TERMS OF USE
In these terms, the following definitions shall be used:
- Reflection period: The span during which consumers are entitled to exercise their right of withdrawal.
- Consumer: An individual who acts for reasons not connected to their trade, business, craft, or profession.
- Day: A calendar day.
- Digital content: Data created and supplied in digital form.
- Permanent contract: A contract that involves the regular delivery of goods, services, and/or digital content over a set period.
- Durable data carrier: Any device, including email, that allows the consumer or entrepreneur to store information sent by a person for future reference or use for a time matching the information’s purpose, and enables the stored information to be kept unchanged and copied.
- Right of withdrawal: The ability of consumers to end a distance contract during the reflection period.
- Entrepreneur: A natural person or legal entity that provides consumers with products, (access to) digital content, and/or services from a distance.
- Distance contract: A contract between a trader and a consumer formed through an organized system for selling products, digital content, and/or services from a distance, using remote communication technologies in full or in part, up to and including the contract’s completion.
- Sample withdrawal form: A European model withdrawal form available in Annex I of these Terms and Conditions. If the consumer has no right to withdraw from the order, Annex I does not need to be attached.
- Remote communication technology: A technology that allows an agreement to be reached without the consumer and trader being in the same room at the same time.
Applicability
These general terms and conditions apply to every offer from the Trader and every distance contract made between the Trader and the Consumer.
Before a distance contract is formed, the text of these Terms and Conditions will be made available to the Consumer. If this isn’t reasonably possible, the operator will explain how the consumer can become familiar with the general terms and conditions before the distance contract is formed, and will send them free of charge as soon as possible when the consumer requests it.
If the distance contract is formed electronically, despite the previous paragraph’s provisions, the text of these general terms and conditions may be made available to the consumer in electronic form before the distance contract is formed to let them become familiar with it. They can be easily stored on durable data carriers. If this isn’t reasonably possible, a location where the general terms and conditions can be viewed electronically will be pointed out before the distance contract is formed, and these terms and conditions will be sent electronically or by another free method when the consumer asks.
If there are specific terms and conditions related to a product or service in addition to these general terms and conditions, the second and third paragraphs will apply in the same way. In case of a conflict between terms and conditions, the consumer may always rely on the applicable terms and conditions that are most favorable to them.
Article 4 – Offers
An offer must include a full and accurate description of the products, digital content, and/or services being offered. The description must be detailed enough to allow the consumer to make a good evaluation of the offered product. If the entrepreneur uses images, these images must truly show the products, services, and/or digital content being offered. Clear errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains information that tells the Consumer about the rights and obligations related to accepting the offer.
Agreement Formation
Subject to paragraph 4, the agreement is formed when the Consumer accepts the offer and meets the specified conditions.
If the Consumer accepts the offer electronically, the Seller will immediately confirm receipt of the acceptance in electronic form. Until the entrepreneur confirms receipt of this acceptance, the consumer can end the agreement.
If the agreement is formed electronically, the Entrepreneur will take appropriate technical and organizational measures to ensure the security of electronic data transmission and a secure network environment. If consumers can pay electronically, the entrepreneur will take appropriate security measures.
Within the legal framework, the entrepreneur may check if the consumer will be able to meet their payment obligations, as well as all facts and factors related to forming the distance contract responsibly. If, after this check, the entrepreneur has valid reasons not to form the agreement, they have the right to refuse the order or application with an explanation, or set special conditions for carrying it out.
By the latest when the product, service, or digital content is delivered, the entrepreneur will send the consumer (in writing or in a form that the consumer can save in an accessible way on a durable data carrier):
a. The address of the entrepreneur’s branch where consumers can submit complaints;
b. The conditions and methods for consumers to exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. Information about the guarantee and available after-sales service;
d. The prices, including all taxes and fees for the products, services, or digital content (where applicable), delivery costs, and the method of payment, delivery, or performance of the distance contract;
e. The requirement to end the contract if the contract term exceeds one year or is indefinite;
f. A model withdrawal form if the consumer has the right to withdraw from the contract.
For forward transactions, the provisions of the previous paragraph apply only to the first delivery.
Right of Withdrawal
For products:
The consumer may end the contract for purchasing the Product within the 14-day withdrawal period by sending an email to [email protected] without giving a reason. Traders may ask consumers why they are withdrawing, but they cannot force them to explain.
The withdrawal period mentioned in paragraph 1 starts the day after the consumer or a third party (other than the carrier) designated by the consumer receives the product, or:
- For multiple products bought in the same order: the date the last product is received by the consumer or a designated third party. An order for multiple products with different delivery dates may be refused if the trader clearly tells the consumer this before the order is placed.
- If the product is delivered in multiple batches or parts: the date the last batch or part is received by the consumer or a designated third party.
Pricing
During the validity period of the preferential provisions, the prices of the products and/or services provided will not increase, except for price changes caused by a change in the rate of tax on goods and services.
The price stated in the product or service offer includes VAT.
Delivery and Performance
Entrepreneurs will be particularly careful when accepting and fulfilling product orders and evaluating requests for services.
The delivery location is the address provided to the Seller when the Consumer places the order.
Taking into account the provisions of Article 4 of these General Terms and Conditions, the Entrepreneur will fulfill accepted orders right away, but no later than within 30 days, unless a different delivery date has been agreed. If there’s a delay in delivery, inability to fulfill the order, or only partial fulfillment, the consumer will be told within 30 days of placing the order. In such cases, the consumer has the right to end the contract for free and receive any compensation.
After ending the contract as per the above, the operator will immediately refund the amount paid by the consumer. Unless clearly agreed otherwise, the risk of damage and/or loss of the product is with the Entrepreneur until it’s delivered to the Consumer or a previously designated and announced representative of the Entrepreneur.
Complaints Procedure
Entrepreneurs have a completely open complaints procedure and handle complaints according to this procedure.
Complaints about the performance of the contract must be sent to the Operator in a complete and clear way, within a reasonable time after the Consumer finds the defect.
Complaints sent to the entrepreneur will be handled within 14 days of receiving them. If the complaint needs a longer processing time that can be foreseen, the Entrepreneur will reply within 14 days, confirming receipt and saying when the consumer can expect a more detailed reply.
The consumer must give the entrepreneur at least 4 weeks to handle the complaint through mutual agreement. After this time, a dispute arises, which is dealt with through the dispute resolution procedure.
Article 17 – Additional or Different Conditions
Additional or different conditions to these general terms and conditions must not be harmful to the consumer and must be written down or stored on a durable data carrier in a way that the consumer can access.