GENERAL TERMS AND CONDITIONS
CUSTOMER INFORMATION – INTRODUCTION
Please carefully read our General Terms and Conditions and this information material, if you wish to become a buyer or active user of www.annamariapap.com webshop, and only use our services if you fully accept these terms and conditions and agree to be bound by them.
The language used in this webshop, in the consumer contract entered into by placing the orders and in all future communications shall be Hungarian and English.
By way of purchasing in the webshop the customer is considered to understand the technical opportunities and limitations of the internet and accept the error inherent to this technology. We recommend that you use anti-virus and anti-spyware software with an updated database and always install the current security updates of your operation system and browser.
The provider assumes no liability for any damage arising as a consequence of joining the website. The customer shall be liable for ensuring due protection of his/her own computer and data stored on it.
Any order placed in the webshop shall only be accepted by the Provider, if the Customer fully fills in all obligatory fields required for ordering. The Provider excludes all and any liability for delayed deliveries or other problems and errors attributable to any incorrect and/or inaccurate data submitted by the Customer.
For further information on the operation of the webshop or the process of ordering and delivering, please contact our Customer Service (email: email@example.com; tel.: +36 70 364 2163) available (M-F) 09-16:30.
The order is generally activated, if it was confirmed in email or over the phone.
The language of order confirmation is identical with the language of contract.
The consumer contract concluded via this webshop between Provider and Customer (subject to Government Decree 45/2014 (II.26) on Distance Contracting) cannot be considered a written agreement, therefore, it is not filed and will not be available in a hardcopy version.
Please bear in mind that we assume no liability for mistypes or incorrect data on this website.
GENERAL TERMS AND CONDITIONS
Legal information pursuant to Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumer and entrepreneur.
A) The services of the webshop "www.annamariapap.com" are provided by the following company:
Registered seat: H-2040 Budaörs, Clementis László str. 2
VAT no.: 65635043-1-33
Trade Register No.: 16858670
Customer Service email: firstname.lastname@example.org
Tel.: +36 70 364 2163
B) Main sphere of services:
TEÁOR 321303 '08 production of gift and ornaments products
TEÁOR 4791 '08 Retail sale via mail order houses or via Internet
The users of the service: the individuals defined as "consumers" by the Government Decree and Article 1 (3) of Book 8 of Act V of 2013 (the new Civil Code), that is, a natural person acting outside his/her profession, occupation or business activity. Pursuant to the above, Consumer as "Customer" together with Provider shall be hereinafter referred to as Parties. Article 4 (10) of the Government Decree Distance contract: a consumer contract entered into between the parties for a remote sales of products or services without the simultaneous physical presence of the parties by exclusively using means of communication between remote parties in order to conclude the contract.
Article 4 (14) of the Government Decree Off-premises contract: a consumer contract
a) concluded with the simultaneous physical presence of contracting parties outside the place of business of the company;
b) where the consumer has made an offer to the company in accordance with Subsection a);
c) concluded directly by the application of a means of communication between the persons present in the place of business of the company or the remote parties after the company personally and individually contacted the consumer, with the simultaneous physical presence of the parties, outside the place of business of the company; or
d) concluded in the course of a trip organized by the company with the aim of selling or marketing products or services to the consumer;
This website (www.annamariapap.com) shall qualify as a "means of communication between remote parties" in accordance with Article 4 (11) of the Government Decree.
C) Technical operation of this website:
The web server serving the "www.annamariapap.com" domain is operated by Nextserver Kft.(1039 Budapest, Lukács György utca 18.)
web: www.nextserver.hu, e-mail: email@example.com
Therefore, the ordering data recorded in the webshop are stored in Hungary, Budapest.
D) The following delivery information apply to all ordered products. The orders placed at our webshop are delivered by GLS or MPL. In case the order destination address provided is within the territory of Hungary the shipping is free of charge. Fees of supplementary services: Cash on delivery: 2 EUR extra cost Delivery of parcels exceeding the size limitations:
E) Pursuant to Article 14 (4)–(5) of Act CLV of 1997 on Consumer Protection, the prices in the webshop are indicated in HUF and EUR. The products are always sold at the price indicated at the time of ordering. The Provider reserves the right to change the price of its products at any time without a retrospective effect.
1. Cash on delivery (the Customer pays in cash when the parcel is received)
2. PayPal (the Customer pays via the site www.paypal.com when placing the order)
3. Bank transfer (the Customer initiates a bank transfer, where the beneficiary is Annamaria Pap - (OTP Bank): 11773346-42491495
Please write your name or order number in the reference field of the money transfer.
F) Detailed rules on telephone communication after concluding the contract and use of the payment method:
Article 6 of the Government Decree If the company provides a telephone communication after concluding the contract, then the company ensures that the consumer is not charged a premium rate for any calls to the company. The customer service telephone number of www.annamariapap.com is a normal (non-premium rate) telephone number: +36-70/364-2163. Article 7 (1) of the Government Decree The company may not charge any expenses borne by it with relation to the use of a given payment method (such expenses are the cost of cash on delivery, which is charged forward at the same value).
G) This information material and all product descriptions on this website are subject to Article 11 of the Government Decree. The Consumer indicates his/her request for delivery by clicking on the Order button, thereby requesting an "immediate" delivery (Article 13 and 19 of the Government Decree). Orders can be placed on the website 24/7. The orders submitted are processed on all BUSINESS DAYS between 09 and 20 o'clock. Orders can be placed outside the timeframe specified above with the orders submitted over working hours being processed on the following day. Our Customer Service sends a confirmation email. The estimated delivery depends on the destination. Within Hungary: 1-3 days.
The process of ordering:
1. You can purchase in our webshop without registering
2. The products to be purchased should be placed in the shopping basket one by one using the add to cart button
3. Having selected the preferred products, you can check the content and total sum of your shopping basket (you can always see the full shopping basket on the right upper corner of the screen).
4. To complete the ordering you have to
I. fill all the the fields with your data (you can only correct any mistakes prior to clicking on the CHECKOUT button),
II. specify the method of delivery (cash on delivery or personal takeover at one of our shops) and the method of payment. The shipping cost will be calculated based on the destination and paying method.
5. The system will automatically send you an email confirming that your order has been received.
6. The courier service contacts you via email or on telephone with the expected date of delivery.
PLEASE NOTE Please request delivery to a place where someone aware of the delivery is always accessible. Please only order the preferred product if you will be able to pay its price to the courier when the parcel is delivered. The invoice indicating the cost of carriage can be found inside the parcel.
H)Pursuant to Article 20 (2) b) of the Government Decree, the Consumer may withdraw from fulfilling the contract within 14 calendar days of placing the order by sending a declaration via email to firstname.lastname@example.org in accordance with Article 4 (9) of the Government Decree. The Consumer may not cancel orders placed in the webshop over the telephone (verbally). The full price of the order terminated by a declaration of cancellation shall be compensated by the Provider within 14 days from termination by wire transfer in accordance with Article 23 of the Government Decree.
Model declaration of cancellation:
I/We undersigned, declare that I/we wish to exercise
my/our right to withdraw from the
contract concluded for the below service:
Date of contracting/date of acceptance:
Name of Consumer(s):
Address of Consumer(s):
In case of goods already delivered but with a faulty performance (incorrectly compiled or damaged in the course of delivery), the Provider undertakes to transport the goods back with a guarantee claim (Article 24 of the Government Decree).
The Consumer may not exercise his/her right to withdrawal with regard to Article 29 of the Government Decree, particularly a) and d), if the order was placed in this webshop, the Provider accurately delivered the goods, but the Consumer is not willing to accept them. On the other hand, THE RIGHT TO WITHDRAWAL IS NOT GIVEN TO THE CONSUMER IN CASE OF PRODUCTS SPECIFICALLY MADE FOR HIS/HER NEEDS (BASED ON A UNIQUE DESIGN). In this case the Government Decree does not require the Provider to re-deliver the product or refund the fees, owing to a proper delivery.
After returning the faulty product will be repaired or replaced (depends on actual stock) without any added cost to the Customer.
I)Customer Service, information and submission of claims: on weekdays between 09:00 and 17:00 via email. Any product or implied warranty or guarantee, pursuant to Act V of 2013 (Article 159 and 174 of Book 6 of the Hungarian Civil Code), may only be enforced after the acceptance of delivered goods by a) mutual agreement, b) conciliatory proceedings or c) in civil law procedures. The condition of submitting the warranty claim: if the delivered goods (products) are unserviceable (due to fault in manufacture or damage sustained during transport) and this is obviously attributable to the courier or the Distributor (Annamaria Pap). It is not possible to enforce both a product and an implied warranty or guarantee claim at the same time. The submission of a warranty or guarantee claim is not considered a consumer complaint. In accordance with the decree, in order to enforce a warranty claim the consumer has to prove the existence of the contract by presenting the original invoice. A protocol shall be drawn up of the warranty claim. The process of a warranty procedure is described in detail in Article 4. Please note that pursuant to Article 29 of Government Decree 45/2014 (II.26), the Customer may not exercise his/her right acquired in Article 20 of the Government Decree, if the concerned product was made according to the instructions or requests of the Customer.
J)The text of effective legislation is available at:
45/2014(II.26) Korm.r. http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.260043
2001:CVIII Ektv. http://njt.hu/cgi_bin/njt_doc.cgi?docid=57566.254495
2013:V Ptk. http://njt.hu/cgi_bin/njt_doc.cgi?docid=159096.239298
19/2014(IV.29) NGM.r. http://njt.hu/cgi_bin/njt_doc.cgi?docid=168978.263277
a) In case of consumer contracts (orders) dated prior to 16.06.2014 the costumer information and General Terms and Conditions shall be interpreted in accordance with Government Decree 17/1999 (II.5).
b) The Provider may unilaterally amend the General Terms and Conditions at any time. Any amendments shall come into effect on the date of publication on the Website.
Information on product and implied warranty and guarantee
1. Implied warranty
When can the implied warranty right be exercised?
In the event of faulty performance, you may enforce your implied warranty right against the company in accordance with the provisions of Article 159 and 167 of Book 6 of Act V of 2013 (Hungarian Civil Code).
What are the rights arising out of the implied warranty?
You may, at your own discretion, enforce the following implied warranty claims:
You may request repair or replacement, except, if the claim chosen by you is unenforceable or leads to disproportionate additional costs for the company compared to other claims. If you have not requested repair or replacement, or could not have requested it, then you may apply for a proportionate discount, you may do repairs/have repairs done to the expense of the company or, as a last resort, withdraw from the contract.
You may change from one implied warranty right to another, however, the costs of this change shall be borne by you, except if it was justified or the company made it necessary.
What is the deadline of enforcing an implied warranty claim?
You shall report the defect after its detection immediately, but not later than one week after the defect was detected. Please note, however, that you may not enforce your implied warranty claims after an expiry of 6 month from the fulfilment of the contract.
Against whom can the implied warranty claim be enforced?
You can enforce your implied warranty claims against the company.
What are the other conditions of enforcing implied warranty claims?
The enforcement of implied warranty claims is not subject to any condition other than reporting the defect within six months of fulfilment, if you can prove that the product or service was provided by Annamaria Pap. as the company. However, following the expiry of the 6-month period from fulfilmnet, you have to prove that the defect detected by you was present at the time of fulfilment.
2. Product warranty (Article 168 and 170 of Book 6 of the Hungarian Civil Code)
When can the product warranty right be exercised?
In the event of the defect of a moveable asset (product) you may, at your own discretion, enforce the right or product warranty claim specified in Section 1.
What are the rights arising out of the product warranty?
You may only demand the repair or replacement of the defective product as part of the product warranty.
When is the product considered defective?
The product is considered defective when it does not meet quality requirements or does not have the characteristics specified in the manufacturer's description at the time of placing on the market.
In which scenarios is the warranty not void?
Warrany is NOT void in the following scenarios:
- improper use of product or overburdening the product
- the product was continuously subjected to wet or humid environment
- the product was altered by the Customer or the product was forcibly opened
- the improper or negligent use of the locking mechanism
The provided 6-month warranty does not cover naturally occuring wearing of the product, damage to the product after purchase or the faults of slide fasteners and metal accessories. Any damage by the deliverer should be addressed at the place of delivery promptly to the deliverer or insurer and by no means covered by the provided warranty.
What is the deadline of enforcing an product warranty claim?
You can enforce your product warranty claim within 6 months of the product's placing on the market by the manufacturer. This right is lost after this date.
Against whom and with what conditions can the product warranty claim be enforced?
The product warranty can only be enforced against the manufacturer or distributor of the moveable asset. When enforcing a product warranty, the defect of the product shall be proven by you.
When is the manufacturer (distributor) released of the obligation of product warranty?
The manufacturer (distributor) is released of its obligation of product warranty, if it can prove that:
• the product was manufactured or placed on the market outside its business activity,
• the defect could not have been detected at the time of placing on the market according to the state of technology, or
• the defect of the product arises from the application of a legislation or obligatory official standard.
The manufacturer (distributor) has to prove only one thing to be released from this obligation.
Please note that you cannot enforce both an implied warranty and a product warranty claim simultaneously for the same defect. In the event of the successful enforcement of your product warranty claim the implied warranty on the replaced or repaired part can be enforced against the manufacturer.
3. Guarantee (Article 171 and 174 of Book 6 of the Hungarian Civil Code)
In the event of faulty performance, the providers are obligated to undertake a guarantee. The deadline for enforcing the guarantee is 14 calendar days from the receipt of the products.
Any faulty performance can be remedied by re-delivering correct goods. The Consumer may choose to have the price of goods refunded (the Provider, however, cannot refund the costs of the initial delivery or re-delivery, since delivery as a service is provided by receiving the parcel).
The company is released from the guarantee obligation only if it can prove that the cause of defect occurred after fulfilment (following that the courier left the consumer).
Please note that the Consumer cannot enforce both an implied warranty and a product warranty claim simultaneously for the same defect. Notwithstanding the Section 1 and 2, you shall be provided with the rights arising from the warranty.
This information material is valid from: 01.11.2015.