Relating to link “Online Shop” on web site vass-shoes.com operated by VASS SHOES Kft. as “Supplier”
I. DEFINITIONS
Definitions stated in capital letters in the present “General Terms and Conditions” shall have the following meaning:
“Price” means the prices stated in Euros relating to online shopping found under the link Online Shop” on www.vass-shoes.com operated by the Supplier. Prices for EU citizens with VAT respectively prices for non-EU citizens without VAT are also available. The relevant price is stated on the basis of the address given by the Customer in the delivery process. Prices in HUF can be found under the relevant link for information purposes.
“General Terms and Conditions” mean the equivalent of the present General Terms and Conditions as well as the amended versions thereof found under the link “Online Shop” relating to online shopping on web site www. vass.shoes.com.
“Arbitration Court” Permanent Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry (Address: 99 Krisztina krt., Budapest, H-1016)
“Consumer” as defined in the Hungarian Civil Code
“Order” means a request form correctly filled in and submitted under the link “Online Shopping” relating to online shopping on webpage www. vass.shoes.com. This order is the basis of the contract between the Parties.
“Customer” means a person who fills in the Order Form and buys the relevant Product.
“Hungarian Civil Law” means Act V of 2013 on The Hungarian Civil Code.
“Delivery packaging” means boxes, packing goods the Products are delivered in respectively all the other goods attached to the Product (shoelaces, product bag).
“Supplier” means the seller of the Product who carries out the delivery. The Supplier’s obligations are specified in the II. part of the present General Terms and Conditions.
“Product” means the good marketed for online shopping available under the link “Online Shopping” on webpage www.vass-shoes.com operated by the Supplier. Data on Products stated in the Web shop are for information purposes only and do not represent a binding offer.
“Confirmation” means the acceptance of the Order by the Supplier submitted by the Customer according to the present General Terms and Conditions.
“Web shop” means an online purchase possibility to be carried out under the link “Online Shopping” on web page www.vass-shoes.com operated by the Supplier for online shopping purposes as well as all the relating sub links by which the Customer can purchase the relevant Products from the Supplier placing the order through an online application.
“Contact center” means a helping line maintained by the Supplier supplying information on the products available in the Web Shop respectively all the relating services. The Contact Center is subject to fees and is available from 10.00 to 19.00 every workday on telephone number +36 1 780 7418 or via e-mail: info@vass-cipo.hu.
I. PREAMBLES
1. The Parties state that the Contract of Sales is concluded between the Customer as buyer and the Supplier as seller on the basis of the present General Terms and Conditions in the process of purchase in the Web Shop. The relevant product can be purchased online under the link “Online Shop” on website www.vass-shoes.com operated by the Supplier.
2. The Conditions of the purchase in the Web Shop may differ from and do not apply to purchases perfomed in other shops of the Supplier.
3. The Supplier: VASS SHOES
4. The most important data of the Supplier are the followings:
Full name of the company: VASS LÁSZLÓ KÉZIMUNKA CIPŐKÉSZÍTŐ KFT.
Registered seat: 2 HARIS KÖZ, BUDAPEST, H-. 1052
Trade registry number:
Place of business: 2 HARIS KÖZ, BUDAPEST, H-. 1052
Company’s branches: 6 HARIS KÖZ, BUDAPEST, H-. 1052
Telephone, fax numbers: +36 1 7807418, +36 1 3182375
Tax number: 12233551-2-41
Eu Vat number: HU12233551
Bank account:
IBAN code: HU86
Swift code: MAVOHUHB
Bank name: Sperbank Magyarország Zrt.
E-mail address of the Supplier: info@vass-cipo.hu
II. The Order Process
1. The order is considered as accepted if submitted via the link “WEB SHOP/ONLINE SHOP” found on webpage www.vass-shoes.com operated by the Supplier under the conditions stated there after registration. When placing an order the Customer shall accept the conditions of the present General Terms and Conditions otherwise the order shall be regarded as void.
2. In the registration process the Supplier may require data from the Customer such as name, e-mail address, telephone number, billing/delivery address etc., as well as other data. Having given the necessary data the Supplier sends the confirmation of the registration to the e-mail address of the Customer. After the acceptance of the registration the Customer can enter the Web Shop using his/her e-mail address and password. By registration the Customer may accept the Privacy Policy and Data protection stated on the Web Site and the treat of its data according to the terms thereof.
3. The compulsory data of the Order are as follows:
– specification of the required Products
– the amount of the ordered Product
– delivery address
– data of the Customer:
– in case the billing address is different from the one stated at the registration, the billing address shall apply.
– the price of the Product
4. Registration can be completed by providing all data required (name, availabilities, billing/delivery address in the process of placing an order). Having given the necessary data the Supplier shall send a confirmation to the e-mail address of the Customer verifying its registration as well as supplying information on how the Customer can change its data given at the registration later. After the confirmation of the registration the Customer can enter the Web Shop with his/her e-mail address and password stated at the registration.
To place an order the Customer shall fill in and submit the Order Form available under the link “Online Shop” on web site www.vass-shoes.com as follows: selection of the product, adding it to basket, filling in the Order Form with all the relevant data and the billing/delivery address, the finalization/submitting of order, payment (can be made by bank card via redirection to the safe payment system of OTP), payment, after payment redirection to web site www.vass-shoes.com, confirmation e-mail.
Having passed the order process the Customer submits a binding offer but the order shall be confirmed by the Supplier. In case the Supplier fails to send a confirmation within 48 hours the latest the offer of the Customer shall be non-binding. The Contract of Sales between the Customer and the Supplier is concluded when the Order has been confirmed.
5. In the event that the Order is not accepted by the Supplier or not accepted with the content stated on the Order Form it shall be provided in the Confirmation letter involving the conditions of the fulfillment of the Order by the Supplier. In this case the Customer is provided the opportunity to either accept or refuse the relevant conditions. If the Customer decides to accept the conditions, the Order shall be completed under the conditions stated in the Confirmation letter.
6. The Customer shall not have any claims against the above mentioned decisions of the Supplier. In case of the frustration of the Contract of sales between the Customer and the Supplier the transferred amount of money shall be returned within two work days by the Supplier.
III. TERMS OF PAYMENT
1. Prices attached to the Products are stated in Euros and related to the orders placed online in the Web Shop under the link “Online Shop” on web page www.vass-shoes.com operated by the Supplier. In each case the Price of the Product represents one single product (in case of shoes it represents a pair of shoes). Sales published in the Web Shop are related solely and exclusively to orders placed via online in the Web Shop but not to purchases performed in other shops of the Supplier. The Price represents the consideration of the Product; the Customer shall be charged additional costs for the delivery stipulated in section IV.
2. The Customer shall settle the Price of the Product by bank card via the payment system of OTP according to the regulations of the Privacy Policy and Data protection.
3. The Price of the Product is considered as paid in full when the consideration of the relevant Product has been credited to the account of the Supplier.
4. The Costumer may not set off any claims it may have against the Supplier from the payment obligations due under other contracts against claims of the Supplier payable for the goods delivered under the present General Terms and Conditions.
IV. Fulfillment of Orders, Delivery
1. The condition for the fulfillment of the order is that the Price of the Product shall be credited to the bank account of the Supplier. The ordered Products are dispatched by Fedex according to the terms and conditions as well as delivery fees relating to the contracts of delivery services stated under the link “Online Shop” on web page www.vass-shoes.com to the address given on the Order Form. Upon delivering the Product the consignment note is attached to the ordered Product by the Supplier by which the delivery can be tracked. The Customer acknowledges that Fedex is obliged to deliver the relevant Product exclusively, the Supplier is not liable for the delivery thereof and disclaims any liability relating to it. In case the Product is out of stock and/or is to be tailor-made the Price of the relevant Product shall be paid by bank card via the payment system available under the link “Online Shop” on web page www.vass-shoes.com. The Order is considered as fulfilled by the Supplier when the Products stated on the Order Form are taken over by the Customer at the delivery address or the delivery of the Product is frustrated. The rules relating to the services of Products to the Customer including the conditions and consequences of the frustration of the services are also included in the rules relating to delivery services of Fedex under the sub link “Online Shop” on web page www.vass-shoes.com. The Supplier states that in the event of the frustration of the delivery of the Product the Customer shall be liable for the frustration; the delivery shall be considered as performed and the Supplier may claim the Price of the Product and the Supplier disclaims any liability relating to the frustration of the delivery of the Product. In case in the relevant country any additional fee, such as custom fee is payable for the delivery of the Product the costs shall be borne by the Customer; the Supplier is not bound to pay any extra costs.
2. The risk relating to the Product passes to the Customer at the time of the handover-receipt or in case of the realization of the conditions for the frustration of the delivery of the Product.
V. CUSTOMER RIGHTS AND RESPONSIBILITIES
1. The Customer shall take over and simultaneously inspect the quality and the amount of the ordered Products immediately at the time stated in the Confirmation letter. In case of complaint the Customer shall inform the Supplier immediately by contacting the Contact Center without delay in a provable way.
2. Complaints on the amount of the Products can immediately be made after the receipt within maximum 48 hours. The Customer is entitled to make a complaint on the quality of the Products according to the rules and regulations on warranty and product guarantee of the Civil Code. In case the Customer is regarded as a Consumer sections 6:155-167 are related to warranty and sections 6:168-170 are related to product guarantee of the Civil Code respectively all regulations in connection with them are available under the sub link “Lack of conformity” under the link “Online Shopping” on web site www.vass-shoes.com. In case the complaint on quality proves justified the cost of supervision shall be borne by the Supplier.
VI. RIGHTS AND OBLIGATIONS OF THE SUPPLIER
1. The Supplier shall deliver the Product to the Customer in delivery packaging. The Orders are dispatched exclusively after the delivery fee has been credited to the bank account of the Supplier. After the delivery fee has been credited to the bank account of the Supplier it endeavors to dispatch the order within five work days from the date the order has been placed but the Supplier may decide to modify the time of the delivery stated in the Confirmation letter or to accept/confirm the order fully/partially respectively to refuse to accept it while considering the dispatch of other orders in progress. The Customer cannot set have any claims against the above mentioned decision of the Supplier. The Supplier shall inform the Customer on the delayed delivery. In connection with the delay the Customer cannot have any claims against the Supplier.
2. An electronic invoice shall be settled on the purchase and sent to the e-mail address of the Customer by the Supplier. Should the Customer have any complaint it shall be indicated to the Supplier within 2 days from the receipt via e-mail under the condition that any complaint relating to a properly settled invoice do not allow any moratorium to the Customer.
3. In case of return of the Product in conformity with section VIII. the Supplier is obliged to take back the Products purchased solely and exclusively from the Supplier.
4. The Supplier is not liable for any quality complaint in case the quality defect is caused by the improper use, delivery or storage of the relevant Product.
VII.WARRANTY
1. The Supplier warrants that the Products delivered to the Customer are suitable for human use and they are in accordance with the statutory Hungarian law.
2. After the receipt of the Products the Customer shall use them properly. The Customer shall be liable for any deterioration resulting from improper use and if it is found proved according to the Supplier’s decision the Product may not be taken back or taken back with a commensurate reduction of its Price.
VIII. CANCELLATION
1. In case the Customer is deemed and considered as a Consumer after the receipt of the Product he/she has the right to cancel the Order within 14 calendar days without having to specify any reasons on the basis of the regulations of Government Decree 45/ 2014 (II.26). The Customer may cancel the Order by filling in and sending the” Cancellation Form” available under the sub link “Lack of conformity” found under the link “Online Shopping” on web page www.vass-shoes.com via e-mail to the Supplier or simply by sending an e-mail with the Customer’s explicit statement to cancel the Order. The Customer may also exercise his/her cancellation right between the day of the conclusion of the contract and the day of the receipt of the Product. The cancellation right shall be considered as exercised within the prescribed time limit if the statement to cancel the Order is sent right before the deadline. The Customer shall prove that he/she has exercised its cancellation right in accordance with the abovementioned. Upon receiving the statement on the cancelation, the Supplier shall send a bill of return attached to which the relevant Product shall be returned to the Supplier.
2. The cancellation of the Order within the deadline results in the termination of the contract between the Parties on the basis of which the delivered Product and the paid Price shall be returned to the other Party.
3. In case the Customer cancels the contract the Product shall be returned in its original, unworn condition with the consignment note, if possible, in the original packaging attached to additional products immediately but maximum within 14 days from the statement of the cancellation personally or exclusively by Fedex shipping company to the Supplier’s shop at 6. Haris köz, Budapest, H-1052 (VASS CIPŐ). The Customer shall state the address correctly; any loss resulting from incorrect addressing shall be borne by the Customer.
4. The Supplier shall return the full purchase Price exclusively in case the Product is returned according to the conditions specified in section 3. If the Product has been worn the Supplier reserves the right to reduce the purchase Price with the proportionate value of the deterioration and to return only a commensurate part of the Price. The Customer –considering the Government Regulation of 45/ 2014 (II.26) – cannot exercise its right of cancellation in case of a not prefabricated Product manufactured by the Supplier according to the order and demands of the Customer or in case the Product has been tailored to and manufactured upon the demands of the Customer.
5. The Supplier may delay the reimbursement of the Price of the Product until the Product has been returned or it has been sent back to the Supplier respectively the Supplier has inspected that the Product is returned in its original, unworn condition and the return has been carried out according to the regulations set forth in the present General Terms and Conditions. The Supplier shall reimburse the Price of the Product within maximum 14 days. The costs of the return of the Product shall be borne by the Customer. The Supplier may reduce the Price of the Product with the cost of the return.
6. The Customer agrees that according to the statutory Government Decree he/she cannot exercise his/her cancellation right:
– in the event of products the prices of which are affected by the fluctuation of financal markets which may even occur within the deadline specified in section 20. § (2) and can not be influenced by the Supplier;
– in case of a not prefabricated Product manufactured by the Supplier on the order and demands of the Customer or in case of Products tailored to the demands of the Customer;
– in the event of perishables or products with short expiration date;
– in case of products with closed packaging that after opening cannot be returned for hygienic or health protecting reasons;
– in the event of products that after receipt will mingle with other products by nature;
IX. DATA PRIVACY AND PROTECTION
1. During their cooperation both the Customer and the Supplier are obliged to treat all information related to the other Party – especially but not exclusively to the business activity, business operation, financial data, products, prices, address, registered seat, availabilities and other personal data- with utmost confidentiality.
2. “Privacy Policy and Data protection” that is available in details under the link “Online Shop” on web page www.vass-shoes.com contains all information relating to data privacy and protection.
X. BRANDS AND INTELLECTUAL PROPERTY
1. Web page www.vass-shoes.com operated by the Supplier and all graphics, logos, photos that can be seen on it respectively the Web page itself as a data basis are the intellectual properties of the Supplier that can be used solely and exclusively with the prior consent of the Supplier according to the statutory copyright regulations. The Customer is not entitled to use the brands and intellectual properties of the Customer in any forms.
XI. AMENDMENTS OF THE GENERAL TERMS AND CONDITIONS
1. Any amendments made to the present General Terms and Conditions shall be stated on Web page www.vass-shoes.com by the Supplier highlighting the current amendments. The modified conditions apply to Orders placed following the amendments set forth in the present General Terms and Conditions.
2. In case of the amendment of any legal condition concerning the present General Terms and Conditions the new regulations form an integral part of the present General Terms and Conditions automatically.
XII. COMPLAINTS
1. Should any dispute arise from the application of the present General Terms and Conditions or Order the Parties shall attempt to settle it amicably. The Customer shall accept the fact that complaints are mainly treated through the Contact Center.
2. In case the complaint cannot be settled by the Contact center the Parties submit themselves to the decision of the Court of Arbitration.
3. In case the dispute fails to be settled by arbitration, the Parties submit themselves exclusively to the jurisdiction of the District Court of Budaörs. If the District Court of Budaörs has no competence to settle the dispute Buda Environs Regional Court will act on the issue.
XIII. MISCELLANEOUS AND CLOSING PHRASES
1. In case of any differences between the present General Terms and Conditions as well as any written or unwritten contractual condition, trade practice or business deal of the Customer the conditions set forth in the current General Terms and Conditions shall govern.
2. Relating to the present General Terms and Conditions as well as the Orders carried out on the basis of it the Hungarian Law shall apply and the language of the contract concluded between the Parties shall be written in Hungarian language.
3. The Customer shall not assign its Orders to a third Party without the prior consent of the Supplier.