Terms of purchase
GENERAL TERMS AND CONDITIONS
The webshop available on the website www.viktoriaszunyoghy.com is operated by sole entrepreneur Viktória Szunyoghy (registered address: 1053 Budapest, Veres Pálné utca 19., registering authority: National Tax and Customs Administration of Hungary, 1054 Budapest, Széchenyi u. 2, Hungary, Phone Number: +3630 120-4623 . Registration number: 43613886) (hereinafter: Seller or Service Provider). These General Terms and Conditions (hereinafter: GTC) apply to all commercial transactions, contracts aimed at the sale and purchase of goods or the provision of services, concluded with Buyers, and this GTC forms part of all contracts concluded between the Seller and the Buyer.
Ordering and payment
Orders in the www.viktoriaszunyoghy.com webshop can only be submitted electronically, via the internet. The Seller does not accept orders placed by telephone, fax, email, letter or in any other way. Likewise, the Service Provider sends information relating to orders to Buyers electronically. The submission of orders is subject to the provision of the personal data required for posting and the issuing of the invoice. Once the product(s) has (have) been ordered, the Seller hires a courier service, and sends the package to the Buyer with a tracking number, for traceability. The only manner of payment accepted is by bank card.
By clicking the “order” button, the Buyer makes an offer, which creates a payment obligation, for which the Seller sends an automatic confirmation, within 1 hour of the order. In all cases, the confirmation contains the selected takeover and payment method, the value of the order, the delivery terms, the product name, the number of pieces and the Buyer’s data. If no confirmation containing the conditions of the order is received, the consumer shall no longer be bound by the offer made. Before submitting the order, the Buyer can modify the data provided during registration, by overwriting and recording the modified data, via email. The order qualifies as a contract concluded via the internet, but not signed, the contents of which are filed, archived, and which is subsequently accessible and traceable. The filing number is the order number in all cases. Prices displayed on the site are in euros, and include value added tax in all cases. In case of payment by bank card, purchases are made in euros and the purchase price is credited in euros, in all cases. In case of payment with a card linked to a bank account or credit account not held in euros, currency exchange from the other currency to euros during payment by bank card is transacted by the Buyer’s card issuing bank, at its own exchange rate, which may differ from bank to bank.
In case of payment by PayPal, currency conversion can be performed at the exchange rate defined by PayPal, or by the card issuing bank. The Buyer can select in his or her PayPal account which of the two aforementioned cases PayPal should apply during payment. Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.
The Service Provider shall use best efforts to deliver the products ordered by the Buyer, within the deadline recorded in the order. The Service Provider undertakes to hand over products marked as “in stock” to the courier service within 3 working days of the order. The manufacturing of products not marked as being “in stock” takes longer. Since these products still need to be manufactured, occasionally it can happen that the order cannot be fulfilled, due to delays in manufacturing. The impossibility of performance results in the cessation of the contract. In case of the impossibility of performance, the Service Provider shall inform the Buyer immediately, and shall transfer the pre-paid consideration back to the Buyer, within 14 days of the notice on the impossibility of performance. The Buyer shall incur no surplus costs in connection with such transfer.
The Service Provider shall use best efforts to maintain precise information on the website and to keep information on stocks up to date. However, performance may be impossible at the moment when the contract is concluded, for reasons that are unforeseeable for the Service Provider, due to the activities of third persons independent from the Service Provider. However, the impossibility of performance does not make the Service Provider’s offer suitable for deceiving the Buyer, since the Service Provider acted according to the best of her knowledge in respect of the manufacturing data, when making the offer.
All products and services purchased are payable online, in the course of ordering. Thus, electronic invoices are issued for all orders, which are sent to the email address specified during ordering, following fulfillment. The invoicing program issues electronic invoices in PDF format. If, for reasons beyond the Service Provider’s control, the courier service is unable to deliver the products ordered with reasonable quality or by the deadline indicated in the order, the Service Provider may hand the package(s) over to another provider, for timely delivery, and shall inform the Buyer about the delivery by email, specifying the fact of and the reasons for the change.
Consumer rights (rescission, implied warranty)
Pursuant to government decree no. 45/2014 (II. 26.), the Buyer may rescind from the purchase, without justification, within 14 days of receipt (taking over the product). The Buyer may exercise the right of rescission by sending an unequivocal declaration, via email, to email@example.com, or by using the template declaration specified in annex 2 of government decree no. 45/2014 (II. 26.). In case of rescission in writing, it is sufficient to send the declaration of rescission to the Service Provider, within 14 days of receipt (taking over the product). The Buyer may also exercise the right of rescission during the period between the date of the conclusion of the contract and the date of taking over the product.
The date of receipt (taking over the product) can be attested with the slip received from the courier.
In case of rescission, the Buyer shall send the product back to the Service Provider at his or her own cost, to the following address: Veres Pálné utca 19., 1053 Budapest, Hungary, and the Service Provider shall reimburse the purchase price of the returned product(s), as well as any other costs incurred, immediately, or within 14 days of the receipt of the product(s) at the latest. The cost of delivery is only reimbursed in case of the rescission of the entire order. In case of rescission, the Buyer is only obliged to pay the cost of sending the product(s) back. The Service Provider only reimburses the purchase price of the product(s) and the cost of delivery (i.e. the consideration paid by the Buyer) if the Buyer returns the product(s), or attests beyond doubt that it sent the product(s) back within 14 days of declaring the intention of rescission; the earlier of the two dates shall be considered.
The Service Provider shall make the reimbursement with the same method of payment applied during the original transaction. The Buyer may not exercise the right of rescission in the cases specified in paragraph 29 of government decree no. 45/2014 (II. 26.), thus especially in the case of
Non-prefabricated products manufactured upon the Buyer’s instructions or express request, or products clearly personalized for the Buyer; Products that are perishable or only maintain their quality for a short time; Products in closed packaging which cannot be returned if opened after receipt, due to health or hygiene reasons; Products which inextricably combine with another product, by nature, following handover; In case of the sale or purchase of sealed audio or video recordings and computer software in closed packaging, if, after delivery, the Buyer has opened the packaging; Newspapers, magazines and periodicals (other than subscription contracts); Digital content supplied on an intangible medium, where the Service Provider has commenced performance with the Buyer’s express, prior consent, and the Buyer has at the same time made a declaration acknowledging the loss of the right of rescission / termination, following the commencement of performance.
The Service Provider may claim the reimbursement of damages from the improper use of the product(s).
If the Buyer concluded a contract in the webshop for the provision of a service, he or she is entitled to termination, instead of rescission. In case of a contract for service provision, the Buyer may exercise the right of termination within 14 days of the date of the conclusion of the contract. In case of a contract for service provision, the Buyer may not exercise the right of termination following the performance of the service in full, if the Service Provider commenced performance with the express, prior consent of the Buyer, and the Buyer acknowledged the loss of the right of termination, following the performance of the service in full. In case the product ordered is defective, the Buyer may enforce a claim for implied warranty against the Service Provider, pursuant to the provisions of act V of 2013 on the Civil Code. During the enforcement of the claim for implied warranty, the Buyer may request the repair or replacement of the defective product, except if repair or replacement is impossible, or would involve disproportionate costs for the Service Provider. If the Buyer did not or could not request the repair or replacement of the product, he or she may request a proportionate reduction of the price, may repair or have the product repaired at the Service Provider’s cost, or may rescind the contract if the Service Provider is unable to undertake or perform the repair or replacement, or if her interest to perform the repair or replacement has lapsed. The Buyer shall be obliged to substantively prove such lapsing of interest. Rescission is not possible in the case of an insignificant defect. The Buyer may also enforce another of his or her rights under implied warranty, instead of the initially chosen one, but shall bear the cost of such a switch, except if it was warranted, or if the Service Provider gave cause for it. The Buyer is obliged to declare the defect immediately following its detection, but within 2 months of detecting the defect at the latest. The Buyer may not enforce a claim for warranty beyond a period of limitation of 2 years from the performance of the contract. Within 6 months of performance, there are no other conditions of enforcing the claim for implied warranty besides declaring the defect and presenting / sending the invoice, or a copy thereof. Beyond 6 months from performance, however, the Buyer is obliged to prove that the defect already existed at the time of performance. During the enforcement of the claim for implied warranty, if the claim for implied warranty is not enforced in person, the product shall be returned and replaced at the Service Provider’s cost, with the involvement of the provider selected and hired by it, provided that the Buyer requested this in advance, within the statutory deadline, via the Service Provider’s customer service. The Service Provider shall not be obliged to reimburse the postage or delivery cost of products sent back without prior coordination with the Service Provider or the declaration of the complaint.
The Service Provider shall use best efforts to ensure that the data appearing on her pages (product prices, availability, descriptions, etc.) should be as precise as possible. Clearly erroneous prices, of 0 or 1 HUF, resulting from system error and deviating significantly from the standard market price shall not qualify as a call to make an offer, and shall not generate a legal obligation for the Service Provider. Pictures shown next to products are illustrations employing visualizations; thus, the characteristics and the precise dimensions of the product are specified in the product description in all cases. In case of a discrepancy between the cover image and the product description appearing on the website, the contents of the product description shall prevail (i.e. the product pursuant to the product description is available for purchase). The Service Provider displays the cover image of the product as an illustration, and to provide more precise information for customers. The Seller declares that all products available for purchase in her webshop are her own, individual products, protected by copyrights, or reproductions thereof, also subject to copyrights. The Seller reserves all rights provided to her, as the creator of the works, under copyrights. Accordingly, the Buyer may only use the products for his or her own purposes, and may not use them for commercial purposes. Thus, any reproduction, distribution, public performance, communication to the public, adaptation, exhibition or other known manner of use of the products is prohibited, unless with the prior, written consent of the Service Provider. The Service Provider’s system may collect data about Buyers’ activities, which cannot be connected to other data provided by the Buyer during ordering, nor with data generated during the use of other websites or services. The Service Provider is entitled to send newsletters or other advertising emails to users if the user clearly, expressly and voluntarily consents to this in advance, during registration, by providing the necessary data. The Service Provider is not obliged to check whether the data provided by the user during registration or during the provision of consent are truthful and correct. The Buyer may contact the Service Provider with any question, complaint or observation relating to his or her order by email at firstname.lastname@example.org, or by telephone on [*] (from 08:00 to 18:00 on working days, or at the times indicated on the website). The Buyer may initiate proceedings by a conciliation panel, for the simple, swift, out-of-court settlement of disputes (consumer disputes) arising against the Service Provider. The Service Provider is obliged to cooperate in proceedings in front of the conciliation panel. The conciliation panel with jurisdiction according to the Service Provider’s registered address: Budapest Conciliation Panel, 1016 Budapest, Krisztina körút 99., III. emelet 310., mailing address: 1253 Budapest, Pf. 10. If the Buyer wishes to make a complaint in connection with the product or service purchased, he or she may use the only dispute resolution platform (ODR), which is available by clicking here. Complaints may be submitted via the platform following registration, by providing the Service Provider’s email address (email@example.com). The name and the registered offices of the Service Provider’s hosting provider is: Webempresa Europa S.L., Madrid, C/ Almagro 11 6º 7ª 1 C.P. 28010, Spain, C.I.F.: B-65739856. By submitting the order, the Buyer declares that he or she is familiar with the effective text of this GTC. The Seller is entitled to modify the provisions of this GTC unilaterally, at any time. The modified GTC is effective as of the date specified, which, however, may not be earlier than the date of the publication of the modified GTC. Modifications shall be applied with respect to orders concluded following their entry into force. This GTC and any issues not regulated therein shall be governed by Hungarian law. All issues pursuant to this GTC, thus especially property disputes relating to the creation, validity, effectiveness, interpretation, performance, cessation and breach of orders, as well as the related rights and obligations of the Parties, belonging to the competence of the district court based on the value in question, shall be decided exclusively by the Buda Central District Court. Legal disputes belonging to the competence of the tribunal shall be decided by the court competent pursuant to the general rules of the act on the code of civil proceedings, as effective at any given time. This GTC was drafted in Hungarian and English language. In case of any discrepancy between the Hungarian and English version, the provisions of the Hungarian version shall prevail. This GTC is effective as of: 20 October 2020. Budapest, 20 October 2020 Viktória Szunyoghy, sole entrepreneur
INFORMATION ON DATA PROCESSING
Effective: 20 October 2020
Viktória Szunyoghy, as Controller, is committed to compliance with effective data protection regulations and to maintaining the legality of processing. This data processing policy specifies the Controller’s activities relating to the Data Processed, in accordance with the GDPR, in simple and clear wording. This policy applies to data transfers via the website operated by the Controller and to the transfer of Personal Data to the Controller, based on a contract or other legal transaction.
Controller: Viktória Szunyoghy, sole entrepreneur, whose data are specified in detail in chapter III. Data Processed: The totality of the data collected by the Controller and affected by processing. Data Subject: The natural person whose Personal Data are handled by the Controller. Personal Data: Any information relating to the identified or identifiable natural person (“Data Subject”). GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation)
III. The Controller’s data and contact information
Name: Viktória Szunyoghy, sole entrepreneur Registered address: 1053 Budapest, Veres Pálné utca 19. Registration number: 43613886 Registering authority: National Tax and Customs Administration of Hungary, 1054 Budapest, Széchenyi u. 2, Hungary E-mail: firstname.lastname@example.org The Controller’s representative: Viktória Szunyoghy
The legal basis and the rules of processing
The Data Subject may transfer Personal Data to the Controller via the websites operated by the Controller or based on a contract concluded verbally or in writing between the Controller and the Data Subject. The Controller’s processing activities are performed in accordance with the rules and principles defined by the GDPR, with special consideration for article 32 of the GDPR. The period of processing is 5 (five) years from the transfer of Personal Data or from contractual performance, in all cases. The website operated by the Controller is the following: – www.viktoriaszunyoghy.com At the website operated by the Controller, visitors to the website may provide, out of their Personal Data, their name, email address, delivery address and telephone number, supplemented with further data qualifying as Personal Data, in the freely editable spaces. By accepting data processing rules and by clicking on the “order” interface, the Data Subject consents to the processing of his or her Personal Data by the Controller (voluntary consent to processing). The Controller processes the Personal Data provided on the website with the sole purpose of contacting the Data Subject, in order to fulfill his or her order, to settle the related issues and to answer the Data Subject’s questions. The Controller’s IT systems are located at her registered address, the hosting service provider for the website is: Webempresa Europa S.L., Madrid,C/ Almagro 11 6º 7ª 1 C.P. 28010, Spain, C.I.F.: B-65739856. The Controller protects the Data Processed with appropriate, reasonable measures, primarily against unlawful access, alteration, transfer, unauthorized disclosure, erasure, destruction and rendering inaccessible. The Controller, with consideration for technological developments, shall provide for the efficient protection of processing with technical measures which provide an adequate level of protection regarding risks relating to processing. In the course of processing, only authorized persons may access the Data Processed, and the Controller shall be continuously available to enforce the Data Subject’s interests. The Controller does not process any sensitive data, thus especially data on ethnic origin, political opinions, religious or other beliefs, health status or sexual orientation. The Controller does not transfer the Data Processed to third countries and does not apply automated decision-making.
Rights relating to processing
The Controller informs the Data Subject that he or she has the following rights relating to processing: Right of access. The Data Subject shall have the right to obtain from the Controller confirmation as to whether or not Personal Data concerning him or her are being processed, and, where that is the case, to receive information about the Data Processed and the additional circumstances of processing specified in article 15 (1) of the GDPR. The right of rectification. The Data Subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate Data Processed concerning him or her. Taking into account the purposes of the processing, the Data Subject shall have the right to have incomplete Data Processed completed, including by means of providing a supplementary statement. Right to erasure (right to be forgotten). The Data Subject shall have the right to obtain from the Controller the erasure of the Data Processed concerning him or her without undue delay, and the Controller shall have the obligation to erase Data Processed concerning the Data Subject without undue delay if the Data Processed are no longer necessary, the Data Subject withdraws consent for processing, or processing was unlawful. Right to restriction. The Data Subject shall have the right to obtain from the Controller the restriction of processing where one of the following applies: a) The accuracy of the Data Processed is contested by the Data Subject, for a period enabling the Controller to verify the accuracy of the Data Processed; b) The processing is unlawful, and the Data Subject opposes the erasure of the Data Processed and requests the restriction of their use instead; c) The Controller no longer needs the Data Processed for the purposes of processing, but they are required by the Data Subject for the establishment, exercise or defense of legal claims. Right to data portability. The Data Subject shall have the right to receive the Data Processed concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format, and shall have the right to transmit those data to another controller without hindrance from the Controller to which the Personal Data have been provided.
The contact information of the authority, information on judicial remedy
The Controller informs the Data Subject that he or she may turn to the following authority with any complaint relating to processing: Hungarian National Authority for Data Protection and Freedom of Information Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c. Mailing address: 1530 Budapest, Pf. 5. Telephone: +36-1-391-1400; Email address: email@example.com
VII. Effective legal provisions
Legal provisions regulating this area: GDPR, Act CXII of 2011 on information self-determination and the freedom of information. The Controller provides more information in connection with processing via the contacts specified in chapter III of this policy, and declarations relating to processing shall be sent to these contacts as well. Budapest, 20 October 2020 Viktória Szunyoghy, sole entrepreneur