of coupons without the entitlement. Nonetheless, the Service Provider reserves the right to investigate the entitlement to use the coupon and to withdraw the discount even subsequently, when it finds that it was claimed incorrectly.
6.7 When you have finished your purchase, finalise the content of your “Basket” by pressing the “Proceed to payment” button. You will be re-directed to the “Payments” where, when you did not enter with your user account, you may register yourself or may enter your personal data required for performing the order if you intend to make a purchase without using your account. Here you can also choose from the payment methods or, if you have changed your mind, you can also cancel the purchase by leaving the page. By clicking on the “Submit order” button, your order will be finalised and you will be re-directed to the payment provider’s page that matches your selected payment method where you should follow the instructions. If you chose payment upon delivery, you have nothing else to do until the delivery is made. If you chose bank transfer or card payment, please make your payment according to the instructions provided on the payment provider’s website.
6.8 If you have a re-seller code, you can claim the discount by using your re-seller code. In order to do that, you will be asked to enter the re-seller code in the “Payments” and enter the data of your re-seller code for invoicing. The Webshop invoicing system will automatically apply the discount and calculate the payable amount accordingly.
6.9 By submitting an order you will have a payment obligation. Order the products only when you can pay for them and you can also cover the costs detailed in Section 11. If a parcel is returned to us uncollected, we can send it again only when the consideration for the products and the related fees and charges have been paid by transfer in advance.
7. Order processing and performance
7.1 Orders are processed partly in person and partly through automated data processing. Personal processing of orders takes place between 9 a.m. and 5 p.m., with automated tools, with the exception of planned and unplanned shutdowns, in 7*24 hours. Orders may be placed in 7*24 hours, apart from scheduled and unscheduled shutdowns.
7.2 All orders will be confirmed via e-mail, sent to your electronic mail address. The purchase process is completed when the confirmation e-mail is delivered. If you do not receive that confirmation within 48 hours (and the message -mail is not automatically sent to the spam box of your e-mail system), please contact us by using any contact information provided. The Service Provider excludes liability for undeliverable confirmations that are the consequence of the inaccuracy of the data provided by the customer, or the fact that the customer’s mailbox is full.
7.3 If the Service Provider does not fulfil an obligation undertaken in the contract because the product specified in the contract is not available, it will immediately inform the customer about it and return the amount paid by the customer immediately but no later than within 8 (eight) working days.
7.4 The Service Provider shall not be held liable for changes in the technical characteristics, leaflets or descriptions of the individual products due to changes made by the manufacturer or without any prior notification due to any reason not attributable to it. The Service Provider reserves the right to reject already confirmed orders, if due to the changes referred to above it is not able to deliver the order or is unable to deliver as requested. The order may be performed in part only following consultation with the customer. If the purchase price is paid in advance, the amount paid by the customer shall be returned to the sender immediately but no later than within 8 (eight) working days.
7.5 The Service Provider performs the orders received by 5 p.m. on a working day within the subsequent 3 working days in compliance with the provisions of Chapters 7 and 8, unless it is impossible due to any reason not attributable to it.
8. Delivery of the product
8.1 Each product will be delivered to you. The product(s) cannot be collected in person.
8.2 The delivery will be made by a Transport Provider contracted by the Service Provider. The Transport Provider delivers the products picked up from the Service Provider to the address defined by the customers, checks the required customer data and collects the consideration for the goods when payment upon delivery was agreed. The Transport Provider fulfils its activities with full confidentiality also with regard to storage processing and management of data.
8.3 Delivery may be requested in the whole territory of the country taking into account the restrictions contained in Point 4.1 above. Your home or work address may both be specified as the delivery address. The delivery address may be different from the invoicing address. You should indicate the address as delivery address where you are likely to stay at the estimated time of the delivery.
8.4 The applicable transportation and handling charge shall be indicated for each order based on the delivery address given by you. Should these charges be different for any reason outside Service Provider’s competence, Service Provider shall apply the actual charges after calling customers attention to the change of the charges. Should customer not agree to the new charges he/she/it has the right to rescind from the order. The transportation and handling charge includes the fee of delivery of the product to the delivery address and the handling charges.
8.5 The products are handed over to our partner in charge of transportation on the first day after the confirmation of the order, or not later than after the payment has been credited on our bank account. Check our order confirmation letter because we may indicate a different delivery deadline in it (e.g., due to temporary shortage of stock).
8.6 Deliveries are made between 8 a.m. and 5 p.m. on working days. Please provide an address for delivery in your order where the product can be accepted on a continuous basis.
8.7 If the first delivery attempt fails, the Transport Provider will leave a note and contact you again to deliver the parcel again at an agreed time. Following two failed delivery attempts, a further delivery will only be made if the failed delivery charge has been paid. If delivery fails due to any reason occurring within your scope of interest, the price of the ordered product(s) and any other fees and charges will not be refunded.
8.8 The guarantee certificate (if the Service Provider or another party assumed guarantee, or is obliged to offer warranty for the product pursuant to the law) will be delivered to you together with the parcel.
8.9 Check the parcel when delivered to you in the presence of the representative of the Transport Provider and ask for a written report to be prepared if you detect any damage in your product or packaging. The customer is not obliged to accept any damaged package or product. The Service Provider is not obliged to accept any subsequent complaint made without a written report.
9. Digital data content
9.1 The control and operation of certain products may require digital data content (software). The software products operate on smart mobile phones, which run on the following operating systems (or later versions): Apple iOSTM 8.0, AndroidTM 4.3, Microsoft Windows PhoneTM 8.1 update 1. For phones equipped with iOSTM operating system the software can be downloaded from AppStoreSM, in the case of AndroidTM from Google PlayTM store depending on the operating system of the mobile phone. By using the BAR code or QR code on the products (reading the code with the mobile phone) you will be directed directly to the page where you can download the software.
9.2 Considering that there is a wide range of hardware used in mobile phones, the software may not run free of any errors even on mobile phones equipped with the right operating system. The Service Provider excludes liability for that.
9.3 Customers may study the detailed description of software operation at the downloading site, or by accepting the user licence of the particular software (licence conditions) if applicable, prior to installing the software.
9.4 The downloaded and installed software may be updated from time to time.
10.1 The Webshop and the contents included in it are protected by copyright. The Service Provider has an exclusive right to exercise the related property rights.
10.2 The Service Provider reserves all rights for the Webshop and details thereof and for the contents displayed on it (including images, text and documents). It is prohibited to download, store electronically, process or sell the content displayed on the Webshop or any detail thereof without the Service Provider’s prior written consent.
10.3 The Service Provider gives a prior written, non-exclusive and non-transferable, licence for the user to download and register the contents displayed on the Webshop in their original form, only for their own use, and to print them out, but not to make it accessible for any third party in any form. This user licence allows for managing and saving one original copy of the webpages.
11. Payments, and payment terms and conditions
11.1 The costs of communication between the remote parties (electronic data collection, call charges) shall always be covered by the party where they incurred.
11.2. The costs charged to the customer in relation to the sale and purchase transaction include the purchase price of (i) the product and (ii) the transportation and handling charges. The Service Provider does not apply any other charges or fees against the customer.
If cash substituting payment tools are used, the customer shall also have to pay bank charges and fees.
The transportation and handling charges are included in Section 8.4 of these General Contracting Terms and Conditions.
Please note that transportation and handling charges will not include customs and other duties applicable regards import of the product into the country of the customer. These duties shall be born directly by customer subject to relevant provisions of law.
11.3. The purchase price of the product with VAT is indicated after each product.
11.4. The final payable amount includes all costs and charges indicated in the summary of the order and the confirmation letter.
11.5. The Service Provider informs its customers that when downloading the digital data content (software) referred to in Section 9, there may be data connection fees, charged at the rate stated in the mobile subscription package of the customer. If the software is downloaded abroad, these charges may be high and therefore we advise you not to use that method, if possible.
11.6. The purchase price of the products offered in the Webshop and the transportation and handling fees are always charged in Euro (EUR) and include the applicable value added tax.
11.7. The Service Provider will not request or accept any deposit of financial security in relation to the purchase.
11.8. No consumer loan may be used for settling the purchase price of the product from or with the involvement of the Service Provider.
11.9. The Service Provider sends the invoice prepared in compliance with the accounting and tax regulations and containing the data required in them and sends it to the e-mail address of the customer as an electronic invoice.
11.10. The customer may pay the consideration for the product in cash upon delivery, with a bank transfer in advance, or with a bank card, by using the services of PayPal, Inc. (seat: 2211 North First Street San Jose, California 95131 USA) – hereinafter: PayPal.
11.10.1. If the customer makes a payment with a bank card, it will be processed through the payment system operated by PayPal. Therefore when you opt for that payment method, please note that your data relating to the order and the data of your bank card used for the payment, as well as of the payment itself, will be provided directly to PayPal.
11.10.2. If you intend to settle the price of your order with the bank card, then choose the “Card payment” payment method. The following bank cards are accepted for payments: VISA, VISA Electron, Mastercard, Maestro and American Express. When you choose payment with a bank card, you will be re-directed to the website of Paypal, a payment service provider, where you can enter the data required for the payment transaction. The customer makes the payment on the website of the payment service provider. The payment service provider re-directs the customer to the Service Provider’s website. Depending on the outcome of the payment transaction, the Service Provider informs the user of the success or failure of the transaction. If the payment transaction was successful, the Service Provider continues the purchase process. If the transaction failed, the customer will be re-directed back to the website of the Service Provider, where they can choose cash payment or they can abandon the purchase transaction. The bank card data will not be obtained by the Service Provider, they will be handled by the payment service provider.
12. Right to cancel orders
12.1. Customers classified as consumers pursuant to the Civil Code may cancel contracts for products ordered in the Webshop (i) at any time from the date of conclusion of the contract to the acceptance of the product, or (ii) within 3 (three) days from the date of purchase of the product. If the customer classified as a consumer pursuant to the Civil Code did not receive written confirmation by then, they may exercise their right to cancel the order for 3 days from the receipt of the confirmation.
Important information: According to EU rules, the possibility of returning security devices and products ceased on 01.03.2019.
Customer / Consumer acknowledges that the products delivered after the order made in the Webshop cannot be returned and the purchase price cannot be refunded.
(iBlue products are considered as security devices) If the product has been opened, device installed and/or PUK / QR card used product is considered as a software, it will not be possible to return and refund it! Errors in phone’s original operating system (iOS or Android) are not covered by warranty or return.
12.2. Customers classified as consumer pursuant to the Civil Code are not obliged to provide any reasoning for the cancellation.
12.3. If the cancellation is made in writing, it shall be deemed valid within the deadline when the customer classified as a consumer pursuant to the Civil Code sends a declaration by using the template including in Annex 1 of these General Contracting Terms and Conditions or in the form of a clear statement to any customer relations point of the Service Provider before the expiry of the deadline (including the registered seat, customer service telefax number, and e-mail address of the Service Provider specified in these General Contracting Terms and Conditions). The cancellation may also be sent via e-mail. The Service Provider confirms cancellation made electronically immediately but not later than within 2 working days.
12.4. If an order is cancelled, the customer classified as a consumer pursuant to the Civil Code shall return the cancelled product to the Service Provider’s registered seat indicated in these General Contracting Terms and Conditions. The customer classified as consumer pursuant to the Civil Code shall return the product without any unreasonable delay, or within no later than 2 (two) days from the submission of the statement of cancellation. The deadline shall be considered made if the product is returned before the 2 (two)-day deadline. The customer classified as a consumer pursuant to the Civil Code shall bear the costs incurred directly in relation to the return of the product due to the exercised cancellation right, but shall not be obliged to cover any other expenses.
12.5. The Service Provider shall return the amounts paid by the customer classified as a consumer pursuant to the Civil Code immediately, but not later than within 180 days from the cancellation. In the case of the sale and purchase of products, the Service Provider may withhold the repayment of the purchase price until the customer classified as a consumer pursuant to the Civil Code returns the product or certifies, without any doubt that it has been returned to the Service Provider; the sooner between the two dates shall be applied. Only refunded if legitimate fault. In the course of the refund the Service Provider uses the same payment method as in the original transaction, unless the customer classified as a consumer pursuant to the Civil Code expressly consents to a different payment method.
12.6. The Service Provider may demand compensation for damages arising from the inadequate use of the product. Customers classified as consumers pursuant to the Civil Code may be held liable for any depreciation in the product only if it occurred due to use that exceeds its use required for establishing the nature characteristics and operation of the product.
13. Warranty and guarantee
Please note that certain products are accompanied by seperate Warranty and Guarantee Terms and Conditions/Guarantee Letter which may be downloaded from our webshop regarding the product. Please read these documents before deciding on your purchase, considering the possible limitations and exclusions included therein.
13.1.1. The Service Provider may offer a commercial guarantee for the products under the contract, or products may be subject to the mandatory guarantee required by the provisions of Government Decree no. 151/2003. (IX. 22.) on mandatory guarantee for certain durable consumer goods. The commercial or mandatory guarantee applicable to the given product will be indicated for products in the Webshop.
13.1.2. The period of mandatory guarantee is 1 (one) year. The manufacturer at its own discretion may agree to a more favourable guarantee period than this, in which case the period agreed by the manufacturer will apply.
13.1.3. The detailed guarantee terms and conditions are set out in the guarantee letter for the given product, the sample thereof can be downloaded from the relevant subpage of the Webshop.
13.1.4. In case of guarantee, the Service Provider shall be liable for default in performance according to the terms and conditions set out in the legal notice or legislation that generates the guarantee obligation. The Service Provider will be released from the guarantee obligation if it proves that the cause of the defect arose after delivery (i.e. delivery of the goods to the customer).
13.1.5. Guarantee shall not affect the rights of the obligee arising from law.
13.1.6. If ownership of the goods is transferred, the new owner may enforce rights arising from the guarantee against the guarantor.
13.1.7. Guarantee claims may be made within the guarantee period. The guarantee period will commence when the product is delivered to the customer or, if the product is commissioned by the Service Provider or its authorised representative, on the date when the product is put into operation. If the guarantor fails to satisfy its obligations on the obligee’s notice – in due time – the guarantee claim may be enforced before a court within three months of the date when the deadline specified in the obligee’s notice elapses, even if the guarantee period has expired by then. Failure to meet this deadline will cause the right to claim to lapse.
13.1.8. Claims arising under guarantee may be enforced with the guarantee letter. In the absence of the guarantee letter, the condition for making any guarantee claims is that the customer shall present the document confirming payment of the product price even if the Service Provider failed to hand over the guarantee letter to the consumer.
13.1.9. Some of our features are performed by external partners. We have no influence on the operation of an external partner. If the service provided by an external partner changes, stops or becomes unavailable (temporarily or permanently), we cannot take responsibility for these.
Services provided by external partners:
Smart Gate – share a virtual key via email
Smart Gate – product registration online
Smart Gate – revoke access through our app
Smart Gate – usage logging
13.2. Implied warranty
13.2.1. In case of a defect in performance by the Service Provider, the customer may make implied warranty claims according to the Swiss Civil Code’s rules. Errors in phone’s original operating system (iOS or Android) are not covered by warranty or return.
13.2.2. The customer may make the following implied warranty claims against the Service Provider at the customer’s discretion: (i) repair or (ii) replacement, except if it is impossible to satisfy the option selected by the customer or if satisfying that option would have onerous costs for the Service Provider compared to satisfying another demand. If the customer did or could not request repair or replacement, he may request (iii) a proportional reduction of the price or (iv) may repair or have the product repaired at the Service Provider’s cost, or (v) may – as the last resort – reject the contract.
13.2.3. The customer may shift from the selected implied warranty to another type but will bear the cost of this shift, except if that shift is justified or the Service Provider’s action was the reason for the shift.
13.2.4. Warranty claims shall be considered to have been made within the deadline in respect of all defects of the product that gave rise to the failure specified.
13.2.5. If the obligee makes an implied warranty claim in respect of a part of the product that can be separated – for the purposes of the defect specified – the implied warranty claim shall not be deemed to have been made for other parts of the product.
13.2.6. If the customer’s failure to perform his maintenance obligations also contributed to the failure of the product, the customer shall bear the portion of the costs of performing implied warranty obligations proportional to the extent of that failure to perform maintenance obligations if he had knowledge on the maintenance of the product or the Service Provider has satisfied its obligation to provide information in this respect.
13.3. Product warranty
13.3.1. Customers deemed to be consumers under the Hungarian Civil Code may make product warranty claims according to the Hungarian Civil Code’s rules against the manufacturer of the defective product. A product shall be deemed to be defective if it fails to comply with the quality requirements applicable at the time when the manufacturer marketed the product or does not have the characteristics included in the description provided by the manufacturer.
13.3.2. In the scope of product warranty, a consumer may claim that the manufacturer (or the Service Provider, deemed to be a distributor) (i) repair the product defect, or (ii) replace the product if repair is not possible within an appropriate time, without infringing the consumer’s interests.
13.3.3. The implied warranty for the replacement product in case of replacement, or the part of the product affected by the repair in case of repair, shall be borne by the manufacturer.
13.3.4. The manufacturer will be released from the product warranty obligation if it proves that
(a) the product was not manufactured or distributed by it in the framework of its business activities or independent occupation;
(b) the defect could not be recognised at the level of scientific and technological knowledge existing at the time when the product was put out to market; or
(c) the product defect was caused by applying legislation or a mandatory requirement of an authority.
13. 4. The customer’s implied warranty claims shall lapse in 1 (one) year, and implied warranty claims of customers deemed to be consumers under the Swiss Civil Code shall lapse within 2 (two) years from the date of delivery (delivery of the product to the customer).
13.5. Guarantee, implied warranty and product warranty claims may not be made simultaneously, in parallel.
13.6. The Service Provider (in the case of product warranty, the manufacturer as well) shall repair defects subject to guarantee or warranty arising during the guarantee or warranty period, replace or re-provide the product free of charge.
13.7. The costs associated with the performance of warranty obligations shall be borne by the Service Provider for implied warranty and by the manufacturer (or the Service Provider if deemed to be a distributor) for product warranty.
13.8. The customer shall notify the Service Provider (or the manufacturer if the customer wants to make a claim to the manufacturer in case of product warranty) of his guarantee and warranty claims without delay upon detecting the defect. For contracts between customers deemed to be consumers under the Swiss Civil Code and the Service Provider, defects notified within two months after detecting the defect shall be deemed to have been notified without delay.
14. Data management
14.1. The Service Provider is committed to protecting personal data of its users and partners, with particular regard to observing the customers’ right to dispose over their information. The Service Provider will treat confidentially personal data and take every safety, technical and organisational measure to guarantee data security.
14.2. The customer is responsible for learning about the data management rules detailed in the General Contracting Terms and Conditions. As part of these General Contracting Terms and Conditions, by placing an order, the customer declares that he is familiar with the information on handling his personal data, based on which he decided to shop in the Webshop of his free will, on a voluntary basis, having accepted the rules applicable to the management of his personal data.
14.3. In the course of Webshop purchases, the Service Provider manages the customer’s personal data. The Service Provider does not manage any personal data deemed to be special data (personal data concerning racial origin, ethnicity, political opinion or party support, religious or other views, membership in advocacy organisations, sex life, health condition, addiction or previous criminal records) at all. The legal basis of managing personal data is the voluntary provision of data and consent by the person concerned.
14.4. If the customer registers no user account or stops shopping before finalising the order, any personal data he may have provided in the process will not be saved. Once the user account is deleted, the customer’s personal data will be deleted – except for details of orders already fulfilled, the data preservation deadlines concerning which are set out in accounting and tax legislation – and the Service Provider understands deletion of the user account as withdrawal of the consent given to data management.
14.5. The Service Provider manages customers’ personal data in electronic format, in an automated manner, using no data processing staff in the process; and discloses personal data to third parties only as set out herein. Data management takes place in Hungary, in the Service Provider’s then current registered office.
14.6. The Service Provider manages personal data in order to fulfil orders, service customers, for billing purposes and for business communication purposes (direct marketing messages).
14.6.1. The customer shall provide his personal data required for fulfilling the order, customer service and billing purposes in full in the course of shopping, and such data shall be true and fair. Such personal data shall be as follows:
(a) surname, first name, or company name;
(b) address or registered office;
(c) delivery address;
(d) electronic mailing address;
(e) land and/or mobile phone number;
(f) billing address
The Service Provider notes that it is required to manage a certain scope of personal data provided (name and address) in the course of contracts according to accounting (Article 169(2) of Act C of 2000 on accounting) and tax legislation, for a period of 8 (eight) years. There is no legal possibility for deleting such data even if requested by the person concerned due to the legal obligation to manage such data.
14.6.2. The Service Provider also requests further personal data to be made available to it for business communication purposes. Provision of such data is not a prerequisite for shopping. By providing the data, the customer consents that the Service Provider may send direct marketing materials and information to him by electronic advertising or mail as long as he does not withdraw his consent to such data management. Please provide such personal data only if you consent to our sending commercial messages. The Service Provider sends such messages no more frequently than once a week. Such personal data shall be as follows:
(c) marital status
(g) IT use patterns
(h) data concerning consumer goods owned and/or used
(i) current and future consumer preferences
The Service Provider will manage the customer’s personal data provided for direct business acquisition purposes until the customer withdraws his consent, but for no more than 5 (five) years. If the customer withdraws his consent given for using his personal data for direct business acquisition purposes, the Service Provider will not send such communications and dispatch in the form of either electronic advertising or mail.
14.7. In addition to the data set out in section 14.6, the Service Provider also records and stores data related to the transaction and/or the order, data provided by the customer, as well as the date, time and amount of the transaction and the customer’s IP address (if available) in its systems. The purpose of this data management is to enhance customer experience and to screen and prevent unlawful user conduct and abuse. Such data will be managed for 30 (thirty) days after the data is generated.
14.8. If the Customer selects bank card payment, the Service Provider will not obtain the customer’s bank details; such payment events are conducted through PayPal as the payment service provider. The payment service manages the customer’s personal data based on its own data management rules (see the related information on www.paypal.com).
14.9. In the course of visiting the Webshop, the Service Provider may install cookies, anonymous identifiers (small file consisting of a character string) on your computer. Cookies help to provide the service, and purchases or the full-scale utilisation of the Webshop may not be provided without cookies in certain cases. By using cookies, the Webshop is able to keep track of your settings, visits, and “remembers” previous visits to the webpage, making site use more user-friendly. In your browser settings, you have the option to block cookies, and to delete cookies already installed for good by emptying the cache. Deleting the cookies results in losing unique settings in the Webshop (e.g. remember password, language settings) and preferred information, and the webpage may be slower to load.
14.10. The customer may request information on how their personal data are managed, deletion, blocking, correction or adjustment of his personal data in his registered user account, or, in the absence of an account, at the Service Provider’s contact points. Such requests may be made free of charge. If no mandatory data management or data preservation deadlines are set for the scope of data specified by the customer in legislation, the Service Provider will delete the personal data concerned. Information on how the customer’s personal data is managed is free of charge if the customer has not submitted requests for information on the same set of data to the Service Provider in the given year; otherwise, the information will be provided against a charge.
The Service Provider replies to inquiries from customers concerning personal data no later than within 30 (thirty) days.
14.11. The Service Provider manages data in compliance with data security expectations. In this respect, it takes all technical and organisational measures and develops all procedure rules that are required to meet data and secret protection requirements.
14.12. The Service Provider provides the personal data set out in section 14.6.1 – and in the case of collect on delivery, the amount payable – to the company performing delivery (see Chapter 3) and to PayPal. The purpose of data transfer and data management is to fulfil the customer’s order, deliver products, confirm transactions and fraud monitoring performed in order to protect users.
14.13. The Service Provider collects no data enabling unique identification of occasional visitors to the website. It collects data unfit for unique identification solely for statistical purposes and discloses such data only in aggregate form. The Service Provider’s system may collect data on customer activity, which may not be linked to other data provided by customers on registration or to data generated when using other webpages or internet services.
14.14. I consent that my following personal details stored by the Service Provider in the Webshop’s user data base may be transferred to PayPal, Inc. (seat: 2211 North First Street San Jose, California 95131 USA) as data manager. Scope of data to be transferred: user name, surname, first name, country, phone number, e-mail address.
The purpose of data transfer is to provide customer service assistance to users, confirm transactions and fraud monitoring performed in order to protect users.
14.15 Website contents, specifically cookies:
- The contents of web pages serve only information purposes and constitute the Data Manager’s intellectual property, and may not be used in any form without the Data Manager’s prior written consent.
- The website contains links, pointing to websites operated by third parties. The Data Manager does not necessarily have any control over contents found in such websites.
- Certain parts of the website use small data files called cookies for your identification, which are stored on your computer. You can use your browser to set or prevent activities related to cookies, but please note that you may not be able to use all services offered by the website without using the cookies.
- Visitor IP address will be logged by the website in order to record visits, which serves only statistical purposes. The data in the log file will not be linked to any personal details that allow your personal identification.
15. Complaint management, disputes
15.1. You can contact us with questions or comments on the products at our electronic customer contact points.
15.2. In case of complaints, you can contact us at the contact points specified herein. Complaints received will be investigated right away and remedied as needed. If you disagree with how your complaint is handled or it is not possible to investigate a complaint immediately, the complaint and your position will be recorded in a protocol, and you will receive a copy of that protocol no later than together with our reply to the merit of your complaint. You will receive a written reply to the merit of your complaint no later than within thirty days of receiving the complaint.
15.3. The Service Provider and the customer will attempt to settle any disputes amicably. In case of a consumer dispute, customers deemed to be consumers under the Hungarian Civil Code may propose proceedings before the arbitration board attached to the county (metropolitan) chamber of commerce and industry. The basic goal and function of arbitration board proceedings is to attempt to have the dispute between the consumer and the business entity settled by them, and if this is not possible, to decide the case in order to quickly, efficiently and simply enforce consumer rights.
The arbitration board having competence at your permanent or temporary residential address will have the competence to conduct the proceedings. In the absence of a place of residence in Hungary, the arbitration board having competence at the registered office of the business involved in the consumer dispute or of the entity authorised to represent that business will have the competence to conduct the proceedings.
Contact details of arbitration boards: http://www.ofe.hu/inet/ofe/hu/menu/bekeltetes.html
Arbitration board having competence at the registered office of the Service Provider:
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99.
Phone: +36 (1) 488 2131
Fax: +36 (1) 488 2186
Name: Dr. György Baranovszky
We will attempt to settle any disputes primarily by out-of-court settlement but will not accept the decision of the arbitration board in general.
15.4. You may submit complaints concerning the management of your personal data to the data protection authority at:
Hungarian National Authority for Data Protection and Freedom of Information
mailing address: 1530 Budapest, P.O.B. 5
address: 1125 Budapest Szilágyi Erzsébet fasor 22/c
Phone: +36 (1) 391-1400
Fax: +36 (1) 391-1410
15.5. Customers may resort to a court in order to enforce claims and/or for disputes concerning the management of their personal data; information on the jurisdiction and competence of the courts can be found on www.birosag.hu.
16.1. These General Contracting Terms and Conditions will come into force on 27 May 2015 and will remain in force until further notice.
16.2. The Service Provider may unilaterally amend the General Contracting Terms and Conditions. The Service Provider will provide a link to any amendment to the General Contracting Terms and Conditions on its website (the internet interface for the Webshop) before it comes into force.
17. Governing law
17.1. These General Contracting Terms and Conditions, and the legal relationships between the Parties with regard to and based on the General Contracting Terms and Conditions shall be governed by Hungarian law, in particular
Act V of 2013 on the Civil Code („Ptk.”);
Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“Ekertv.”);
Act CLIXV of 2005 on trade (“Kertv.”);
Act XLVIII of 2008 on the basic requirements and certain restrictions of commercial advertising activities (“Grt.”);
Act CXII of 2011 on informational self-determination and freedom of information (“Infotv.”);
Government Decree no. 151/2003. (IX. 22.) on mandatory guarantee for certain durable consumer goods;
Government Decree no. 210/2009. (IX. 29.) on the conditions governing commercial activities;
Government Decree no. 45/2014. (II. 26.) on the detailed rules of contracts concluded between consumers and business entities;
Decree of the Ministry for National Economy no. 19/2014. (IV. 29.) on the procedure rules for settling guarantee and warranty claims concerning things sold under a contract between a consumer and an undertaking;
18. Miscellaneous provisions
18.1. These General Contracting Terms and Conditions contain primarily the rules for contracts between consumers (natural persons acting outside their profession, independent occupation or business activity) and the Service Provider. If the party placing the order is not deemed to be a consumer, the provisions hereof applicable to consumers shall not be applied.
18.2. The Service Provider may use a servant for performing its obligations. It shall be liable for any unlawful conduct of such servant as for its own conduct.
18.3. Should any provision hereof become invalid, unlawful or unenforceable, this shall not affect the validity, lawfulness and enforceability of the remaining provisions hereof.
18.4. If the Service Provider fails to exercise any right it has hereunder, such failure to exercise the right shall not be deemed to be a waiver of that right. Any waiver of any right shall be valid only if explicitly done in writing. The Service Provider’s lack of strict insistence on a substantial term or condition hereof shall not constitute a waiver thereof later on.
18.5. All trademarks and markings shown herein are the sole property of the respective rightholders of such trademarks and markings.
18.6. Provisions of present General Contracting Terms and Conditions shall apply together with those written in the user”s guide, or maintenance and service guide of the product as well as the Guraantee Letter and/or Warranty and Guarantee Terms and Conditions. In case of contradiction the provisions of the latter documents shall prevail.
Annex no. 1 – Template for cancelling the contract
Annex no. 1
Template for cancelling the contract
6300-CH, Baarerstrasse 22
I/we the undersigned hereby declare that I/we exercise my/our right to reject the contract for the sale of the following product/s or provision of the following service/s:
Date of contracting/receipt:
Product description, identification details:
Name(s) of consumer(s):
Address(es) of consumer(s):
Signature(s) of consumer(s):
[Done in ], [day, month, year]
(only for statements made in hardcopy)