- GENERAL TERMS AND CONDITIONS
- These general terms and conditions (“General Terms and Conditions”) are applicable to all orders you place on the website www.pelsoswimwear.com (“Website”) for any product. The operator of the Website is Spa Capital Kft. (“SELLER”) (postal address of head office: Budapest, Fő utca 14– 18., 1011 HUNGARY, email address: email@example.com).
- 1.2 Before ordering any product from us, please carefully read these General Terms and Conditions, because they constitute all of the terms and conditions of the agreement made between us. Any detail proposed by one party and explicitly accepted by the other party through email communications related to the purchase is also considered part of the contract. Through the purchase of a product that is available on the Website, the agreement established between the parties in Hungarian language is considered a written contract, which the SELLER files and retains for  years from the date of fulfillment. You have the ability to correct any data-entry mistakes or errors (for example, to delete a product from the shopping cart) on the Website at any stage of the ordering process, up until the submission of the order to the SELLER.
- By clicking “agree” you declare that you have familiarized yourself with the General Terms and Conditions, and that you accept to be bound by the terms and conditions therein. We reserve the right to change the contents of the Website at any time, including these General Terms and Conditions. The agreement between us is governed by the General Terms and Conditions that are in force at the time of you submitting the order.
In order to submit an order on the Website, you have to confirm that you accept the General Terms and Conditions.
- When you place an order for a product through the Website, these General Terms and Conditions are applicable to that order. The SELLER is not obligated to accept the order.
- The receipt and acceptance of the order is confirmed by an email message from us, in which we summarize the details of the order. In relation to the ordered product, the contract between us is established by the sending of this confirmation.
- In case of any issues with your order, we will get in contact with you.
- PURCHASE PRICE AND PAYMENT TERMS
- The purchase price of the product you ordered is the one shown on the Website at the time of the receipt of the order, except when the price shown is obviously incorrect.
- The indicated purchase price includes VAT, but does not include shipping costs, which will be charged in addition to the full purchase price.
- The purchase price of the purchased product can be paid electronically at the time of placing the order using a debit card (via the Barion payment system), or with cash at the time of receiving the goods in case of delivery using postal service or courier service. If you choose personal pickup in one of our shops, you can pay the purchase price of the product with cash at the location. We cannot accept cash payments in any other situation. We do not agree to partial delivery.
- THE INFORMATION YOU PROVIDE
- 4.1 To make a purchase, it may be necessary that you, as a user of the Website that makes purchasing possible, register and create a user account on the Website. Browsing the pages and viewing prices is possible without registration and logging into a user account, but placing an order requires registering and logging in. We record the user account information, therefore you only need to provide your user name and password for future purchases on the Website. You are solely responsible for keeping your password a secret. Please inform us immediately if you notice that an unauthorized person has accessed your user account. We do not accept any responsibility for damages resulting from the unauthorized use of your user account / password.
- You agree to provide real, accurate and complete information during registration, and in any other situations where providing such information may be necessary in order to use the Website. You also agree to keeping the information up to date if it is necessary to do so for any reason. If you provide false, incomplete or inaccurate information, your registration will be deleted, and you may not use the Website for purchasing. If the information provided constitute fraud, then you may be liable under criminal and civil law.
- In order to fulfil the services available from the Website, we record the following information about you: name, representative’s name (for companies), address, email address, contact phone number, orders, clothes sizes [*]. In order to fulfil the shipment of the purchased product via postal service or courier service, we provide the following information to Magyar Posta Zrt. or to the [*] courier service, who act as data processing entities: order ID, customer’s name, address, phone number, purchase price [*].
- 4.4 We handle the information you provide in accordance with the provisions of Act CXII of 2011 on the right of informational self-determination and on freedom of information (Privacy Act) of Hungary. We handle your personal information for the purposes of your identification, the fulfillment of your orders, delivery of the ordered products, and if you agree separately, to send you direct communications, newsletters, information and advertisements related to our other products and services. Providing your information is always voluntary. We retain the personal information you provide during the creation of your user account as long as you have an active user account. We retain the information related to the specific order until the amount of time specified by the applicable laws (such as accounting laws), but up to a maximum of 5 years from the fulfillment of your order. You may at any time request the deletion of your user account, but we are unable to fulfill your orders without a user account.
- 4.5 In accordance with the Privacy Act, at any point during the handling of your information you may request to be informed about the handling of your personal information, and you may request your personal information to be corrected or (with the exception of obligatory information handling as stipulated by law) to be deleted or sealed. In case of a violation of your rights, you may contact the Hungarian National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság, address: Budapest, Szilágyi Erzsébet fasor 22/C., 1125 HUNGARY, phone: +36 1 391-1400, fax: +36 1 391-1410, email: firstname.lastname@example.org), or you may go to court.
- SHIPPING, RECEIPT OF PRODUCT
- 5.1 Depending on the shipping method you choose, the ordered product will be shipped using postal service or by cooperation with a courier service to the address you provided during registration, within 5 working days, for the additional fee indicated on the Website. You may also choose to pick up the ordered product in person at one of our shops. If you choose personal pickup, we will inform you when the product can be picked up from the shop of your choosing. We exclude liability for any claims for damages that result from late fulfillment.
- The risk of damage and loss in relation to the ordered product is transferred to you at the time of delivery.
- RIGHT OF RESCISSION/TERMINATION
The rights listed in this Section 6 are only applicable to consumers: that is, natural persons who are acting outside the scope of their profession, independent occupation or business activity (“Consumer”).
- You are entitled to rescind the contract within 14 days, without providing justification. Similarly, for contracts about providing service, if fulfilment of the contract has begun, you are entitled to terminate the contract within 14 days, without providing justification.
- The notice period for the rescission/termination:
- ends after 14 days for contracts about providing service, counted from the establishment of the contract;
- ends after 14 days for contracts about the purchase and sale of a product, counted from the day on which you or a third party appointed by you (different from the courier) receives the product.
- If you wish to claim your rescission/termination rights, you must send an unambiguous statement containing your claim of intent about rescission/termination (by way of a letter sent by post or electronically) to Budapest, Régiposta u. 2. II/24., 1052 HUNGARY, or to email@example.com. You may practice your right to rescission/termination by using the statement sample found in Appendix 2 of Government Decree 45/2014 (II.26.) of Hungary on the detailed rules governing contracts between consumers and companies, or by way of an unambiguous statement about the intention to rescind/terminate
- You meet the deadline of practicing your right to rescission/termination if you submit your rescission/termination statement before the end of the notice periods described above.
- If you rescind this contract we refund all remunerations effected by you, including shipping costs (except for extra costs resulting from you choosing a shipping method different from the cheapest standard shipping methods offered by us), forthwith, or within 14 days of receiving your statement of rescission the latest. The refund will be made using the same payment method that was used for the original transaction, except if you have provided your explicit permission to use a different payment method; you will not be charged any extra fees for the use of this refund method. We are entitled to withhold the refund until such time as we have received the returned product, or you have provided confirmation that the product has been sent back to us, whichever date is earlier.
- You are obligated to send back or deliver the product to us without undue delay, but no later than within 14 days of the submission of your statement of rescission. This deadline is considered to have been met if you send back the product before the end of the 14-day deadline. You bear the direct costs of returning the product.
- You shall only be liable for diminished value of the product if it resulted from use that exceeded the limits of what would be necessary to ascertain the nature, the characteristics and the functioning of the product.
- In case of provision of service, if you have requested that fulfillment of the service should start before the end of the termination notice period, then in case of termination you are obligated to reimburse us the amount for services proportionally fulfilled up to the point of the time of termination. Similarly, we will refund the portion of the remunerations effected by you that exceeds the value of the services rendered by us in return.
- RESCISSION BY US
- We reserve the right to rescind from the contract if the product ordered is not available for any reason. In such cases, we will notify you via email, and we will refund to you all the payments that you have made in relation to the order.
- We make efforts to only show correct prices on the Website. However, if we notice that a price was incorrectly shown on the Website, we will notify you immediately. In such cases, you may decide if you would like to order the product again, or if you would like to rescind the order. In case of rescission, we will refund to you all the payments that you have made in relation to the order.
- IMPLIED WARRANTY, PRODUCT WARRANTY
- Implied warranty
- You are entitled to claim for remedy under implied warranty in case of defective performance on behalf of the SELLER, in accordance with the rules of the Hungarian Civil Code.
- You may choose from the following claims for remedy under implied warranty:
You may request repair or replacement, except if the claim you choose from these is impossible to fulfill, or if it would involve a disproportionate amount of additional cost for the SELLER compared to the fulfilment of a different claim. If you did not or could not request repair or replacement, then you may also claim the proportional delivery of the remuneration, or you may repair the fault yourself or have it repaired by a third party at the SELLER’s expense, or you may rescind the contract as a last resort. Rescission is not possible in the case of an insignificant fault.You may revert to a different claim for remedy under implied warranty from your originally chosen claim, however, you have to bear the costs of the modification, except if the modification is justifiable or if the cause of the modification was due to the SELLER.
- You are obligated to report the discovered fault without delay. If you are a Consumer, a fault reported within two months of its discovery is considered to have been reported without delay. However, please note that there is a limitation period of one year (two years for Consumers) from the fulfillment of the contract, after which you may not claim for remedy under implied warranty.
- You may claim for remedy under implied warranty rights against the SELLER.
- If you are a Consumer, and no more than six months have passed since the fulfillment, then the only condition of claiming for remedy under implied warranty is to report the fault, if you verify that the product or the service was provided by the SELLER. However, if six months have passed since the fulfillment, you are required to prove that the fault you have discovered was already present at the time of the fulfillment.
- Product warranty
The rights listed in this Section 8.2 are only applicable to Consumers.
- In case of a fault with tangible goods (product), you are entitled to claim for remedy under your rights described in Section 8.1, or claim for remedy under product warranty, depending on your choice.
- As a claim under product warranty, you may only request the repair or replacement of the faulty product.
- The product is considered faulty if it does not meet the quality requirements applicable at the time of marketing the product, or if it does not have the properties that are listed in the product’s description provided by the manufacturer.
- You may claim for remedy under product warranty within two years of the manufacturer starting to market the product. You lose these rights after this period has elapsed.
- You may claim for remedy under product warranty only against the manufacturer or the distributor of the tangible goods. When claiming for remedy under product warranty, you have to prove that the product is faulty.
- The manufacturer (distributor) will be exempt from its product warranty liabilities only if it can prove that:
it did not manufacture or distribute the product as part of its business activities, orthe fault could not have been discoverable at the time of marketing according to the state of science and technology, orthe product’s fault is the result of the application of laws or mandatory regulatory requirements.
- The manufacturer (distributor) has to prove only one of these causes in order to be exempt.
- Please note that for a specific fault you may not claim for remedy under implied warranty and under product warranty claim at the same time, in parallel. However, if your claim for remedy under product warranty is successful, you may claim for remedy under implied warranty against the manufacturer for the returned product or for the repaired part.
- Implied warranty
- HANDLING COMPLAINTS
- If you have a complaint or an observation regarding any of our products, services or activities, please do not hesitate to contact us at one of the following contact channels: phone: +36 20 338-5401 (9:00am to 5:00pm, weekdays, Budapest time) or in our Showroom located at Budapest, Régiposta u. 2. II./24., 1052 Hungary (9:00am to 5:00pm, weekdays, Budapest time). Submitting a warranty or guarantee claim does not constitute a complaint under the act on consumer protection.
- If you are a Consumer, and the immediate investigation of the complaint is not possible, or you disagree with the handling of the complaint, then we make a record of the complaint, containing the following:
a) your name and home address,b) the location, time and method of the submission of the complaint,c) a detailed description of your complaint, and a list of all the records, documents and other evidence provided,d) a statement of our position regarding your complaint, if an immediate investigation of the complaint is possible,e) the signature of the person who recorded the complaint, and (except for verbal complaints made via telephone or another electronic method of communication) your signature,f) the location and time of the recording of the complaint,g) for verbal complaints made via telephone or another electronic method of communication, the unique identification number of the complaint
- In case of a verbal complaint, we provide you with the recording of the complaint, or in case of a verbal complaint made via telephone or another electronic method of communication, we send you the recording of the complaint at the same time as the substantive response described in Section 9.4, or earlier. For written complaints, we proceed as described in Section 9.4.
- We respond to your written complaint within 30 days of its receipt. If the complaint is rejected, in the first instance you may contact the Government Office of the Capital City Budapest, Technical, Approval and Consumer Protection Department, Consumer Protection Division (Budapest Főváros Kormányhivatala Műszaki, Engedélyezési és Fogyasztóvédelmi Főosztály, Fogyasztóvédelmi Osztály) which deals with consumer protection and market surveillance issues: Address: Budapest, Városház u. 7., 1052 Hungary
Postal address: Budapest, Pf.: 144., 1364 HUNGARY
Phone: +36 1 450-2598
- 9.5 If the complaint is rejected, you may also contact an arbitration board. The arbitration board has jurisdiction over settling disputes outside of court between the Consumer and the business, where the case is about the quality or the safety of the product, the application of product liability rules, the quality of the service, or the establishment and fulfillment of the contract between the parties. Based on the location of our head office, the relevant arbitration board is the following:
Arbitration Board of Budapest (Budapesti Békéltető Testület) Budapest, Krisztina krt. 99. III. em. 310., 1016 Hungary
Postal address: Budapest, Pf.: 10., 1253 HUNGARY
Fax: +36 1 488-2186
Phone:+36 1 488-2131
- There is no code of conduct that the SELLER subjected itself to.
- The extent of our liability with respect to the products ordered through the Website should never exceed the full purchase price you have paid for the product.
- Despite of the above, none of the provisions in these General Terms and Conditions should be interpreted as limiting the rights of the consumers to which they are entitled by law.
- MISCELLANEOUS PROVISIONS
- The interpretation of these General Terms and Conditions, and the issues not covered by these General Terms of Conditions are governed by Hungarian law.
- If any of the provisions in these General Terms and Conditions are or become invalid, unlawful or unenforceable, that does not affect the validity, lawfulness and enforceability of the other provisions of these General Terms and Conditions.
Budapest, 17 April 2016
Spa Capital Kft.