General terms and conditions
Introduction:
By placing your order, you accept the General Terms and Conditions of our webshop.
If you have any questions regarding the use of our webshop, the purchasing process, our products, or our General Terms and Conditions, please contact us at the following:
1. Service provider details:
Service Provider name: Wágner Rita e.v.
Registered office: 3700 Kazincbarcika, Kazinczy Ferenc tér 4 4/12
Postal address: 3700 Kazincbarcika, Kazinczy Ferenc tér 4 4/12
Tax number: 56761708-1-25
Service provider registration number: 55451176
Name of the registering authority: National Tax and Customs Administration of Hungary, Directorate of Key Tax and Customs Affairs
Hosting service provider details:
Service Name: Shopify International Ltd.Attn: Data Protection Officer, Intertrust Ireland 2nd Floor 1-2 Victoria Buildings Haddington Road Dublin 4, D04 XN32 Ireland
2. Basic provisions
Issues not regulated in these Regulations, as well as the interpretation of these Regulations, shall be governed by Hungarian law, in particular Act V of 2013 on the Civil Code ("Ptk."), as well as Act CVIII of 2001 on certain issues of commercial services and services related to the information society. (Elker. tv.) and the relevant provisions of Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant legislation apply to the parties without special stipulation. These regulations remain in force until revoked. The Service Provider is entitled to unilaterally amend the Regulations. The Service Provider publishes the amendments on its website. By using the website, users accept that all regulations related to the use of the website apply to them automatically. A user, by accessing the website of the webshop operated by the Service Provider or by reading its content in any way - even if you are not a registered webshop user - acknowledges the provisions of the Regulations as binding on themselves. If the User does not accept the terms, they are not entitled to view the content of the webshop. The Service Provider reserves all rights regarding the webshop website, any part of it and the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, and sell any content displayed on the webshop or any part thereof without the written consent of the Service Provider.
3. Registration/purchase
By purchasing/registering on the website, the user declares that they have read and accepted the terms and conditions of these General Terms and Conditions and the Data Management Information published on the website, and consent to data management. The User is obliged to provide their own, real data during purchase/registration.
In the event of false data provided during purchase/registration or related to another person, the electronic contract thus created is void. The Service Provider excludes its liability if the User uses its services on behalf of another, with the data of another person. The Service Provider is not responsible for delivery delays or other problems and errors attributable to incorrect and/or inaccurate data provided by the User. The Service Provider is not responsible for damages resulting from the User forgetting their password or if it is accessed by unauthorized persons for a reason not attributable to the Service Provider.
4. Range of purchasable products and services
The displayed products are available online. The prices indicated for the products are in Hungarian Forints and include the statutory VAT, but do not include the cost of home delivery. No separate packaging cost is charged.
The Service Provider displays the product name, description, and photographs of the products in detail in the webshop. The images displayed on the product data sheet may differ from reality and are for illustrative purposes. We do not take responsibility for the image displayed in the webshop, nor for discrepancies arising from the actual appearance of the product. Given that the Service Provider sells unique, handmade products made from vintage, sustainable, and recycled materials in the webshop, the User must acknowledge that deviations from the displayed images are normal, and noticeable differences in color shade and not perfectly uniform painting, and fiber defects on the products are not considered defects.
In the event of the introduction of a promotional price, the Service Provider fully informs Users about the promotion and its exact duration. If, despite all due care, the Service Provider charges an incorrect price interface in the Webshop, especially in the case of a clearly erroneous price, e.g., if the product is well-known, it generally differs significantly from the accepted or estimated price, or in the case of a price of HUF 0 or HUF 1 due to a system error, the Service Provider is not obliged to deliver the product at the erroneous price, but can offer delivery at the correct price, in light of which the Customer may refuse their intention to purchase.
In the case of an incorrect price, there is a noticeable difference in value between the real and the indicated price of the product, which the average consumer must notice immediately. The contract is concluded based on Act V of 2013 on the Civil Code (Ptk.) with the mutual and unanimous declaration of will of the parties. If the parties cannot agree on the terms of the contract, i.e., there is no declaration expressing the will of the parties mutually and unanimously, then we cannot speak of a validly concluded contract from which rights and obligations arise. Based on this, an order confirmed at an incorrect/wrong price is considered an invalid contract.
5. Order process
The user places the selected products in the cart. The user can view the contents of the cart at any time by clicking on the "cart" icon. If the User wishes to add another product to the cart, they can continue browsing the products. If they do not wish to purchase additional products, they should check the quantity of the product(s) they wish to purchase. They can delete the given product by clicking on the "remove" link. The User selects the delivery address, then the delivery/payment method, the types of which are as follows:
Through the secure payment system of SimplePay OTP Mobil, the user can easily pay the value of the order online. The user is entitled to receive the product(s) in the manner specified by them after the amount has been credited to the Service Provider's bank account by bank transfer.
6. Using our webshop:
Our webshop provides the User with a presentation of products (products with images, descriptions, prices on the website) and an online ordering option. You can browse our website using a menu system. Products are sorted by category. Clicking on the category name will display the products belonging to that category. On the list page, you will find a detailed description of the product by clicking on the product name. You can also search in our webshop by keyword. For promotional products, the start and end dates of the promotion, as well as the "while stocks last" indication, are displayed. If you wish to purchase a product, you can do so by clicking the cart button (after setting the quantity if you want more, then) by clicking the cart button. You can view and check the products in your cart by clicking the View Cart button. Here you have the option to modify the quantity or delete products. By clicking the Empty Cart button, the entire contents of the cart will be deleted. If you have selected the products you wish to order, you can place your order by clicking the Order button when you enter the page; if you are not registered, you can place your order by creating a registration. During registration, you must provide your name, address, billing address, shipping address, email address, phone number, and password. You will receive an email confirmation of successful registration. The security of login data is the responsibility of the User; they are responsible for updating their data and must inform the Service Provider if their data has been misused by a third party. If you forget your password, click the "Forgot password" button, and a link will be sent to the User's registered email address, with which they can create a new password.
During the ordering process, the User must select the desired payment and shipping method. Immediately before approving the order, the User can check the correctness of the data, products, and their quantities on the Order Summary page. If you wish to correct the data, you can do so by clicking the pencil icon.
Finalizing the order:
If everything is correct, you can finalize your order by clicking the "Send Order" button, which will be confirmed by our website and by email. If you notice in the confirmation email that you have provided incorrect data, please notify us immediately within 24 hours.
The information on our website does not constitute a contractual offer by the Service Provider. You are the offeror.
By pressing the "Send Order" button, you acknowledge that your offer must be considered made, and your declaration is subject to a payment obligation. If your payment is not confirmed within 48 hours in accordance with our General Terms and Conditions, you will be exempt from your payment obligation.
Order processing and contract conclusion:
You can place your order in our webshop at any time. You will receive an automatic confirmation of your order, which means that your order has been received. If you do not receive an automatic confirmation email within 24 hours of placing your order, please let us know, as there may be a technical problem that prevented your order from being received.
Reservation of rights and retention:
If you have previously ordered a product from us but did not accept it upon delivery (unless you exercised your right of withdrawal), or if the package was returned to us marked "I don't want it", the Service Provider will fulfill the order upon advance payment of the purchase price and shipping cost. The Supplier may withhold delivery of the package until we are satisfied that the purchase price of the product has been successfully settled in the case of online payment. If the price of the product has not been fully settled, the Service Provider will draw the Consumer's attention to the need to supplement the purchase price.
7. Technical protection measures and operation of digital data content:
The servers providing the data displayed on our website have an uptime of 99.9%/year. The entire data content is continuously backed up periodically, so in case of a problem, the original data can be restored. The data displayed on our website is stored in MySQL or MSSQL databases. Due to their sensitive nature, this data is stored with appropriate strength encryption and encrypted with hardware support built into the processor.
Product characteristics:
On our website, information about the characteristics of the products for sale is provided in the description on the product page.
Correction of data entry errors and responsibility for data accuracy:
During the ordering process, you have the opportunity to modify or correct the data you provided before confirming the order. You are responsible for the accuracy of the information you provide. Based on this information, we will issue an invoice and deliver the product(s) to the address designated as the delivery address.
By placing your order, you acknowledge that the Service Provider is entitled to charge you for damages or costs resulting from incorrectly provided data. The Service Provider excludes liability for performance resulting from incorrect data entry. If the email address or mailbox is full, the confirmation is considered undeliverable and may hinder the performance of the contract.
8. Copyright:
It is prohibited to download (copy), publish, otherwise use, electronically store, process, and sell any content displayed on the website or any part thereof without the written consent of the Service Provider. At the same time, any material from the website and its database may only be taken by referring to the specific website, even with written consent. The Service Provider reserves all rights to all elements of its service, its domain names, secondary domain names formed with them, and its internet advertising spaces. It is prohibited to adapt or reverse engineer the content or certain parts of this website; to create user IDs and passwords in an unfair manner; to modify or index any part of any application used on the website.
Our website is a copyright work according to § 1 (1) of Act LXXVI of 1999 on Copyright, and all its parts are protected by copyright. Unauthorized use of images, texts, software or graphic programs on our website, as well as the use of applications that modify or damage our website, is prohibited under § 16 (1) of the same Act. Please note that the reproduction of materials, images, videos, and texts from our website and database is only permitted with the written consent of the copyright owner (Wágner Rita) and with the source indicated.
9. Consumer information based on Government Decree 45/2014 (II. 26.):
Information on the Consumer's right of withdrawal:
As a Consumer, according to Section 8:1 (1) point 3 of the Ptk., only a natural person acting outside their profession, individual enterprise, or business activity is considered a consumer, therefore a legal entity cannot exercise the right of withdrawal without justification. The Consumer is entitled to withdraw from the contract without justification based on Section 20 of Government Decree 45/2014 (II. 26.). The Consumer may exercise their right of withdrawal in the case of a contract for the sale of goods within 14 days of receiving the goods.
The Consumer may also exercise their right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. If the Consumer has made an offer to conclude a contract, they have the right to withdraw the offer before the contract is concluded, which terminates the obligation to make an offer to conclude a contract.
Declaration of withdrawal, Consumer's right of withdrawal and termination:
The Consumer may exercise their right granted by Section 20 of Government Decree 45/2014 (II. 26.) by making a declaration to that effect.
Validity of the consumer's declaration of withdrawal:
The right of withdrawal is considered to have been exercised within the deadline if the Consumer sends a declaration to us within the deadline (14 days).
The Consumer bears the burden of proving that they exercised their right of withdrawal in accordance with this provision.
Upon receipt of the Consumer's declaration of withdrawal, the Service Provider will electronically confirm to the Consumer the fact of exercising the right of withdrawal and its acknowledgment.
Obligations of the Supplier in case of Consumer withdrawal:
Service Provider's obligation to refund:
If the Consumer withdraws from the contract based on Section 22 of Government Decree 45/2014 (II. 26.), the Service Provider will refund the total amount paid by the Consumer, including the costs related to performance, thus the shipping fee, within 14 days of the notification of withdrawal. Please note that this provision does not apply to additional costs resulting from choosing a delivery method other than the usual, cheaper delivery method.
How the service provider is obliged to refund:
In case of withdrawal/termination according to Section 22 of Government Decree 45/2014 (II. 26.), the Service Provider will refund the amount to the Consumer in accordance with the payment method used by the Consumer. With the Consumer's consent, the Service Provider may also use another payment method for the refund, but the Consumer will not incur any additional charges. The Service Provider is not responsible for delays due to an incorrectly provided bank account number or postal address by the Consumer.
Additional costs:
If the Consumer chooses a delivery method other than the usual, cheaper one, the Service Provider is not obliged to reimburse the additional costs incurred. In such cases, we are obliged to refund up to the indicated normal shipping fees.
Right of retention:
The Supplier may withhold the refund due to the Consumer until the Consumer has returned the product or has clearly confirmed the return of the product. We do not accept packages sent by cash on delivery or with postage due.
In case of consumer obligation withdrawal/termination:
Product return:
If the Consumer withdraws from the contract based on Section 22 of Government Decree 45/2014 (II. 26.), the product must be returned immediately, but no later than within 14 days of the withdrawal, or handed over to a person authorized by the Service Provider to receive the product. The return is considered completed within the deadline if the Consumer returns the product before the expiry of the deadline.
Costs related to product return:
The cost of returning the product is borne by the Consumer. The product must be returned to the Service Provider's address. If the Consumer withdraws from the contract after the performance has begun, they are obliged to pay a fee proportionate to the service provided to the Service Provider until the notification of withdrawal. The amount to be paid by the Consumer must be determined in proportion to the total amount of the consideration agreed in the contract, increased by tax. If the Consumer proves that the amount thus determined is too high, the proportionate amount must be calculated based on the market value of the services provided until the termination of the contract. We do not accept packages sent by cash on delivery or with postage due.
Consumer responsibility for depreciation:
The Consumer is responsible for the depreciation resulting from use beyond what is necessary to determine the nature, characteristics, and functioning of the product.
Warranty, product warranty, guarantee:
This section of the Consumer Information was prepared based on the authorization of Section 9 (3) of Government Decree 45/2014 (II. 26.) and using Annex 3 of Government Decree 45/2014 (II. 26.).
10. Warranty
10.1. Product Warranty
In what case can the User exercise their right to a product warranty?
In case of faulty performance by the webshop operating company, the User can assert a product warranty claim against the company according to the rules of the Civil Code.
What rights does the User have based on their warranty claim?
The User may, at their discretion, assert the following warranty claims: they may request a repair or replacement, unless fulfilling the User's chosen claim is impossible or would incur disproportionate additional costs for the business compared to fulfilling another claim. If they have not requested or could not have requested a repair or replacement, they may request a proportional reduction in the consideration or have the defect repaired by the User at the business's expense, or have it repaired by someone else, or - as a last resort - withdraw from the contract. They may switch from one chosen warranty right to another, but the User shall bear the costs of the switch, unless it was justified or caused by the business.
By what deadline can the User assert their warranty claim?
The User is obliged to notify the defect immediately after its discovery, but no later than two months from the discovery of the defect. However, please note that after a two-year limitation period from the performance of the contract, you can no longer assert your warranty rights.
Against whom can the User assert their warranty claim?
The User can assert their warranty claim against the business.
What other conditions are there for asserting warranty rights?
Within six months of performance, there are no other conditions for asserting a warranty claim beyond notifying the defect, if the User proves that the product or service was provided by the business operating the webshop. However, after six months from performance, the User is obliged to prove that the defect identified by the User already existed at the time of performance.
10.2. Product Warranty
In what cases can the User exercise their product warranty right?
In case of a defect in a movable item (product), the User may, at their discretion, assert a warranty claim for defects or a product warranty claim.
What rights does the User have based on their product warranty claim?
As a product warranty claim, the User may only request the repair or replacement of the defective product.
In what case is the product considered defective?
A product is defective if it does not meet the quality requirements valid at the time of its placing on the market, or if it does not have the properties described in the manufacturer's description.
By what deadline can the User assert their product warranty claim?
The User can assert their product warranty claim within two years from the product's placing on the market by the manufacturer. After this deadline, they lose this entitlement.
Against whom and under what other conditions can the User assert their product warranty claim?
They can only exercise their product warranty claim against the manufacturer or distributor of the movable item. The User must prove the defect of the product when asserting a product warranty claim.
In what case is the manufacturer (distributor) exempted from its product warranty obligation?
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
–it did not manufacture or place the product on the market within the scope of its business activities, or
–the defect was not detectable at the time of placing on the market according to the state of science and technology, or
–the defect of the product resulted from the application of a legal regulation or a mandatory official requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.
Please note that you cannot assert a warranty claim for defects and a product warranty claim simultaneously and in parallel for the same defect. However, if your product warranty claim is successfully enforced, you can assert your warranty claim for defects concerning the replaced product or repaired part against the manufacturer.
10. Procedure in case of a warranty claim
In a contract between a consumer and a business, the parties' agreement cannot deviate from the provisions of the regulation to the detriment of the consumer.
It is the consumer's duty to prove the conclusion of the contract (with an invoice, or even just a receipt). The Service Provider is obliged to record a report on the consumer's warranty or guarantee claim made to them. A copy of the report must be provided to the consumer without delay, in a verifiable manner.
If the Service Provider cannot state at the time of notification whether the consumer's warranty or guarantee claim can be fulfilled, they are obliged to inform the consumer of their position
–in case of rejection of the claim, the reason for the rejection and the possibility of recourse to the conciliation body –within five working days, in a verifiable manner.
The Service Provider is obliged to keep the report for three years from its date of recording and to present it at the request of the inspecting authority. The Service Provider must strive to complete the repair or replacement within a maximum of fifteen days.
11. Miscellaneous Provisions
The Service Provider is entitled to use an auxiliary person for the fulfillment of its obligations. It bears full responsibility for the unlawful conduct of this person, as if it had committed the unlawful conduct itself.
If any part of these Regulations becomes invalid, unlawful, or unenforceable, it shall not affect the validity, legality, and enforceability of the remaining parts.
If the Service Provider does not exercise a right to which it is entitled under these Regulations, the failure to exercise that right shall not be considered a waiver of that right. Any waiver of a right is only valid if made in an express written statement.
The fact that the Service Provider does not strictly adhere to an essential term or condition of these Regulations on one occasion does not mean that it waives its right to insist on the strict observance of that term or condition at a later time.
The Service Provider and the User shall try to settle their disputes peacefully.