GENERAL TERMS AND CONDITIONS OF CONTRACT (GTC)
The aim of these General Terms and Conditions of Contract (hereinafter: GTC) is to regulate the rights and obligations of the Buyer using the commercial services obtained on the website www.rebeccaswimwear.com (hereinafter as Buyer) and REBECCA Finomkerámiai és Textilruhakészítő Korlátolt Felelősségű Társaság (hereinafter as Company, together as Parties).
1. Details of the Company
Name: REBECCA Finomkerámiai és Textilruhakészítő Korlátolt Felelősségű Társaság
Seat: H-1037 Budapest, Bécsi út 267.
Tax No: 10441570-2-41
Company Registration No: 01 09 071533
Phone: +361 436 02 26
E-mail: [email protected]
2. General provisions
2.1. The scope of this present GTC covers all electronic commercial services provided by the website www.rebeccaswimwear.com. The purchase on the website is governed in addition to this present GTC by the Act CVIII of 2001 on certain issues of electronic commerce services and information society services (Electronic Commerce Act), the Government Decree 45/2014 on the detailed rules of contracts concluded between consumers and traders, further the Act V of 2013 on the Civil Code (Civil Code).
The Buyer takes note that the website contains the necessary information in English. The Company hereby draws the attention to the fact that for the order from the site the knowledge of the English language is required, only English-speaking buyers shall use it. Should the Buyer does not understand the text published in English, thus the Buyer is entitled to ask for the product description and the contract information in Hungarian by e-mail: [email protected]
2.2. The Buyer can register by click the „Registration” menu on the site www.rebeccaswimwear.com with e-mail address and password, and subsequently the Buyer may start the shopping by click the „Log in” menu with his/her already registered e-mail address and password. The Buyer may change his/her data he/she provided during the registration after login by click the „My Account” link. The Company shall not be responsible for any defects and damages resulting from the change of the Buyer’s data, loss of password, those recognition by third parties and for late delivery, any other problems and defects resulting from the Buyer’s wrong or imprecise supplying of data during the registration. Should the Buyer lose his/her password or the password passes into unauthorised hands, thus the Buyer shall be obliged to report the fact thereof by sending an E-mail to [email protected], further to block the password or change it by click the „log in” menu and choose the „forgot your password” option. The Buyer may shop on the website without registration, it this case after putting the selected item into the cart, the payment will be possible after giving the delivery address and
the billing address and the mode thereof was selected.
2.3. The prices indicated on the website are only for information purposes and do not constitute part of a binding offer, the contract will be concluded after confirmation of the order and the payment is done.
2.4. Contacts of the Company’s support service:
Address: H-1037 Budapest, Bécsi út 267., Hungary
Open: Monday to Friday 08:AM – 16:30 PM. (Greenwich+1)
3. Products, prices, delivery
3.1. The Buyer will be informed about the essential characteristics and features of the products that are available on the on the site of the specific item, the instructions for use and the operator’s manual will be sent together with the product. For inaccuracies of the descriptions the Company shall not be liable. The pictures indicated on the information site of the specific items may be illustrations. The Buyer shall start the use of the product only after a detailed reading of the instructions for use and the manual, for damages resulting from the breach of this section the Company shall not be liable.
3.2. The prices indicated on the website are always gross prices and include the packaging costs, but do not include the costs of delivery. The indicated prices do not constitute part of a direct offer. The Company does not cooperate in the reimbursement of VAT.
3.3. The Buyer can place an order after putting the selected item(s) into the virtual cart and click the „Pay” button. Afterwards the Buyer finalises the order by click the „Pay” button and the online payment via the PayPal system. The time of the order is the time of payment. About the receipt of the order a verification mail will be sent by the Company. The verification email does not mean the acceptance of the Buyer’s offer and shall only be considered as confirmation of the receipt of the order but is not the strengthening of the order or a contractual declaration and does not mean that the selected product is on stock.
3.4. The putting of the selected product into the personal virtual cart of the Buyer shall not be considered as a contractual offer, call for proposal or as an order.
3.5. The Company confirm the order in E-mail within 2 working days (excluding public holidays and non-working days) from the receipt of the order at the latest and informs the Buyer about the expected delivery day of the product. The lack of the confirmation or verification email shall not be considered equivalent to a tacit confirmation of the offer. Together with the confirmation the contract is concluded. In case the ordered product is not available, the contract is not included.
3.6. The Buyer can pay the price of the product and the delivery costs with PayPal directly during the sending of the order, or within eight days. The delivery costs shall be paid by the Buyer.
3.7. The Company informs the Buyer about the expected reception/delivery date of the product(s) on the information site of the product, and/or in the confirmation email. The products will be delivered by Fedex at the Buyer’s risk. The information about the expected delivery time of product(s) is available on the site.
4. Right of withdrawal
The Buyer, according to the Government Decree 45/2014 (II.26.) is entitled to withdraw from the contract concluded between the Parties without giving any reasons within 14 days after
– the receipt of the product;
– in the case of purchasing of several products and the products were handed over at different times, the receipt of the last product;
– in the case of products composed of several items or pieces, the receipt of the last item or piece;
– in the case of products to be delivered regularly within a definite period, the first delivery
taken by the Buyer or a third person, different from the transporter, appointed/named by the Buyer.
If the Buyer wishes to exercise his/her right of withdrawal, a clear/unambiguous statement of his/her intention to withdraw from the contract must be sent to the Company’s support service. The Buyer may use the declaration form included in Annex 2 attached to the Government Decree 45/2014 (II.26.).
The Buyer has the right to exercise the right to withdraw from the contract in the period between the date of concluding the contract and the date of delivery of the product.
4.2. The Buyer is not entitled to the right of withdrawal in the cases listed in Article 29 of the Government Decree 45/2014 (II.26.), thus especially
– in the case of a non-prefabricated product that has been manufactured on the basis of the Buyer’s request or explicit instructions, or for a product that has been customized expressively for the Buyer;
– in the case of a product in sealed packaging that due to healthprotection or hygiene reasons cannot be sent back after it has been opened after the delivery, including especially but not exclusively: the removal of the special hygiene protective cover of underwear;
– in the case of supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery by the Buyer.
4.3. While exercising the right of withdrawal the Buyer is obliged to act with good faith, to use the right of withdrawal for its intended purpose. This exercise of rights cannot lead to abuse of rights on behalf of the Buyer (Civil Code Article 1:5.)
In the case of withdrawal, the Buyer is required to send back the ordered product, without delay but within fourteen days from the date of notification of the withdrawal statement or return it to the Company or the person authorised by the Company for takeover. The deadline is considered to have been observed if the Buyer sends the product before the expiry of the 14-day deadline. The cost of returning the product burdens the Buyer. The Buyer shall not be entitled to send back the ordered product as postal matter or collect package. The Company shall be entitled to withhold the amount to be recovered until the return of the product, or the evidence thereof.
4.4. If the Consumer withdraws from the contract, the Company refunds all compensation paid by the Buyer as purchase price immediately, but at the latest within 14 (fourteen) days from the day on which the Company first became aware of the exercise of the right withdrawal if the Company received the product or the Buyer has demonstrated credibly that he/she has returned it. During the refund, the Provider will use a payment method identical to that of the one used in the original transaction.
5. Guarantee, product warranties, liability for defects (product guarantee)
5.1. In connection with its products the Company offer a guarantee for a period of 6 months from the delivery. During the six-month guarantee period, the Company will only be exempt from the guarantee if it proves that the product defect arose after its delivery to the Buyer.
The guarantee claim may be enforced within the guarantee deadline. Should the Company upon the request of the Buyer not fulfil its obligation within appropriate timeframes, thus the guarantee claim can be enforced before the court within a period of three months from the Buyer’s request even if the six-month guarantee period is over. This deadline shall apply with prejudice, i.e. no guarantee claim can be enforced afterwards.
5.2. The Buyer may make a warranty claim against the Company in the case of lack of conformity according to the provisions of the Civil Code (product warranty).
a) optionally, may require a repair or a replacement unless the Buyer’s requirement would be impossible or of disproportionate cost for the Company compared to fulfilling other needs of the Buyer, taking into account the value the product would have had if there been no lack of conformity, the significance of the non-performance, and the harm caused to the Buyer upon compliance with the warranty right; or
b) ask for a commensurate reduction in the purchase price, repair the defect himself or have it repaired at the Company’s expense, or to withdraw from the contract if the Company refuses to provide repair or replacement or is unable to fulfil that obligation, or if repair or replacement no longer serves the Buyer’s interest.
The Buyer is not entitled to withdraw from the contract if the lack of conformity is minor.
The Buyer shall be entitled to switch from the warranty right he/she has selected to another. The cost of switch-over shall be covered by the Buyer, unless it was made necessary by the Company’s conduct or for other reasons.
The Buyer is liable to report the defect to the Company immediately after discovering it but not later than within two months after the discovery of the failure. Beyond a 2-year limitation period, the Buyer cannot enforce the rights of warranty any longer. In the absence of proof to the contrary, any lack of conformity detected by the Buyer within six months of the date of performance shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
5.3 The product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer (product guarantee).
As product guarantee claim the Buyer shall have the right to demand to have the product repaired or replaced.
The Buyer may enforce his/her product guarantee claim within a period of two years effective from the date of placing the given product on the market by the manufacturer. This deadline shall apply with prejudice.
The Buyer may enforce his/her product guarantee claim exclusively against the manufacturer and the distributor of the product. The burden of proof of defect lies with the Buyer.
The manufacturer (distributor) shall be relieved of warranty obligation exclusively if able to prove that he manufactured or placed the product on the market in the course of operations other than in the course of its business activity or for purposes relating to his profession; or the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered; or the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.
The warranty obligation relating to a replacement product in the case of replacement, or to the part repaired shall be assumed by the manufacturer
5.4. For the same error at the same time the Buyer shall be entitled to claim guarantee, or product warranty, or product guarantee.
6. Final provisions
6.1. The Buyer with his/her inquiries or complaints shall contact the Company as follows
in writing: by letter
in E-mail: by electronic mail sent to the e-mail address: [email protected]
6.2. The complaint handling should be provided by the Company according to the provisions of the Act CLV of 1997 on consumer protection. The Hungarian Authority for Consumer Protection has no legal competence on the establishment, validity and termination of the contract between the Parties.
6.3. In case of consumer disputes the Buyer shall be entitled to initiate a procedure at the Conciliation Board:
Budapest Conciliation Board (Budapesti Békéltető Testület):
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Postal address: 1253 Budapest, Pf.: 10.
E-mail address: [email protected]
Fax: 0036 (1) 488 21 86
Phone: 0036 (1) 488 21 31
6.4. In case of disputes arising out of the contract concluded between the parties the Buyer may initiate a court procedure according to Act III of 1952 on Civil Procedure.
6.5. The contract concluded between the Buyer and the Company shall be governed by the Hungarian law and the Hungarian jurisdiction shall be entitled to act.
6.6. The Company shall be entitled to modify this present GTC unilaterally at any time.
The date of these General Terms and Conditions of Contract to come into force: 01.04.2015