General Terms and Conditions
for purchases from the cap-cap-bolt.hu webshop Date of entry into force: 09.04.2013.

General Terms and Conditions of Use

 

The present General Terms and Conditions (hereinafter referred to as “GTC”) are Barett Budapest Limited Liability Company (registered office: 4032 Debrecen, Csapó utca 18. fszt.1. nr.; Cg.: 09-09-010698, tax number: 13284873-2-09 Seller/Service provider; (hereinafter referred to as: For sale) and the person who buys the product sold by it by electronic commerce (webshop) Buyer/Consumer (hereinafter referred to as: Buyer) rights and obligations, the legal conditions of the purchase (For sale and Buyer hereinafter collectively referred to as: Parties).

Please, if you have www.sapka-kalap-bolt.hu to use the services offered on our website, please read our Terms and Conditions and only use our services if you understand, acknowledge and agree to be bound by all of its provisions.

1.1. Az Eladó adatai

A www.sapka-kalap-bolt.hu webshop and website operator:

Company name: Barett Budapest Korlátolt Felelősségű Társaság

Abbreviated company name: Barett Budapest kft
Office: 4024 Debrecen Csapó u 18. fszt 1
Postal address: 4024 Debrecen Csapó u 18. fszt 1

Company registration number: 09-09-010698
Representative name: Kotrás Bernadett

E-mail address: barettsapkakalap@gmail.com

Phone number: 0617875305

Name of the registering company court: the company court of the Debrecen General Court

Name of the financial institution holding the account: Takarékbank

Payment reference number: 60600084-10046388

Storage space provider:
Name: Idea-NET Solutions Kft. 4225 Debrecen, Telek u. 60.
Head office: 4225 Debrecen, Teleki u. 60.
E-mail: info@ideanet.hu
Company registration number: 09-09-022526
Tax identification number: 23796100-2-09
Name of the registering court: the Court of Registration of the Debrecen General Court

1.2. Fogalmak

Seller/Service Provider: the operator of the online shop, which is the legal person as defined in point 1.1 providing the service of selling the goods offered in the online shop

Buyer/Consumer: the natural or legal person or unincorporated organisation that enters into a sales contract with the online store

Parties: the contracting parties to the contract of sale, the Seller and the Buyer, collectively

Sales contract: contract between the parties for the transfer of ownership of the goods selected by the Buyer from the range of goods offered by the online shop

Goods: the product offered for sale by the Seller in the online store

Purchase Price: the gross price, including VAT, at which the Seller offers the Goods for sale

Delivery: the delivery of the goods covered by the sales contract to the address indicated by the Buyer and handing them over to the Buyer (or his agent)

Supplier: courier service or postal carrier contracted with the Seller

Delivery charge: the amount payable in addition to the purchase price for the delivery of the goods

Webshop: a service provided electronically to remote customers for a fee, to which the recipient of the service has individual access

1.3. A webáruház általános bemutatása

A purchase in the online shop constitutes a contract of sale between the Seller and the Buyer.

The purchase in the online shop is subject to the Customer’s binding acceptance of these General Terms and Conditions of Use, which he/she declares during the ordering process.

In the case of a purchase in the online store, the Customer makes an offer to purchase as described in these General Terms and Conditions of Use, upon ordering, the confirmation of which creates a sales contract between the Seller and the Customer. The contract concluded shall not constitute a written contract and shall be concluded by a legal declaration made by electronic means. The Seller shall keep an electronic record of the contract by its number until the last day of the 6th calendar year following the date of purchase. The date of purchase is the date of confirmation of the order.

The language of electronic contracting is Hungarian.

The electronic contract between the Parties is not considered a written contract and will not be filed and will not be available in print.

The contract is governed by Hungarian law.

1. How to conclude an electronic contract (purchase)

2.1. Az áru bemutatása, árak, akciós termékek

In the online shop, all goods are presented with a picture and a description, making it easier for the customer to choose and decide to buy. However, please note that the images on the site are for illustrative purposes only and that the actual products may differ from those shown.

The prices on these pages include VAT.

The webshop reserves the right to change prices without prior notice. Our prices and products are subject to change and may be extended. In the event of price changes, goods already ordered will be delivered at the price at the time of order.

We sometimes offer promotions in the online store, each promotion is clearly indicated in the online store, with the products covered by the promotion and the relevant discounts. In the case of promotional goods, the promotion will always last until the date specified or while stocks last.

2.2. Az áru kiválasztása, a vásárlás menete

We aim to provide the widest possible information about the goods by clicking on their image and in their description to help the buyer make the best decision. The goods are selected by clicking on “Add to Cart”. It is then possible to select and add new goods to the basket, remove selected goods from the basket or finalise the purchase and place the order.

When the Buyer has completed the selection of goods, he/she must provide the necessary data for the purchase (name of the buyer, delivery address, e-mail address, telephone number).

The Seller may process the Buyer’s natural person identification data and address for the purposes of creating, defining the content of, amending, monitoring the performance of, invoicing the fees arising from and enforcing claims in connection with the contract. The relevant provisions are set out in the Seller’s Privacy Notice.

After providing the necessary information for the purchase, the Customer has the possibility to modify the order, remove goods, change the number of items or order new goods before finalizing the order. It is also possible to check and, if necessary, correct the customer data provided.

If the Customer finds his/her order and the data provided to be correct, he/she has finalised the order by placing it.

By ordering the goods, the Buyer commits to the offer, on the basis of which the Seller’s confirmation will establish the sales contract between the parties. The offer is binding until the confirmation of the order, but for a maximum of 48 hours.

2.3. Megrendelés visszaigazolása

The receipt of the order will be confirmed immediately by the online store by e-mail sent by the system. The online shop will confirm acceptance of the order within 48 hours at the latest by sending a separate e-mail to the e-mail address provided by the Customer, and the sales contract between the parties will be concluded. The confirmation shall include a list of the goods ordered and their price, the name and delivery address provided by the Buyer, the delivery cost and the order registration number. If the confirmation is not received within 48 hours, the Buyer shall be released from the obligation to submit an offer.

2.4. Szállítási díj

The Buyer will be duly informed of the delivery charge for the goods before the order is finalised, and the amount of the delivery charge will be indicated precisely on the invoice issued by the Seller, depending on the delivery method chosen by the Buyer.

The Buyer must pay the delivery charge together with the price of the goods, according to the payment method chosen. The invoice issued for the order will be sent electronically by the Buyer to the Seller at the email address provided at the time of ordering.

1. Payment

You can pay online in the online shop by bank transfer, cash on delivery, credit card or in person at the Seller’s shop with cash.

Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.

• Transfer to

The Buyer may pay the purchase price of the finalized order by bank transfer on the basis of the invoice issued by the Seller, until the payment deadline specified therein. The Seller shall only perform and deliver the goods to the Supplier after full payment of the purchase price.

The order number from the confirmation of acceptance of the order must be indicated in the transfer communication box. The Seller shall not be liable for any damages resulting from failure to do so or from incorrect indication of the order number, and the damages and additional costs shall be borne by the Buyer.

1.1.2. Utánvétel
The purchase price of an accepted order is payable in cash to the delivery agent at the time of receipt after delivery by post or courier.

1.2. Szállítás

The delivery of the Goods to the delivery address is carried out by the Supplier companies contracted with the Seller. GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. and the Hungarian Postal Service Zrt. (hereinafter referred to as Supplier). The delivery of the goods is subject to the terms of the delivery contract between the Seller and the Supplier.

The Seller shall notify the Buyer of the expected delivery date by separate e-mail or telephone when the goods are delivered to the Supplier.

Performance shall be effected by delivery by the Buyer to the delivery address and handover to the Buyer or its agent. The risk of damage shall pass to the Buyer upon delivery.

III. Right of withdrawal

3.1. Eladó elállási joga

If the Buyer fails to pay within the payment deadline indicated on the invoice (usually 8 calendar days), the Seller may withdraw from the contract.

The Seller shall also have the right to withdraw from the sales contract in the event that the price of the goods is incorrectly indicated and the Buyer has finalised his order at the incorrect price, or if an order for goods has been confirmed which are out of stock and the Seller is unable to obtain them within a reasonable period of time. In the event of cancellation, the Seller shall send the Buyer an e-mail notice of cancellation and the Seller’s customer service shall immediately contact the Buyer for the purpose of negotiating and, by agreement between the parties, amending the contract to replace the goods ordered with other goods or, if the Buyer does not accept this, returning to the Buyer’s account within 30 days any amount already paid by the Buyer by bank transfer.

3.2. A Vevő elállási joga

The Buyer has the right to withdraw from distance contracts without giving any reason within the period set out below on 45/2014 (II.26.) Government Decree.

The withdrawal period expires 14 days after the date on which the Buyer or a third party other than the carrier and indicated by the Buyer takes delivery of the goods. In the case of the supply of several products: it expires 14 days after the date on which the Customer or a third party other than the carrier and indicated by the Customer takes delivery of the last product.

If the Buyer wishes to exercise his right of withdrawal, a clear statement of its intention to withdraw must be sent (by post or by electronic mail) to Barett Budapest Kft 4024 Debrecen Csapó u 18. fszt 1 ; e-mail: barettsapkakalap@gmail.com

The Buyer’s Internet also on our website the model withdrawal form or submit another declaration clearly indicating your intention to withdraw. If the Buyer opts to do so, we will immediately acknowledge receipt of the withdrawal on a durable medium (e.g. by e-mail).

The Buyer exercises his right of withdrawal/cancellation within the time limit if he sends his notice of withdrawal before the expiry of the time limit indicated above.

Legal effects of withdrawal

If the Buyer withdraws from this contract, we will refund the amount paid for the goods without delay, but no later than 14 days after receipt of the notice of withdrawal. If the consumer exercises the right of withdrawal without giving reasons, he shall pay the costs of returning the goods, which the seller shall not be obliged to reimburse. The refund will be made by the same method of payment as that used for the original transaction, unless the Buyer expressly agrees to a different method of payment; no additional costs will be charged to the Buyer as a result of this method of refund.

We may withhold the refund until we have received the product and the original invoice confirming the purchase, or the Customer has provided proof that he has returned it, whichever is the earlier.

The Buyer must return or hand over the goods and the invoice evidencing the purchase to us without undue delay, but no later than 14 days after the date of the notice of withdrawal, together with the original invoice. The time limit shall be deemed to have been observed if you send us the goods and the invoice proving the purchase before the expiry of the 14-day time limit.

The direct cost of returning the product is borne by the Buyer.

The Buyer shall be liable for depreciation of the product only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the product.

The Buyer shall exercise his right of withdrawal in accordance with its intended purpose and without abusing this right. In the event of a withdrawal which constitutes an abuse, the Seller shall be released from the obligation to take back the goods and to reimburse the purchase price.

The Seller is obliged to refund the full purchase price to the Buyer only if the product is returned undamaged, unused and intact packaging. The Buyer shall be liable for any costs arising from damage to the packaging. The Seller shall not be liable for any goods lost during return. The Seller shall not be liable for any loss of goods.

IMPORTANT!

We inform the Customers that according to the Government Decree 45/2014 (II.26.), a consumer is defined as a person who is not a consumer in accordance with the Civil Code 8:1. 8.

“3. consumer: a natural person acting outside his or her trade, profession, self-employed activity or business;”

THE CASE OF CUSTOM-MADE PRODUCTS:

In the case where the product has been manufactured at the express request of the Customer, based on the Customer’s requirements, the Customer may not withdraw from the purchase (Government Decree 45/2014 (II.26.), § 29 (1) c.)

1. Contract amendment

Instead of exercising their right of withdrawal, the parties have the possibility to modify the contract by mutual agreement by e-mail.

The buyer may request in writing to modify the contract and exchange the goods. The Seller is not obliged to accept the request for exchange. If an exchange is agreed between the Parties, the costs of delivery and return shall be borne by the Buyer.

The seller may request a modification of the contract if the goods ordered are out of stock and he wishes to replace them with other goods. The Buyer must accept this in writing (by electronic mail).

1. Warranty and guarantee
2. Accessories warranty

In the event of defective performance by the Seller, the Buyer may assert a claim against the company for ancillary liability in accordance with the rules of the Civil Code.

The buyer may, at his option, make the following warranty claims:

It may request a repair or replacement, unless the remedy of its choice would be impossible or would involve disproportionate additional costs for the Seller compared to the remedy of its other remedy. If the repair or replacement was not or could not be requested, the Buyer may request a proportionate reduction of the price or the Buyer may have the defect repaired or replaced at the Seller’s expense or, in the last resort, may withdraw from the contract.

The Buyer may transfer from one warranty right to another, but the cost of such transfer shall be borne by the Buyer, unless it was justified or the Seller gave a reason for it.

The Buyer shall notify the Supplier of the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, he may no longer assert his rights to claim for defects beyond the two-year limitation period from the date of performance of the contract.

The Buyer may enforce his warranty claim against the Seller.

Within six months from the date of performance, no other condition is required for the enforcement of the warranty claim other than the notification of the defect, if the Buyer proves that the goods or services were provided by the Seller. However, after six months from the date of performance, the Buyer must prove that the defect which he has discovered existed at the time of performance.

2. Product Warranty

In the event of a defect in a movable item (product), the Customer may, at its option, exercise its right under clause 1 or claim under the product warranty.

As a product warranty claim, the Customer may only request the repair or replacement of the defective product.

A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

The Buyer has two years from the date the product was placed on the market by the manufacturer to assert his warranty claim. Once this period has expired, he loses this right.

The buyer may only exercise his right to claim under the product warranty against the manufacturer or distributor of the movable item.

In the event of a product warranty claim, the Customer must prove that the product is defective.

In which cases 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:
– manufactured or marketed the product for purposes other than its business, or
– the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
– the defect in the product results from the application of a legal or regulatory requirement.
The manufacturer (distributor) only needs to prove one reason for exemption.

The Seller draws the Buyer’s attention to the fact that the Buyer may not assert a warranty claim and a product warranty claim for the same defect at the same time.

However, if your product warranty claim is successful, you can enforce your warranty claim against the manufacturer for the replaced product or repaired part.

3. Good standing

Legislation provides for a mandatory guarantee for certain consumer durables (e.g. technical goods). For products for which a legal guarantee is required, please consult the product description for more information.

The warranty period is one year.

The Seller shall be released from its warranty obligation only if it proves that the cause of the defect arose after performance.

For the same defect, you can make a warranty and guarantee claim or a product warranty and guarantee claim for
the Buyer may not assert a warranty claim at the same time and in parallel, otherwise the rights arising from the warranty shall be independent of the rights set out in points 1 and 2.

1. Complaints handling

Customer Complaint Handling:

Consumer complaints or other comments and complaints from the Customer may be addressed to the barettsapkakalap@gmail.com e-mail address or by post to Barett kft Debrecen 4024 Csapó u 19 fsz 1.

The procedure for handling Customer complaints is set out in the 19/2014. NGM rendelet rules apply.

The Seller shall investigate the complaint without delay, but no later than 5 working days after the report and remedy it as necessary. If the Buyer does not agree with the handling of the complaint or if it is not possible to investigate the complaint within the above time limit, the Seller shall immediately make a record of the complaint and its position and send a copy of the record to the Buyer within 30 days at the latest, together with the substantive response, in accordance with the requirements for a response to a written complaint. In all other respects, it shall act on the written complaint as set out below. The Seller shall, unless otherwise provided for in a directly applicable legal act of the European Union, reply to the written complaint in writing within 30 days of receipt and shall take steps to communicate the reply. A shorter time limit may be laid down by law, a longer time limit by statute. The Seller shall state the reasons for rejecting the complaint. Oral complaints communicated by telephone or by electronic communication services must be given a unique identification number by the undertaking.

The record of the complaint must include the following:

• name and address of the Buyer,
• where, when and how the complaint was lodged,
• a detailed description of the Buyer’s complaint, a list of documents, records and other evidence presented by the Buyer,
• a statement by the company of its position on the Buyer’s complaint, if an immediate investigation of the complaint is possible,
• the signature of the person who took the report and, except in the case of an oral complaint made by telephone or other electronic communication service, the signature of the consumer,
• the place and time of recording of the minutes,

The Seller must keep the record of the complaint and a copy of the reply for five years and present it to the inspection authorities at their request.

If the complaint is rejected, the Seller shall inform the Buyer in writing of the authority or conciliation body to which the complaint may be submitted, depending on its nature. The information shall also include the seat, telephone and Internet contact details and postal address of the competent authority or conciliation body in the place where the Buyer resides or is staying. The information shall also indicate whether the business will use the conciliation body to settle the consumer dispute.

In the event of a consumer dispute, the Consumer may refer the dispute to the following conciliation body competent for the place of establishment of the business:

The Conciliation Board of the Hajdú-Bihar County Chamber of Commerce and Industry is located at 4025 Debrecen, Vörösmarty utca 13-15.
E-mail address: bekelteto@hbkik.hu

Fax: +36/52/500-720

Tel: +36/52/500-710, +36/52/500-720

The complaint can be submitted through the EU’s online dispute resolution platform (“ODR platform”).
The ODR platform allows consumers and traders in the EU to try to settle complaints about online shopping out of court. This user-friendly and interactive website is available in all official EU languages and is free to use. Using the ODR platform, the Buyer and the trader can agree on a dispute resolution body and then go through a process to find a solution to the Buyer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.

For more information on out-of-court redress for consumer customers, please contact:

• Conciliation Board procedure: https://fogyasztovedelem.kormany.hu/#/bekelteto_testuletek
• Initiation of a consumer protection authority procedure: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
• European Consumer Centre: https://fogyasztovedelem.kormany.hu/#/europai_fogyasztoi_kozpont.

Court proceedings.

The Consumer shall be entitled to enforce his/her claim arising from the consumer dispute before the court in civil proceedings in accordance with the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

VII. Subscribe to the newsletter

Visitors to the online store have the option to subscribe to the Seller’s newsletter by providing their name and email address.

The Seller sends regular information about the goods and services sold by the Seller to the Customers subscribed to the newsletter.

The processing of the personal data provided during the subscription process is handled by the Seller under the terms and conditions set out in the Privacy Statement.

The Customer may at any time request to stop sending newsletters to him/her, by using the unsubscribe option provided in the newsletters. In this case, the Seller will remove the Buyer’s name and e-mail address from the list and will no longer send him/her newsletters.

VIII. Law applicable to the contract, dispute settlement

The contract of sale concluded between the Parties shall be governed by Hungarian law.

The Parties shall endeavour to resolve any dispute arising out of the contract amicably by conciliation between themselves.

The Buyer may refer the matter to the conciliation body competent for the Seller’s place of establishment, as already indicated above, or use the online dispute resolution platform also indicated in detail above. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show

If the dispute cannot be settled out of court, the Parties stipulate the exclusive jurisdiction of the court having jurisdiction over the matter at the Seller’s place of establishment.

1. Scope of these GTC, final provisions

The scope of the GTC applies to the Seller and the Buyer. The scope of the GTC does not cover the financial institution making the payment and the Supplier.

The legal relationship between the Seller and the Buyer is established when the Buyer has finalised his order, or in the context of which the Buyer accepts these GTC of the Service, and the Seller has confirmed the order to the Buyer electronically.

Date of entry into force of the current text of the GTC: 09/04/2013.

The GTC are also available in a format that the Customer can save and print.

The GTC are for an indefinite period.

In the event of a change to the GTC, the provisions of the GTC in force on the date of the order shall apply to orders in progress.