GENERAL TERMS AND CONDITIONS
Effective: from 2017-07-23
If you have any questions about these General Terms and Conditions, the use of the website, the individual products, the purchase process, or if you would like to discuss your individual needs with us, please contact our staff at the contact details provided!
The issuer of the General Terms and Conditions, the operator of the online store:
Name: Burst Maria
Headquarters and mailing address: 34 Késmárki u. 2143 Kistarcsa
Tax number: 65205787-1-33
Representative: Burst Maria
Phone number: 0620-662-9148
Webshop name / Website: www.nepalitermekek.com
Company name: Burst Maria ev
Bank account number: K&H, HU 24 10402283-50526867-77491001
1. Relevant legislation
In particular, the following legislation applies to the Agreement:
§ 1997 CLV. law on consumer protection;
§ CVIII of 2001 Act on certain issues of electronic commercial services and services related to the information society;
§ Act V of 2013 on the Civil Code (PTK);
§ 151/2003. (IX. 22.) Government decree on the mandatory guarantee for certain consumer durables;
§ 45/2014 (II.26) Government Decree on the detailed rules of contracts between the consumer and the business;
§ 19/2014. (IV. 29.) NGM decree on the procedural rules for managing warranty and guarantee claims for items sold under a contract between a consumer and a business
2. Scope and acceptance of the General Terms and Conditions
The content of the resulting contract - in addition to the provisions of the relevant binding legislation - is determined by these General Terms and Conditions (hereinafter: GTC) and additional information on the website. Accordingly, these Terms and Conditions contain the rights and obligations of you and us, the conditions for the conclusion of the contract, the performance deadlines, the delivery and payment conditions, the liability rules, and the conditions for exercising the right of withdrawal.
Before finalizing your order, you must familiarize yourself with the provisions of these GTC. By purchasing through our online store, you accept the provisions of these Terms and Conditions, and the Terms and Conditions are fully part of the contract between you and the Seller.
The Seller is entitled to change the provisions of these GTC within the framework of the relevant legislation. Please read the provisions of the General Terms and Conditions before each purchase! Any modification of the General Terms and Conditions is valid from the time it is published on the website. Any changes will not affect the contracts already established (confirmed orders).
Prices are in forints. The gross prices displayed in the store include 0% VAT. We reserve the right to change prices.
Our prices are list prices valid at the time of the order, which are gross prices and include VAT, but these prices do not include delivery costs. The shipping cost can be found during the checkout process before finalizing the order. If there is an error or deficiency in the products or prices in the online store, we reserve the right to correct them. In such a case, we will inform you of the new data immediately after the error has been detected or modified. After that, the order can be confirmed once again or you can withdraw from the contract.
If, despite all our care, an incorrect price has been added to the online store, especially the obviously incorrect one, e.g. for a price of HUF "0" or HUF "1" that is significantly different from the generally accepted or estimated price of the product, possibly due to a technical error, then we are not obliged to deliver the product at the incorrect price, but offer delivery at the correct price, or the customer may withdraw his intention to purchase.
4. Complaint handling and legal enforcement options
The consumer can submit consumer objections related to the product or the Seller's activities at the following contact details:
The Seller must endeavor to carry out the repair or replacement within fifteen days at most. If the consumer does not agree with the handling of the complaint, or the investigation of the complaint is not possible, the Seller will immediately record the complaint and its position on it, and hand over a copy of it to the consumer or send it by email. The Seller takes a record of the consumer's reported claim and accepts the product certified by a receipt in the event of a warranty problem.
If any consumer dispute between the Seller and the consumer is not settled during the negotiations, the following legal enforcement options are open to the consumer:
You can file a complaint with the national consumer protection authority http://fogyasztovedelem.kormany.hu . If the consumer detects a violation of his consumer rights, he is entitled to file a complaint with the national consumer protection authority competent for his place of residence. After evaluating the complaint, the authority decides on the conduct of the consumer protection procedure. The first-level official tasks for consumer protection are carried out by the competent district offices according to the consumer's place of residence.
In addition, the customer is entitled to assert his claim arising from a consumer dispute before the court in civil proceedings pursuant to Act V of 2013 on the Civil Code and Act III of 1952 on the Code of Civil Procedure. according to the provisions of the law, or you can choose alternative dispute resolution.
We inform you that you can file a consumer complaint against us. If we reject your consumer complaint, you are also entitled to contact the Conciliation Board, which is competent according to your place of residence or residence: the condition for initiating the proceedings of the conciliation board is that the consumer directly attempts to settle the dispute with the concerned business. Based on the consumer's request, the conciliation body specified in the consumer's request is responsible for the procedure instead of the competent body. The company has an obligation to cooperate in the conciliation board procedure. Within this framework, the companies are obliged to send a response to the invitation of the conciliation body , and the obligation to appear before the conciliation body is also recorded as an obligation . The conciliation board is responsible for settling consumer disputes outside of court proceedings. The task of the conciliation board is to attempt to reach an agreement between the parties for the purpose of settling the consumer dispute, and in the event of this being unsuccessful, it makes a decision on the matter in order to ensure simple, fast, efficient and cost-saving enforcement of consumer rights. At the request of the consumer or the business, the conciliation body provides advice on the rights of the consumer and the obligations of the consumer. The procedure of the conciliation board starts at the consumer's request. The request must be submitted in writing to the chairman of the conciliation board: the written requirement can be fulfilled by letter, telegram, teletypewriter or fax, as well as by any other means that enables the addressee to store the data addressed to him permanently for a period appropriate to the purpose of the data , and displaying the stored data in unchanged form and content.
The application must include
1) the consumer's name, place of residence or location,
2) the name, registered office or site of the business affected by the consumer dispute,
3) if the consumer disputes the jurisdiction, he can initiate the designation of the requested body instead of the competent conciliation body,
4) a brief description of the consumer's position, the facts supporting it and their evidence,
5) the consumer's statement that the consumer directly attempted to settle the disputed matter with the concerned enterprise
6) in view of the consumer's statement that he did not initiate the procedure of another conciliation body in the case, no mediation procedure was initiated, no statement of claim was submitted, and no request for the issuance of a payment order was submitted,
7) motion for the board's decision,
8) the consumer's signature.
9) The document or its copy (extract) whose content the consumer refers to as evidence must be attached to the application, so in particular the written statement of the company on the rejection of the complaint, or, in the absence of this, other written evidence available to the consumer about the attempted negotiation.
The contact details of the Conciliation Boards can be found on the website http://www.fogyasztovedelem.kormany.hu .
LXXVI of 1999 on copyright. Act (hereinafter: Szt.) § 1 (1), the website is considered a copyrighted work, so all parts of it are protected by copyright. The Szt. On the basis of Section 16 (1), the unauthorized use of graphics and software solutions, computer programs on the website, as well as the use of any application that can be used to modify the website or any part of it, is prohibited. Any material from the website and its database may be taken, even with the written consent of the right holder, only by referring to the website and indicating the source. Copyright owner: Burst Maria
6. Partial invalidity, code of conduct
If any clause of the General Terms and Conditions is legally incomplete or invalid, the other clauses of the contract will remain in force and the applicable provisions of the Civil Code will apply instead of the invalid or incorrect part.
The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices against Consumers.
7. Operation of digital data content, technical protection measures
The availability of the servers providing the data displayed on the website is over 99.9% per year. The entire data content is regularly backed up, so in the event of a problem, the original data content can be restored. The data displayed on the website are stored in MSSQL and MySQL databases. Sensitive data is stored with an appropriate level of encryption, and hardware support built into the processor is used to encode it.
8. Information on the essential properties of the products
On the website, we provide information about the essential properties of the products that can be purchased in the descriptions of each product. The data on the product page are informative. The images are sometimes illustrations, the colors do not always correspond to reality. The images are copyrighted.
9. Correction of data entry errors - Responsibility for the veracity of the data provided
During the ordering process, before finalizing the order, you can change the data you entered at any time (clicking the back button in the browser opens the previous page, so the entered data can be corrected even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provided. With your order, you acknowledge that the Seller is entitled to charge you for all damages and costs resulting from your incorrect data entry and inaccurate data. The Seller excludes responsibility for performance based on inaccurate data entry. We also draw your attention to the fact that an incorrectly entered e-mail address or the saturation of the storage space belonging to the mailbox may result in the lack of delivery of the confirmation and prevent the conclusion of the contract.
10. Use of the website
10.1. Product selection
10.2. Sending the order
10.3. Processing orders
10.4. Possibility to correct data entry errors
10.6. Payment Terms
10.7. Payment methods: GLS or Foxpost home delivery in the evening, bank transfer upon ordering or cash payment to the courier upon receipt of the package.
Delivery methods: Our packages are delivered by the GLS courier service.
Delivery time: GLS 2-3 working days.
12. Delivery fees under HUF 17,000 HUF 990, over HUF 17,000 free.
13. Returning the product
We will only take back the product in its original condition and packaging, in perfect quantity and quality.
14. Information on the conditions of concluding a contract
The language of the contract is Hungarian, and the concluded contract is considered to be concluded in writing. We do not file the concluded contract, it will not be accessible afterwards.
15. Right of withdrawal/ Refund guarantee
The Customer may withdraw from the contract within 14 days without reason, and may exercise the right of withdrawal from the day on which he received the goods. The entrepreneur is obliged to refund the amount paid immediately, but no later than 14 days after the cancellation, in the manner desired by the customer. Due to the exercise of the right of withdrawal, the costs incurred in connection with the return of the goods shall be borne by the customer, and no other costs shall be borne by him. 45/2014 on the detailed rules of the contract between the consumer and the company . (II.26.) It can be established based on a government decree .
The right of withdrawal means that you unilaterally withdraw from the contract concluded on the Internet (remotely) on the basis of legal authorization and, in case of returning the product, demand a refund of the amount you have paid. The right of withdrawal compensates for the fact that you did not have the opportunity to examine, test or put the product into operation before purchasing. You have the right to withdraw from the contract without giving reasons within 14 days. You exercise your right of withdrawal/termination within the deadline if you send your withdrawal/termination statement before the deadline.
16. When can we not exercise the right of withdrawal after receiving the product?
These cases are also covered by Act No. 45/2014 on the detailed rules of contracts between the consumer and the business. (II.26.) Listed by government decree . Among these, the Company specifically emphasizes that the Consumer is not entitled to such a right of withdrawal:
§ Regarding a product whose price cannot be influenced by the company,
§ With regard to a product with closed packaging, which cannot be returned after being opened after delivery for reasons of health protection or hygiene,
§ With regard to a product which, due to its nature, is inseparably mixed with another product after delivery.
17. Indication of intent to withdraw/terminate
If you wish to exercise your right of withdrawal/termination, you must send a clear statement containing your intention to withdraw/terminate (You can also use this sample for this purpose: Declaration of withdrawal - for products ordered online ) (e.g. a letter sent by post or electronically - e-mail - via) to the following address: 2143 Kistarcsa, Késmárki u. 34, Burst Maria
18. Sample declaration for withdrawal
Addressee: Mária Burst
(address: 2143.Kistarcsa, Késmárki u.34 , e-mail: firstname.lastname@example.org)
I/we, the undersigned, declare that I/we exercise my/our right of withdrawal/termination with respect to the contract for the sale of the following product(s) or the provision of the following service:
Date of conclusion of the contract / date of receipt: ………………………………………………………………
Name of the consumer(s): ……………………………………………………………………………………
Address of the consumer(s): ……………………………………………………………………………………
Please return the purchase price to the following bank account number (fill in if you request the purchase price back by bank transfer): …………………………………………………………………………………… ………………………………………………………………………………………………
Signature of the consumer(s): (only in the case of a statement made on paper)
19. Finalization of the order (making an offer)
If you are convinced that the contents of the basket correspond to the products you want to order, and that your information is correct, you can complete your order by clicking the "Order" button. The information provided on the website does not constitute an offer to conclude a contract on the part of the Seller. In the case of orders falling within the scope of these GTC, you are considered to be the offeror, and the contract is established by the Seller's acceptance of the offer made by you via the website in accordance with the provisions of these GTC
By pressing the "Order" button, you expressly acknowledge that your offer must be considered as made, and that your statement - in the event of confirmation by the Seller in accordance with these GTC - entails a payment obligation.
20. Order processing, conclusion of the contract
You are bound by your offer for a period of 2 working days. If your offer is not confirmed by the Seller within 2 working days according to these general terms and conditions, you will be released from your obligation to make an offer. You can place your order at any time. The Seller will confirm your offer by e-mail no later than on the working day following the sending of your offer. The contract is established by the Seller's acceptance of the offer made by you.
21. Deadline for performance
Regarding the order, the general delivery deadline is a maximum of 30 days from the confirmation of the order. This delivery deadline is informative, deviations from it will be indicated by e-mail in all cases. By accepting these general terms and conditions, you acknowledge that the Seller expressly excludes any liability for compensation due to exceeding the specified delivery time.
22. Reservation of rights, ownership clause
Some products on our website may have been discontinued. In view of this, we reserve the right to partially or completely reject orders that have already been confirmed. Partial fulfillment can only take place after consultation with you. If the purchase price of the product is settled in advance, the amount will be returned to you within 5 working days.
Parties: Seller and Buyer together
Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity
Consumer contract: a contract, one of whose subjects is considered a consumer
Website: a tool enabling communication between people who are absent
Contract: A sales contract created between the Seller and the Buyer using the Website and electronic correspondence
Device enabling communication between absent parties: a device that is suitable for making a contract statement in the absence of the parties - in order to conclude a contract. Such a device is, in particular, an addressed or unaddressed form, a standard letter, an advertisement published in a press product with an order form, a catalog, a telephone, a fax machine and a device providing Internet access.
Absentee contract: a consumer contract that is concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized to provide the product or service in accordance with the contract, in such a way that, in order to conclude the contract, the contracting parties use a device that enables communication between absent parties only
Product: all movable movable things that can be taken into possession, which are included in the offer of the Website, put into circulation on the Website and intended for sale, and which are the subject of the Contract
Business: a person acting in the scope of his profession, independent occupation or business activity
Buyer/You: person entering into a contract making a purchase offer via the Website
Warranty : In the case of contracts concluded between the consumer and the company (hereinafter: consumer contract), according to Act V of 2013, i.e. the Civil Code,
a) the guarantee undertaken for the performance of the contract, which the company undertakes voluntarily in addition to or in the absence of its legal obligation for the proper performance of the contract, and
b) the mandatory warranty based on legislation
24. Information on data management, name and contact details of the Data Controller
Name of the data controller: Burst Maria (hereinafter: Data Controller)
The data controller's mailing address is: 34 Késmárki u. 2143 Kistarcsa.
The e-mail address of the data controller is: email@example.com
The telephone number of the data controller is: 0620-662-9148
25. Legal background and legal basis of data management
The background of data management is the CXII of 2011 on the right to self-determination of information and freedom of information. Act (Infotv.) and the provisions of Act C of 2000 on accounting (Act.). The legal basis for data management is Infotv. In accordance with Section 5 (1) point a) of your consent, as well as - in case of withdrawal of your consent - Infotv. Pursuant to point a) of § 6, paragraph (5), the fulfillment of the legal obligation imposed on the Data Controller, set forth in the Sztv.
26. Purpose of data management
Issuing an invoice in accordance with the legislation and fulfilling the obligation to keep accounting records. The Sztv. Pursuant to § 169, paragraphs (1)-(2), economic companies must keep the accounting documents directly and indirectly supporting the accounting.
27. Scope of processed data
Name, address, e-mail address, telephone number.
28. Duration of data management
The invoices issued by Sztv. Based on § 169, paragraph (2), it must be kept for 8 years from the date of issue of the invoice. We would like to inform you that if you withdraw your consent to the issuance of the invoice, the Data Controller, Infotv. Based on point a) of § 6, paragraph (5), you are entitled to keep your personal data obtained during the issuance of the invoice for 8 years.
29. Data management related to the delivery of goods
29.1. Legal background and legal basis of data management:
The background of data management is the CXII of 2011 on the right to self-determination of information and freedom of information. are the provisions of the Act (Infotv.). The legal basis for data management is Infotv. Your consent in accordance with Section 5 (1) point a).
29.2. Purpose of data management
In the case of goods delivery, the purpose of data management is to deliver the ordered goods to you in accordance with your needs with the cooperation of our contractual partner.
29.3. Scope of managed data
Name, address, e-mail address, telephone number.
29.4. Duration of data management
The Data Controller manages the data until the delivery of the ordered goods.
30. Data management associated with registration
30.1 Legal background and legal basis of data management
The background of data management is the CXII of 2011 on the right to self-determination of information and freedom of information. Act (Infotv.) and Act V of 2013 on the Civil Code (Ptk.). The legal basis for data management is Infotv. Your consent in accordance with Section 5 (1) point a).
30.2. Purpose of data management
By storing the data entered during registration, the Data Controller can provide a more convenient service (e.g. the data subject does not have to be entered again when making a new purchase)
30.3. Scope of managed data
During data management, the Data Controller manages your name, address, telephone number, e-mail address, the characteristics of the purchased product and the date of purchase.
30.4. Duration of data management
Until you withdraw your consent.
31. Your rights during data processing
Within the period of data management, you are entitled to:
§ the right to information,
§ the right to correct the data,
§ the right to delete data,
§ the right to block data,
§ the right to protest.
Within the period of data management, you can request information from the Data Controller about the management of your personal data. The Data Controller will inform you in writing, in an understandable form, as soon as possible from the submission of the request, but no later than 25 days, about the processed data, the purpose, legal basis and duration of the data processing, and - if the data has also been forwarded - about who and for what purpose receive or have received the data.
Within the period of data management, you can request that the Data Controller correct your personal data. The Data Controller will comply with your request within 15 days at the latest.
You have the option to request the deletion of your personal data, which the Data Controller will comply with within 15 days at the latest. The right to deletion does not extend to the case where the Data Controller is obliged by law to continue storing the data, or in the event that Infotv. In accordance with Section 6 (5), the Data Controller is entitled to further process personal data (for example, in connection with invoicing).
You can request that the Data Controller block the personal data if the permanent deletion of the data would harm the legitimate interests of the data subject. The personal data locked in this way can only be processed as long as the purpose that precluded the deletion of the personal data exists.
You can object to the processing of your personal data,
§ if the processing or forwarding of personal data is necessary solely for the fulfillment of a legal obligation for the Data Controller or for the enforcement of the legitimate interests of the Data Controller, data receiver or third party, except in the case of mandatory data processing and Infotv. in the case provided for in paragraph (5) of § 6;
§ if personal data is used or forwarded - without your consent - for the purpose of direct business acquisition, public opinion polls or scientific research.
The Data Controller examines the objection as soon as possible, but no later than 15 days after the submission of the request, makes a decision on its merits, and informs you of its decision in writing. If the data controller does not comply with the data subject's request for rectification, blocking or deletion, within 25 days of receiving the request, it shall communicate the factual and legal reasons for rejecting the request for correction, blocking or deletion in writing or with the consent of the data subject electronically.
If, in your opinion, the Data Controller has violated a legal provision regarding data management or has not fulfilled any of your requests, you can initiate the investigation procedure of the National Data Protection and Freedom of Information Authority (address: 1530 Budapest, Pf.: 5., e- email: firstname.lastname@example.org).
We would also like to inform you that in the event of a violation of the legal provisions on data management, or if the Data Controller has not fulfilled any of your requests, you may apply to the Court against the Data Controller.
32.1. What is a cookie?
The Data Controller uses so-called cookies when visiting the website. The cookie is an information package consisting of letters and numbers that our website sends to your browser with the aim of saving certain settings, facilitating the use of our website and helping us to collect some relevant, statistical information about our visitors. Cookies do not contain personal information and are not suitable for identifying an individual user. Cookies often contain a unique identifier - a secret, randomly generated number - stored on your device. Some cookies are deleted after closing the website, and some are stored on your computer for a longer period of time.
32.2. Legal background and legal basis of cookies
The background of data management is the CXII of 2011 on the right to self-determination of information and freedom of information. Act (Infotv.) and CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. are the provisions of the law. The legal basis for data management is Infotv. Your consent in accordance with Section 5 (1) point a).
33. Other provisions
Shopping on the Website presupposes the Buyer's knowledge of the technical and technical limitations of the Internet and acceptance of the potential for errors associated with technology.
The Operator is not responsible for any damage caused by connecting to the Website. The Buyer is responsible for protecting his computer and the data on it.
The Operator is entitled to unilaterally modify the terms of these General Terms and Conditions at any time. The possible modification will enter into force at the same time as it appears on the Website.
The online store cannot be held responsible under any circumstances in case of force majeure or in connection with any event beyond its control. The online store is free to file a lawsuit against any person , who commits or attempts to commit fraud. However, the kisbuddhabolt.hu web store cannot be held responsible for any fraud committed by a third party at the expense of a participant.
The products sold in the online store may cause allergic reactions for those who are sensitive to them. Our products are not suitable for human or animal consumption!
Do not give the products to children!
It is forbidden to pull the speakers over the heads of people or animals!
It is forbidden to put the products in the microwave!