These General Terms and Conditions of Contract (hereinafter: GTC) contains the rights and obligations of the Customer (hereinafter: Customer) using the electronic commerce services extended by the BlackfinKft. (hereinafter: Service Provider) through the www.oversizeshoe.com web site (hereinafter: web site) (Service Provider and Customer hereinafter, together: Parties). 

Service Provider’s data:

• Name: Blackfin Kft.
• Seat: 1125 Budapest, Szeréna út 59. Hungary
• Customer service: see section 1.7 for more details 
• E-mail address: hello@oversizeshoe.com
• Company registration number: Cg. 01-09-730047
• Court of Registration: Court of Registry of the Budapest Environs Court
• Tax number: 13336578-2-41

 

1. General information and Parties’ contract

1.1. The scope of these GTC shall cover all electronic commerce services extended in the territory of Hungary that takes place in the electronic shop (hereinafter: web shop) situated on the web site. The scope of these GTC shall also cover every commercial transaction in the territory of Hungary that comes about between Parties stipulated herein. Purchases made in the web shop shall be governed by Act CVIII, 2001 on certain electronic commerce services and issues of services related to the information society, Government Decree No. 45/2014 (II.26.) on detailed rules of contracts between the Customer and the business, furthermore Act V, 2013 on the Civil Code.

1.2. Purchases can be made in the web shop by submitting an order electronically in the manner specified in these GTC.

1.3. Certain web shop services are available only upon registration.

1.4. By submitting the order and its confirmation by Service Provider Parties enter into a contract. The Contract shall be considered as a contract in writing. Service Provider registers the contract and shall retain it for 2 (two) years from the date of the Contract.

1.5. The language of the contract is English.

1.6. Service Provider shall not be subject to the provisions of any code of conduct.

1.7. Place and manner of the administration of complaints:

• Address and mail address: 1125 Budapest, Szeréna út 59. Hungary
• E-mail: hello@oversizeshoe.com
• Manner of the administration of complaints: by e-mail or mail 

2. How to order – general provisions

2.1. To order, and to have the order performed (the product / s / delivered) the Customer’s precise data need to be provided. Registration is not required for browsing among products and ordering.

2.2. Service Provider shall not be liable for delayed delivery or other problems and faults that can be due to data that have been incorrectly and / or imprecisely provided by customer. Service Provider shall not be liable for any damage resulting therefrom. Service Provider shall not be liable for damage or fault that may result from data registered having been altered by Customer.

2.3. By clicking on the photo of the product the data regarding the main features and characteristics of the product will be accessed with the addition that the detailed and essential product features are provided in the user’s manual to accompany the product. More favourable and enhanced product properties in comparison to the information available on the web site or the user’s manual shall amount to the Service Provider’s compliance with its contractual obligations. Service Provider shall enclose the user’s manual of the products wherever so prescribed by law with the product.

Product details provided at the web shop are of an indicative nature. There can be slight differences between the colours of the product and the photo as the photos have been taken in the photoshop by using a flash. In the case of material with patterns the pattern may not be at the same place as in the photo due to the cutting. The data of individual products do not specifically contain a reminder of this fact. Products can be ordered exclusively in the sizes mentioned among data. For products that do not have the European sizing among their data, Customer may obtain information concerning the sizes of the particular product corresponding to European sizes by clicking at the „charts of sizes“ provided in the heading of the web site.

2.4. The purchase price is always the amount shown next to the selected product, which is inclusive of the value-added tax. The purchase price of products – subject to the exceptions contained in this GTC – does not include the cost of delivery.

2.5. Service Provider retains the right of altering the price of the products for order at the web shop, which will enter into force when displayed in the web site. The modified price shall not adversely affect the purchase price of the products having been ordered already, however, neither is it possible to return money in the event the price has been reduced in the period between the time when the contract came into being (the order was accepted and confirmed by Service Provider) and the time when the product is delivered.

If notwithstanding all the due care taken by Service Provider some wrong price is quoted in the web site, with special regard to manifestly wrong prices, for example the well-known and generally accepted price or a price significantly different than its assessed price, Service Provider shall have no obligation to deliver the product at the wrong price, but it may offer delivery at the correct price becoming aware of which Customer may withdraw from the intended purchase.

2.6 Up to 6 (six) products can be ordered on one occasion.

2.7. The procedure of ordering:

2.7.1. On the heading of the web site Customer select whether the product being looked for is for a „man” or a „woman”. Then using the filters on the left hand side of the web site the Customer can navigate among brands, product categories and product features.

2.7.2. Product data can be accessed by clicking at the photos. Size and colour can be selected among data selected. Models available in various colours are displayed as a single product.

2.7.3. The order can be sent by using the virtual cart. The product(s) can be placed in the cart by clicking at the „Cart” button upon setting the size(s). The contents of the cart can be viewed by clicking at the „Cart” link on the top right hand part of the web site and here, at the same time; they can be modified and deleted as well.

2.7.4. After finalizing the content of the cart the form can be accessed by clicking at the „Record the purchase” button to display the Customer’s data and to have the form for the specific contractual terms completed. The Customer’s name, billing address and mail address, the Customer’s telephone number and e-mail address must be provided and the mode of payment and delivery selected prior to submitting the order. If Customer already has a coupon for a discount, the discount can be availed of by providing the serial number of the coupon. Discount shall be available only at the time of submitting the order. Discounts cannot be consolidated and only one coupon can be used for one order.

2.7.5. When the order is submitted, in addition to completing all the lines of the data sheet, Customer shall be obliged to declare by clicking at the square provided in the data sheet that they have read and accept these GTC as well as the rules on data protection and data management. Following this the order will be submitted by clicking at the „Submit order” button.

 

3. Binding offer, confirmation

3.1. After the Customer sends the offer (order) and it is received Service Provider shall immediately send an automatic e-mail of confirmation, which shall contain the acceptance by Service Provider of Customer’s offer (order), the data provided by Customer in the course of generating the order (e.g. billing and delivery related information, etc.), the identifier of the order, date of the order, enumeration of the elements that pertain to the ordered product, its amount, price of products, costs of delivery and the final total amount to be paid. The e-mail of confirmation shall be considered as Service Provider’s acceptance of Customer’s offer and thus the confirmation brings about a valid contract between Service Provider and Customer. The confirmation of the order does not mean that Service Provider is sure to be able to deliver the product(s) ordered. Especially in the case of discount or running out products it may happen that the product ordered is damaged or not complete for which reason it cannot be sold. In this case Service Provider shall within the shortest possible time to advise the Customer via e-mail or by phone why the product cannot be delivered.

3.2. Customer shall be exempt from the binding offer if the special e-mail of acceptance fails to arrive without a delay, within 48 hours from the Service Provider in regards to the order submitted and mentioned in section 3.1.

3.3. The order shall be considered to be a contract coming about electronically to be governed by the provisions of Act V, 2013 on the Civil Code, Act CVIII, 2001 on electronic commerce services and certain issues of the services related to the information society. The Contract shall be governed by Government Decree No. 45/2014 (II.26) on the detailed rules of contracts between the customer and business, and also bear in mind the provisions of EU Directive No. 2011/83 of the European Parliament and the Council on consumer rights.

 

4. Correcting faults of the data entered

4.1. Customer has the option to correct (delete and/or modify) data entered wrongly in any phase of placing the order and sending it to Service Provider in the web shop in the orders interface of the web site.

4.2. During the ordering process the product(s) ordered and the precise final amount can be seen all the time in the orders interface of the web site.

 

5. Terms of delivery

5.1. Service Provider supplies the product(s) having been ordered by Customer through a forwarding agent (hereinafter: Courier) to Customer’s address provided. If the gross value of the order reaches EUR 99.99 delivery is free of charge. Cost of delivery of orders identified as below the amount of free of charge delivery shall be borne by Customer. In this case the cost of delivery is mentioned in the invoice and Customer shall pay it through the way of payment selected by Customer in the course of ordering. Cost of delivery is a flat rate of EUR 99.99. 

If several orders are received from the Customer on the same day, they will be considered separately in terms of the delivery fee and only orders exceeding the value that ensures free of charge delivery will be delivered free of charge. If Customer indicates the same when submitting the second order and Service Provider confirms that there is a possibility for the same, Service Provider may consolidate the orders, however packages having been sent already cannot be consolidated subsequently. Service Provider retains the right of altering the delivery fee subject to its entering into force simultaneously with its display in the web site. Modification shall not affect the purchase price of products having been ordered already.

5.2. The product(s) ordered arrive(s) in a sealed box and, unless paid in advance, the purchase price and any eventual price of delivery shall be paid in cash against the invoice to the Courier’s delivery staff. In the event the packaging is damaged on receipt, it is recommended that it should be open still in the presence of the Courier’s delivery staff in order to have the integrity of the product(s) checked and the damage indicated to the Service Provider. The Courier’s delivery staff takes the minutes of the delivery of a damaged product.

5.3. Product(s) are delivered by the GLS courier service, within 3-10 working days following the confirmation of the order by Service Provider. Service Provider shall not own liability for delivery on time as specified above by GLS Courier service. The GLS Hugary Courier service delivers product(s) only on weekdays and in office hours, so please provide an address for delivery where the product(s) can be received during such periods of time. The delivery staff of GLS courier service can wait at the delivery address provided 10 minutes at the most.

 

6. Terms of payment

Customer can choose the following payment options:

• payment with Credit/Debit card via Barion

Online credit or debit card payments are handled by Barion, a payment gateway provider. The card details are never shared with the Service provider. Barion Payment Zrt. is regulated by the Hungarian National Bank, license number: H-EN-I-1064/2013.

• Payment at delivery. When paying at delivery additional payment costs may apply.

 

7. Right of withdrawal

7.1. The provisions set forth in this section shall apply exclusively to those who act as private persons outside the scope of their professional, employment or business activity who purchase, order, receive, use, exploit a merchandise and are the recipients of the commercial communication related to the merchandise (hereinafter: the Consumer).

7.2. The Consumer shall have the right to withdraw from the contract without a justification in the event the subject of the contract is the sales and purchase of a product, within 14 (fourteen) days from the day of the receipt

1. a) of the product,
2. b) of the product delivered last if several products have been delivered,

7.3. The Consumer shall have the right to exercise the right of withdrawal in the period between the day of execution of the contract and the day of receipt of the product as well.

7.4. Consumer shall not be entitled to the right of withdrawal in the case of product with a sealed packaging, which cannot be returned after opening due to health protection or hygienic reasons (e.g. lingerie, bathing suit).

7.5. The procedure of exercising the right of withdrawal

7.5.1. If Consumer intends to exercise their right of withdrawal they have to forward to Service Provider their clear statement to this effect through using the contact details mentioned in section 1.7 of these GTC in person, by mail, electronic letter, or via the web shop after logging in to the orders made earlier. 

 If Consumer fails to use the sample withdrawal statement published by the Service Provider, the statement is clear if it contains in addition to the statement of withdrawal at least the Consumer’s name, delivery address and the number of the order.

Consumer exercises the right of withdrawal in time if they send Service Provider their statement of withdrawal before the deadline indicated above expires.

7.5.2. The burden of proof of compliance with the provisions set forth in section 7 in exercising the right of withdrawal shall rest with the Consumer.

7.5.3. The withdrawal shall be considered to have been asserted on time if Consumer sends their statement to this effect within 14 (fourteen) calendar days (even on the 14th calendar day) to Service Provider. If sent by mail, the date of posting, if sent by electronic mail, the time of sending the electronic mail shall be taken into consideration by Service Provider in calculating the deadline.

7.5.4. In the event of withdrawal Consumer shall be obliged to forward the product(s) ordered to the Service Provider’s shop having issued the invoice or the address mentioned in section 1.7 without unjustified delay, but latest within 14 (fourteen) calendar days from the time of communicating the statement of withdrawal by registered mail, by courier or in person. The deadline shall be considered to have been met if Consumer sends the product (by post or by handing it over to the courier ordered by the Consumer) or in person to one of the addresses specified above.

7.5.5. The cost of sending the product(s) back to the Service Provider’s address shall be borne by Consumer. Service Provider is not in a position to receive any package sent back by collect on delivery. In addition to the cost of sending the product(s) back Consumer shall not incur any other cost on account of withdrawal.

7.5.6. If Consumer withdraws from the contract Service Provider reimburses all the considerations provided by Consumer immediately, but latest within 14 (fourteen) calendar days from the day of receipt of Consumer’s statement of withdrawal, excluding the fee of delivery and the extra fee of payment at the Courier. Service Provider shall have the right to withhold reimbursement until such time that the product has been returned or the Consumer has confirmed beyond doubt that the product has been returned, out of the two of which Service Provider will take into consideration the earlier one.

7.5.7. In the course of reimbursement Service Provider uses the mode of payment corresponding to the one used in the course of ordering unless Consumer expressly provide their consent to using some other mode of payment, on account of using of which mode of payment Consumer shall not incur any additional cost.

7.5.8. Consumer shall be held accountable for a loss of value of the product only in the event the same has occurred due to use in excess of the need to establish the type and features of the product. The shoe box is an inseparable part of the product for which reason it cannot be used as a packaging for mailing and a loss of value amounting to EUR 10 will be charged if the shoe box is damaged.

 

8. Warrant

8.1. Service Provider shall not be liable for any of the warranty obligations under Act V, 2013 on Civil Code or any other legal regulation in regards to its products.

8.2. Service Provider shall not undertake any voluntary warranty in regards the products sold by it.

 

9. Guarantee

9.1. Liability for defects

9.1.1. Customer may assert a claim for liability for defects towards Service Provider in the case of erroneous performance by Service Provider. In the framework of a consumer contract Customer who qualifies as a consumer may assert their warranty claims within a 2-year limitation period from the time of receipt of the product(s) for any fault of the product that had existed already at the time of receipt. Customer will not be able to assert their liability for defects claim beyond the two-year limitation period.

9.1.2. In the case of a contract with another entity than the customer, the warranty claim can be asserted during a 1-year limitation period upon the time of receipt.

9.1.3. Customer – as they may prefer – can ask for repair or replacement unless compliance with the Customer’s request would be impossible or result in unreasonably high additional cost for Service provider in comparison to meeting other claims. If Customer has not or could not ask for repair or replacement, they may request a pro rata reduction of the consideration or have the fault repaired on their own at Service Provider’s cost, or, ultimately, even withdraw from the contract. The withdrawal claim will not be entertained in the event of an insignificant fault.

9.1.4. Customer may transfer from the claiming liability for defects to another one, however they shall be obliged to bear the cost of such a transfer unless the same is justified or caused by Service Provider.

9.1.5. Customer shall be obliged to notify Service Provider immediately when the fault has been revealed but not later than within two monthly from the discovery of the fault.

9.1.6. Customer may assert their claim for liability for defects directly vis a vis Service Provider. 

9.1.7. Within six months from delivery of the contract the assertion of the claim for liability for defects shall not have any other precondition than the need for the Customer to verify that the product has been purchased from Service Provider (by presenting the invoice or a copy of it). In such an event Service Provider shall be exempt from the liability only if it can challenge the allegation, i.e. prove that the fault of the product emerged after delivery to the Customer. If Service Provider can prove that the fault has emerged due to some reason attributable to Customer, it shall not be obliged to accommodate the Customer’s claim for liability. After the six months from delivery expires the Customer shall be obliged to prove that the fault revealed by them had existed already at the time of delivery.

Obviously, for the assertion of any claim for liability for defect the product(s) will have to be returned to Service Provider, by sending it to the address of the Customer Service mentioned in section 13.1. Service Provider accepts only clean product(s) and soiled product(s) will be returned to Customer.

9.1.8. If Customer avails of the right to claim liability for defect with respect to a part of the product that can be separated from it with respect to the fault, the claim will be asserted with respect to the separable part only and shall not be considered as asserted for other parts.

9.1.9. In the event of replacement or withdrawal Customer shall not be obliged to reimburse the loss of value of the product(s) resulting from regular use. However Customer shall be liable to pay the Service Provider for the loss of value due to irregular use.

9.1.10. In the event of faulty performance the costs of conforming to the liability obligation shall rest with Service Provider. Service Provider shall pay the Customer the costs incurred by them in relation to the conformity to the liability obligation exclusively in the event Customer has legitimately confirmed the costs (by presenting the bill, dispatch note issued by the post, etc.). If a failure by Customer to observe the obligation of maintenance may also have contributed to the defect of the product, the costs incurred due to conformity with the liability for defect shall be shared by Customer also in the rate of influencing the same subject to having become familiar with the information regarding the maintenance of the product and Service Provider has conformed to its obligation to provide the relevant information. If there is a proof that the fault of the product emerged after delivery (i.e. not due to Service Provider’s faulty performance), the costs emerging due to the assertion of the liability for defect (including the cost of returning the product to Customer) shall be borne by Customer.

 

9.1.11. If Customer fails to use the sample published by Service Provider in asserting the claim for liability for defect the statement shall contain at least the description of the fault of the product, the selected liability claim, the Customer’s name, the address of delivery, and the order number. Customer may submit the statement regarding the assertion of the liability for defect in the manner and using the contact details stipulated in section 14.1.

 

9.2. Product liability

9.2.1. The Customer who qualifies to be the consumer (hereinafter: Consumer) may as preferred in the event of a defect of the product assert the right stipulated in section 9.1 or a claim for product liability.

9.2.2. However the Consumer shall not be granted the right to claim both liability for defect and liability for product simultaneously for the same fault at the same time. In the event the liability for product has been effectively asserted, the Consumer may assert the claim for liability for defect with respect to the replaced product or the replaced part vis a vis the Service Provider. 

9.2.3. By way of product liability Consumer shall have the right to claim only the repair or replacement of the faulty product. The burden of proof of the fault of the product shall rest with the Consumer in asserting their product liability claim.

9.2.4. A product will be considered faulty if it fails to conform to the valid quality requirements at the time of its sale or if it fails to possess the features stipulated in the description provided by the manufacturer.

9.2.5. Consumer may assert their product liability claim within two years from the date of issue by the manufacturer. After this deadline passes the entitlement shall lose effect. Consumer shall immediately notify the manufacturer as soon as discovering the fault of the product. The fault communicated within two months following the discovery of the fault shall be considered as notified immediately. Consumer shall be liable for all damage caused by belated notification.

9.2.6. Consumer shall have the right to assert their product liability claim vis a vis the manufacturer or the distributor (Service Provider) of the product. 

9.2.7. In terms of the Civil Code the manufacturer shall be the producer and distributor (Service Provider) of the product. 

9.2.8. Manufacturer and distributor (Service Provider) shall be exempt from product liability only in the event they can prove that:

• the product has not been manufactured and, respectively, distributed in the scope of business activity, or
• the fault could not be recognised when it was issued according to the current technological status and know-how, or 
• the fault of the product results from a legal regulation or due to some regulatory provision.

9.2.9. For the manufacturer and distributor (Service Provider) the proof of one reason shall be sufficient for exemption..

9.2.10. If Customer fails to use the sample published by Service Provider in asserting the claim for product liability the statement shall contain at least the description of the fault of the product, the selected liability claim, the Customer’s name, the address of delivery, and the order number. Customer may submit the statement regarding the assertion of product liability in the manner and using the contact details stipulated in section 13.1.

Obviously, for the assertion of any claim for product liability the product(s) will have to be returned to Service Provider, by sending it to the address of the Customer Service mentioned in section 13.1. Service Provider accepts only clean product(s) and soiled product(s) will be returned to Customer.

10. Replacement

10.1. Customer is entitled to replace the product purchased in the web shop in person, to have the size replaced or purchase some other products for the purchase price (hereinafter: Replacement) within 14 calendar days from the receipt of the product, at the Service Provider’s shop having issued the invoice. Only products not having been used yet can be replaced. For health protection and hygienic reasons lingerie and bathing suit cannot be replaced if its sealed wrapping has been opened. 

Replacement requires the product not having been used yet as well as all its accessories undamaged, including the information manuals, the shoe box and any other eventual accessories that can be found in the package, the wrapping and the original invoice. In absence of any of these Service Provider shall not accept the product for replacement. The shoe box is an inseparable part of the product for which reason it cannot be used as packaging material and if damaged, a loss of value of EUR 10 will be charged.

10.2. Customer may ask for replacement at the Service Provider’s shop having issued the invoice:

1. a) in persona at the time of product delivery; or
2. b) by sending the product simultaneously by post (including also the courier service).

10.3. The replacement option shall be considered as conformed to in the event Customer mailed or handed over to the courier the Replacement request form and the product on the last day of the deadline.

10.4. If replacement is requested by mail, the costs of returning the replacement form and the product to Service Provider as well as the costs of forwarding the replacement product to Customer shall be borne by Customer. The replacement product is sent to Customer by the courier service. The cost of delivery is EUR 14.99. Mode of payment of the cost of delivery: bank transfer.

10.5. If replacement is requested by mail, if Customer requests the same product but in a different size, we request the size requested to be mentioned in the replacement form subject to checking whether the requested size is available in the web shop before marking the size. If some other product is requested, please mention the product’s item number in the replacement form (it is mentioned in the web shop in the product’s data form) as well as the size requested. In the event the purchase price of the requested product is higher, than the purchase price of the product requested to be replaced, the difference shall be paid subsequently, in bank transfer.

10.6. If in an unexpected case Service Provider is unable to provide the delivery of the replacement product (e.g. it is not on stock), Customer shall be advised accordingly. Upon notification by Service Provider Customer shall be entitled to choose some other replacement product.

10.7. The Replacement request form can be used only when requesting replacement by mail. The Replacement request form can be accessed here.

 

11. Responsibility

11.1. The information provided in the web site has been posted in good faith, however it is meant exclusively for information and Service Provider shall not be held accountable for the accuracy and integrity of the information.

11.2. Customer may use the web site exclusively at their own risk and shall accept that Service Provider is not to be held accountable for any emerging damage to property or non-pecuniary loss other than caused wilfully, through gross negligence or crime, furthermore in excess of responsibility for non-conformity with the contract in a manner that compromises life, corporeal integrity and health.

11.3. Service Provider excludes all responsibility for the conduct displayed by users of the web site. Customer shall be fully and exclusively liable for their own conduct and in such a case Service Provider shall fully cooperate with the authorities proceeding in order to identify wrongdoings.

11.4. Service sites may contain connecting points (links) that point to sites of other Service Providers. Service Provider shall not be accountable for the data protection and other activities pursued by such Service Providers.

11.5. Service Provider may but shall not be obliged to check the contents provided by Customers in the course of using the web site and in regards to the contents published Service Provider shall be entitled but not obliged to look for indications of the pursuit of illegal activity.

11.6. Due to the global nature of the Internet Customer accepts that in the course of using the web site they shall act also taking into consideration the applicable international regulations. If any activity related to the use of the web site is not permitted under the laws of the Customer’s state the responsibility for such use shall rest exclusively with Customer. 

11.7. If Customer spots any objectionable content on the web site, they shall immediately notify Service Provider about the same. If Service Provider finds the notification to be substantiated in its bona fide procedure, it will be entitled to immediately delete the information or modify its content.

 

12. Possibilities to assert legal claims

12.1. Management of complaints

12.1.1. Customer may submit their consumer complaints related to the product or the Service Provider’s activity through the contacts stipulated in section 1.7.

12.1.2. Service Provider shall within 30 days upon receipt of the complaint in writing investigate and provide a substantive response as well as act to have the response forwarded to Customer. If the complaint is declined by Service Provider, it shall be obliged to justify its position in its substantive response regarding the refusal.

12.1.3. Service Provider receives the objections submitted by Customer at the direct contact details stipulated in section 1.7.

12.2. Other possibilities to assert rights

12.2.1. If an eventual consumer legal dispute fails to be settled in the course of negotiations between Service Provider and Customer, the following options will be open to Customer for the assertion of legal claims:

1. b) Lodge a complaint at the Authority for Consumer Protection. If Customer perceives a violation of consumer rights, they shall be entitled to lodge a complaint at the authority of consumer protection competent for the area where they live. Following an investigation of the complaint the authority takes a decision whether to conduct a consumer protection procedure.
2. c) Conciliation Board. Customer may initiate a procedure at the conciliation board functioning beside the competent professional body to have the consumer dispute related to the quality of products, their safety and the use of product liability rules, as well as the execution and delivery of the contract settled amicably outside the court.

Contact information of the Budapest Conciliation Board:

• 1016 Budapest, Krisztina krt. 99. III. em. 310. 
• Postal address: 1253 Budapest, Pf.: 10. 
• E-mail address: bekelteto.testulet@bkik.hu 
• Fax: +36 (1) 488 21 86 
• Telephone: +36 (1) 488 21 31

1. d) Court procedure. Customer is entitled to assert their claim arising due to consumer legal disputes in front of the court in the course of a civil procedure according to the provisions of act V, 2013, Civil Code and Act III, 1952, Code of Civil Procedure.
2. e) The European Commission, basing itself on Regulation (Regulation) No. 524/2013/EU of May 21, 2013 of the European Parliament and Council on the settlement of consumer legal disputes has created an online platform for settlement of disputes. According to the Regulation Service Providers must communicate with consumers through this site in order to settle out of court the legal disputes emerging in regards the obligations resulting from the online service contracts between consumers with a European place of stay and Service Providers settled in the European Union. The online dispute settlement platform has been accessible for consumers since February 15, 2016. The scope of the Regulation directly applies to the Service Provider having its headquarters in Hungary for the event a legal dispute emerged in relation to the online contract having been established between Service Provider and consumer. Consumer may initiate the settlement out of court of the legal dispute online through the online dispute settlement platform at the dispute settlement forum they select jointly. In Hungary the Budapest Conciliation Body is competent to settle consumer legal disputes.

Contact the online dispute settlement platform through: http://ec.europa.eu/odr

 

13. Data protection statement 

13.1. Service Provider respects the constitutional right to the protection of personal data, according to the content of which everybody has the ownership in regards to disclosing and the use of their personal data.

13.2. Service Provider pays special attention in the course of the acquisition and processing of the personal data rendered available by Customer and required for the use of services to Act VI, 1998 on the announcement of the Treaty dated January 28, 1981 in Strasbourg regarding the protection of individuals during the automatic procession of personal data, Act CXIX, 1995 on the handling of name and address information for the purpose of research and direct marketing, and Act CXII, 2011 on informational self determination and the freedom of information.     

13.3. Data provided by Customer like family name and Christian name, delivery address, phone number, e-mail address and identifier can be found in the electronic letter sent via the system. In the event of payment by bank card payment data are handled by Barion Zrt.  and not by Service Provider.         

13.4. Data of the web site are handled by Service Provider.

13.5. Service Provider states that the purpose of handling the data available in the data base (name, email address, telephone number, identifier, etc.) is to ensure the extension of the services available in the web shop, the display of personalized contents and advertisements, compilation of statistic, the technical development of the IT system and the protection of Customers’ rights. Service Provider shall be allowed to use such data to form user groups and display specific content and/or advertisement for such user groups on Service Provider’s sites, and to send news bulletins.

13.6. Service Provider shall not use the personal data provided by Customer for any other purposes than the ones stipulated above. Personal data can be issued to any third party or authorities—unless the legislation or a decision of the authority/court stipulates the same with an obligatory nature—only upon Customer’s express consent. Service Provider shall delete Customer’s personal data after the aim of use expires or at Customer’s request.

13.7. Customer provides their data on a voluntary basis and the legal basis is the consent of the party concerned. By using the Service Provider’s services Customer provides consent to its data being used as stipulated above. Customer may request at any time that their data should be deleted; furthermore they can state their objection to their data being handled. If such a request or objection fails to be effective, Customer shall have the right to approach the court within 30 calendar days.

13.8. Service Provider performs the activities aimed at processing the data it has become in possession of in compliance with the prevailing legal regulations and keeping in view the data protection provisions stipulated in these GTC. By using the services extended by Service Provider Customer grants their consent to have their data forwarded for processing to the data processor.

13.9. Service Provider disowns any responsibility for the information provided by Customer. In the event Service Provider learns that such information compromises the personality rights of a third party or some legal regulation and, respectively these data protection rules or are harmful through non-conformity to the data protection rules, Service Provider shall have the right to take the necessary legal measures in cooperation with the authorities taking the action. If Customer provides a third party data for using the service or has caused any damage by using the web site, Service Provider shall have to right to assert its damage claim.

13.10. In order to avoid illegal access and disclosure as well as the accuracy and the most appropriate use of data Service Provider guards and safeguards such information collected online using the proper physical, electronic and technical methods.

13.11. Name of data handling entities:

• Service Provider
• Courier services:
  • GLS Hungary Kft.
    (address: 2351 Alsónémedi, GLS Európa u. 2.; phone number: +36 (29) 886 660).

13.12. Service Provider shall keep a log of data forwarding of the personal data provided by Customer and forwarded to courier services in order to verify the legality of data forwarding as well as to inform the stakeholders of personal data. Such log shall contain the date and time of forwarding the personal data handled by Service Provider, the legal basis of data forwarding and the recipient, as well as the specification of the scope of the personal data having been forwarded.  Service Provider shall retain for 5 (five) years the data stored in the log of data forwarding.

 

14. Other provisions

14.1. web shop in an information system operating on php bases with an adequate level of security, risk-free use, however Service Provider recommends that the following precautions be taken:

• use of virus and spyware safety software with an updated data base,
• install the security updates of the operation system

14.2. Service Provider shall have the right to unilaterally modify the terms and conditions of these GTC at any time.