Barion Pixel
EN

GTC

www.borsuttogo.hu

Entry into force, general rules

  1. These General Terms and Conditions (hereinafter: GTC) shall enter into force on 01 December 2017 and shall remain in force until revoked.
  2. In the present GTC, BORSUTTOGÓ Trade and Service Limited Liability Company (registered office: 1138 Budapest, Marina sétány 1. 8. floor. 805., company registration number: 01-09-723609, tax number: 13204981-2-41) is hereinafter referred to as the Service Provider, while the party in a contractual relationship with it is referred to as the Customer, and the Service Provider and the Customer are collectively referred to as the Parties.

In the case of the Webshop, the Customer is any legal entity or unincorporated business entity or other organization, as well as natural persons who register on the Website, create their own user account and their registration is accepted by the Service Provider. The Webshop is open to all registrants who accept the provisions set out in these GTC and consider themselves bound by them. For the purposes of these GTC, a consumer is any natural person acting outside the scope of his/her profession, self-employed occupation or business activity, while an undertaking is any person acting outside the scope of his/her profession, self-employed occupation or business activity. The Service Provider reserves the right to modify or amend the terms and conditions of the GTC applicable to the Webshop from time to time, in whole or in part.

Establishment of the contract

  1. The contract is concluded by registering on the Service Provider’s website and accepting the GTC, the Contracting Parties do not enter into a separate written contract with each other.
  2. The Customer acknowledges that as a result of the order placed on the borsuttogo.hu website in accordance with the GTC, the sales contract concluded electronically between the Customer and the Webshop is concluded in respect of the ordered product in accordance with Section 6:82 of Act V of 2013 on the Civil Code (hereinafter: Civil Code).
  3. A valid registration is a prerequisite for the purchase in the Webshop, at the same time the Customer considers and accepts the GTC and the provisions set out in these Regulations as binding. The official language for the conclusion of the contract concluded electronically and for the subsequent conclusion of the contract is Hungarian.

Registration

  1. Only registered Customers may purchase Products in the Webshop. The Customer undertakes to provide factual and verifiable information on the registration page and is obliged to notify any changes to the information without delay.
  2. The Service Provider will notify you electronically of the authorisation of the registration. The Service Provider shall be entitled to register more than one user of the Customer, but the access and rights of the users must be authorised in writing by the Customer in the form of a company.
  3. The Customer shall ensure that access is for its own purposes only. In particular, he must ensure that no unauthorised person has access to his user name and password. In the event of unauthorised persons gaining knowledge of the data, the Customer shall notify the designated employee of the Service Provider in order to restrict unauthorised access.
  4. The customer does not have the right to demand its registration. The Service Provider may, without prior notice or justification, deny the Customer the right to access the Website if the Customer
    • provided false information during registration;
    • misused or affected the usefulness of the information on the website;
    • breached these registration conditions or violated your obligation to provide login information;
    • has not visited the Service Provider’s website for a long period of time;
    • has been declared insolvent by a final decision, has been declared bankrupt or is the subject of winding-up proceedings or has had its tax number suspended or cancelled by a final decision of the tax authorities.
  5. The Customer may at any time request in writing the cancellation of his/her registration, provided that this does not have any effect on the ongoing contractual relationship. In this case, the Service Provider shall inactivate all personal data of the Customer and data collected during the transactions, if they are no longer needed.
    • The data required for registration are: company name/name, tax number, registered office/address, telephone number, e-mail address, password
    • The Service Provider reserves the right, upon receipt of orders, to classify the orders placed as invalid in case of suspected abuse.
    • Registration is done by entering the necessary data indicated in section III.6. and the password. The Service Provider creates the Customer’s user account upon activation. The Customer can access his own user account after entering his user name and password. The password and the delivery and billing data can be changed at any time after login.
    • The Customer is free to choose from the range of products in the Service Provider’s Webshop after logging in.
    • The Service Provider reserves the right to refuse or withdraw the Customer’s registration without giving any reason, in particular if the registration was created or is intended to be created by providing false or incomplete information or if the Service Provider detects any abuse.

The Products

  1. The subject of the contract can be any of the goods, i.e. Products, on the borsuttogo.hu website. The properties and characteristics of the Products can usually be found on the specific page of the Product.
  2. These provisions apply to all electronic commerce services provided in Hungary through the Webshop.
  3. The Product descriptions on the Product page are for information purposes only and do not always contain all the information about the Product.
  4. After registration, the Service Provider can provide the Customer with access to purchase Products, view previous purchases and modify the data provided.
  5. It is not possible to modify data concerning an ongoing order via the Webshop, in case of a possible complaint, the Service Provider must be contacted.
  6. Purchases in the Webshop can be made by placing an order electronically, as set out in these GTC, as follows. Orders placed by fax, e-mail or letter are not accepted by the Webshop.
  7. On each Product page you can select the characteristics and quantity of the Product you wish to order. The Customer can find out the characteristics of the goods to be purchased from the product description. The Webshop may limit the order quantity that can be placed for each Product.
  8. Click on the “ADD TO CART” icon to add the selected product to your cart. You can continue, modify, delete or finalise the purchase process by clicking on the buttons in the shopping cart indicating the functions you have selected.

If the Customer has any further questions regarding the Products, he/she may send his/her question to sugo@borsuttogo.hu 102e-mail address and receive detailed information from the Service Provider.

Order, confirmation

  1. These GTC are deemed accepted if the Customer orders the product from the Webshop, registered and logged in with a user account. The Supplier will inform the Customer of the order by e-mail confirmation. The contract between the Parties is concluded upon confirmation of the order.
  2. If the confirmation is not received by the Customer within a reasonable period of time, depending on the nature of the service, but no later than 48 hours after the order has been sent, the Customer’s obligation to make an offer shall cease. The order and its acknowledgement shall be deemed to have been received by the Service Provider or the Customer at the time when it becomes available to him.
  3. The Service Provider excludes its liability in the event that the confirmation is not received by the Customer because the e-mail address provided by the Customer during registration is incorrect or the storage space of the account is full and cannot receive messages.
  4. The Customer acknowledges that Products purchased in the Service Provider’s Webshop cannot be resold.

Payment terms

  1. The price shown next to the Product is the gross purchase price of the Product, including value added tax (VAT). The purchase prices shown next to the Products do not change between the time the order is placed and the time the Product is received, so the Customer pays the price that is shown on the site when placing the order.
  2. In the event that, despite the Webshop’s best efforts, an incorrect price is indicated on the Webshop, the Webshop is not obliged to sell the Product at the incorrect price. In such a case, the Webshop may offer to sell the Product at the correct price and, if the Customer does not accept it, the Customer may cancel the order and withdraw from the purchase.
  3. The price on the Webshop does not include the cost of delivery and packaging.
  4. The delivery fee for both Budapest and rural addresses is HUF 3.000,-, which will be informed in the Webshop when placing the order, and which the Customer acknowledges by choosing the delivery method.
  5. Delivery is free of charge for orders over 22.900,- HUF.
  6. Payment is made by cash or credit card on receipt of the package.
  7. The invoice will be handed over to the Customer personally by the courier appointed by the Service Provider upon receipt of the Product.
  8. Delivery of the parcel is subject to the Customer paying the courier the full purchase price.

Payment by credit card

Through our webshop, you have the option to pay for the products ordered by credit card. Payment is made through Barion’s online payment system via a secure, encrypted channel.

Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.

The regulations governing Barion’s online payment system are available here. The Service Provider excludes all claims relating to or arising in connection with Barion’s system or any claims for compensation or indemnification.

Delivery conditions

  1. The Customer acknowledges that the Service Provider delivers within the European Union.
  2. For deliveries to rural addresses, the Service Provider will deliver within 48-72 hours of the order.
  3. For deliveries to Budapest and its 10 km radius, the Service Provider will deliver within 48-72 hours from the order.
  4. The Product will be delivered by the Service Provider to the Customer at the delivery address specified in the order using courier service. The Customer acknowledges that the time of delivery is between 8 a.m. and 4 p.m. on weekdays.
  5. Delivery is not possible on weekends and public holidays.
  6. The Customer acknowledges that the Service Provider can only fulfil orders for persons over the age of 18. In case of doubt, the courier commissioned by the Service Provider may ask the Customer to provide proof of age before delivering the goods. The courier may not deliver a parcel containing alcoholic beverages to a person under 18 years of age.
  7. Delivery will normally be made the working day after the order is placed, but this may vary depending on the delivery location and other circumstances.
  8. If the courier fails to pick up the parcel during the delivery, the courier will notify the Customer and will attempt to deliver the parcel again. Any additional information on the circumstances or other conditions of delivery indicated by the Customer as a comment will in any case be provided by the Service Provider to the courier service, but the Service Provider cannot verify that the courier taking delivery takes them into account.
  9. If the second delivery is not successful and the failure is due to the fault of the Customer, the costs of the second delivery shall be borne by the Customer.
  10. At the time of delivery, the Customer is obliged to check the parcel in detail and to ensure that the items on the invoice correspond to the products ordered and delivered. If any problem arises in this respect, the Customer shall immediately contact the Service Provider’s customer service to rectify the error.
  11. In case of defective performance, the Customer shall sign the receipt. After that, the Service Provider is not in a position to accept any complaints regarding defects.

Termination of the contract

  1. The automatic cancellation of the Customer’s registration at his request or due to a breach of contract will result in the termination of the contract.

Withdrawal

  1. The Customer may exercise his right of withdrawal without giving any reason within 14 (fourteen) days from the date of receipt of the Product. The Customer may exercise its right of withdrawal by means of an express declaration to that effect or by means of the model declaration attached as Annex No. to these GTC. The right of withdrawal shall be deemed to have been exercised within the time limit if the Customer sends his declaration to the Service Provider before the expiry of the 14-day time limit.

The notice of withdrawal must be sent to the Service Provider at the following address: 1023 Budapest, Ürömi utca 24-28.

  1. If the Customer withdraws from the contract, the Service Provider shall immediately, but not later than 14 (fourteen) days after becoming aware of the withdrawal, refund the total amount paid by the Customer as consideration, including the costs incurred in connection with the performance, in cash.
  2. The Supplier may withhold the amount specified in point 2 until the Customer has returned the Product or has proved beyond reasonable doubt that he has returned it, whichever is the earlier.
  3. If the Customer withdraws from the contract, the Customer shall return the Product immediately, but no later than 14 (fourteen) days from the date of withdrawal, or hand it over to the Service Provider or to a person authorized by the Service Provider to receive the Product. The return shall be deemed to have been completed within the time limit if the Customer returns the Product before the expiry of the time limit.
  4. The Customer shall bear only the direct cost of returning the Product.

Warranty, guarantee

If the Product ordered and delivered is defective, and the defect occurred before the receipt of the Product, or the Product was damaged during delivery, the Customer must notify the Service Provider within 24 hours of receipt at the e-mail address sugo@borsuttogo.hu. The Service Provider will accept the Product returned by the Customer only in its original condition and packaging, in a complete, qualitative and quantitative condition, with an invoice.

Accessories warranty

  1. In the event of defective performance by the Service Provider, the Customer may assert a claim for warranty against the Service Provider in accordance with the rules of the Civil Code.
  2. The Customer may, at its option, make the following warranty claims: in the first instance, replacement (or, where applicable, repair), unless the Customer’s choice of one of these claims is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of its other claims. If the Customer has not requested or could not have requested the replacement (or repair), it may request a proportionate reduction of the consideration (or, where this is reasonable, it may have the defect repaired or replaced at the Supplier’s expense) or, as a last resort, may withdraw from the contract.
  3. The Customer may switch from one warranty right to another, but the cost of the switch shall be borne by the Customer, unless it was justified or the Service Provider gave a reason for it.
  4. The Customer shall notify the Service Provider of the defect immediately after its discovery, but not later than 2 (two) months after the discovery of the defect. The Customer shall not be entitled to enforce its rights of warranty beyond the two (2) year limitation period from the date of performance of the contract.
  5. The Customer may assert a warranty claim against the Service Provider.
  6. Within 6 (six) months from the date of performance, the Customer’s claim for warranty shall be subject to no other conditions than the notification of the defect, if the Customer proves that the Product was provided by the Service Provider. However, after 6 (six) months from the date of performance, the Customer shall be obliged to prove that the defect which it has discovered existed at the time of performance.

Product Warranty

  1. In the event of a defect in the Product, the Customer may, at its option, assert a warranty claim or a product warranty claim.
  2. As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
  3. A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
  4. The Customer may assert a Product warranty claim within 2 (two) years from the date of placing the Product on the market by the manufacturer. After this period, the Customer shall lose this right.
  5. The Customer may only exercise its warranty rights against the manufacturer or distributor of the Product. The Customer acknowledges that it is for the Customer to prove the defect of the Product in the event of a product warranty claim.
  6. The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
    • manufactured or placed the Product on the market in the course of its business, or
    • the defect was not detectable according to the state of science and technology at the time it was placed on the market, or
    • the defect in the Product results from the application of a legal or regulatory requirement.

The manufacturer (distributor) only needs to prove one reason for exemption.

  • The Customer acknowledges that he/she may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time. However, the Customer may, in the event of a successful product warranty claim, assert a warranty claim against the manufacturer for the replaced product.

Good standing

3.1 During the warranty period, the Service Provider shall be liable for defective performance in accordance with the terms and conditions set out in these GTC. The Service Provider shall be exempted from the warranty obligation if it proves that the cause of the defect arose after the performance of the service. 3.2 A warranty claim may be asserted within the warranty period. The warranty period shall begin on the date of receipt of the Product by the Customer.

  1. The Service Provider warrants the Products to be free from defects for a period of 1 (one) year, unless otherwise provided for in a case-by-case agreement. The Service Provider’s warranty obligation shall cease if the Products are broken by the Customer.
  2. The Customer acknowledges that it may not assert a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but otherwise the Customer shall have the rights arising from the guarantee irrespective of the rights set out in clauses X.1. and X.2.

Responsibility

  1. The Service Provider shall not be liable in any way for any material or non-material damage resulting from the use of the Website, unless it is caused intentionally or as a result of gross negligence, bad faith or damage to life, limb or health.
  2. The Service Provider shall not be liable for any direct or indirect, material or non-material damage until it has been proven beyond reasonable doubt that the damage was caused by the Service Provider and that the damage was foreseeable as a possible consequence of the breach of contract at the time of conclusion of the contract. Contractor’s liability for intentionally caused breaches of contract and for breaches of contract causing damage to human life, limb or health shall be governed by the Civil Code.
  3. The Service Provider shall not be liable for any delivery delays or other problems or errors resulting from incorrect or inaccurate data. The Service Provider shall not be liable for any damages resulting from the Customer forgetting his password or if it becomes accessible to unauthorized persons for any reason beyond the control of the Service Provider.
  4. The Service Provider excludes its liability for fraud committed by a third party at the expense of a Customer. In the event of any form of breach of the rules by the Customer, the Service Provider may declare his registration or purchase invalid and the Customer shall be obliged to accept it.
  5. The Service Provider shall not be liable in any way for any incorrect performance resulting from incorrect information provided during the purchase.

Using the Webshop safely

  1. Purchasing from the Webshop implies the Customer’s knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The Customer is fully responsible for all orders and other transactions in which his/her data are used. In this respect, it is the Customer’s responsibility to ensure that his/her data is properly managed.
  2. The Service Provider is not responsible for the errors detailed in the points below:
    • a malfunction in the Internet network that prevents the uninterrupted operation of the Web Store and the ability to shop on the Web Store,
    • any failure of any receiving equipment on the communication lines,
    • any software not working properly,
    • the consequences of any program or technical error.
  3. In the event of force majeure or any other event which, through no fault of the Service Provider, hinders or delays the normal course of performance (or the elimination of an existing delay), the performance deadline shall be extended by the duration of the hindrance and, exceptionally, if the circumstances beyond reasonable doubt justify the Service Provider’s lack of fault, the Service Provider shall be fully or partially discharged from its performance obligation. The Service Provider shall inform the Customer immediately of the occurrence and termination of the hindrance. In the event of force majeure, the Service Provider shall be entitled, without prejudice to its other rights, to withdraw from the contract in whole or in part if such events are not of insignificant duration and/or lead to a significant reduction in its requirements and/or the maintenance of the contract causes other significant damage to the interests of the Service Provider.
  4. It is the responsibility of the customer to assess how to protect the data stored on their computer from intruders. The Customer is solely responsible for connecting to and shopping on the Web Store.

Copyrights

  1. The texts, images, graphic content, audio documents, animations and videos on the Service Provider’s website, as well as the instructions for these, are protected by copyright and other protective rights.
  2. The Service Provider reserves all rights to the content it has created.
  3. Copying, distribution, transmission, modification or any other use of the website (electronic or otherwise) for public or commercial purposes, in whole or in part, without the prior permission of the Service Provider is prohibited.
  4. This applies in particular to trademarks and branding, type plates, logos and emblems of the Service Provider. No licence is granted through the website to use the intellectual property of the Service Provider or third parties.
  5. Under no circumstances shall the use of the Services result in the source code being reverse-engineered, reversed or in any other way infringed by anyone in any way of the Service Provider’s intellectual property rights. It is also prohibited to adapt or reverse engineer the contents of the www.borsuttogo.hu website or any part of it; to create user IDs and passwords in an unfair manner and to use any application that allows the Website or any part of it to be modified or indexed.

Complaints handling

  1. The Customer may lodge a complaint directly with the Service Provider by sending a written complaint to the following address: sugo@borsuttogo.hu
  2. The Service Provider shall be obliged to deal with the objection and notify the Customer within 48 hours of the verifiable receipt of the objection at the latest.
  3. If it is not appropriate for the Customer to raise the above objection, or if the Service Provider’s reply is not satisfactory, or if the Service Provider does not reply within the time limit, the Customer is entitled to lodge a complaint with the consumer protection authority.
  4. The National Consumer Protection Authority’s consumer information leaflet on the most important things to know about online shopping is available here (http://www.nfh.hu/magyar/hasznos/vasarlas/internetes/internet.html)
  5. The customer has the right to apply to the competent conciliation body for out-of-court settlement of consumer disputes concerning the quality of the services and the contract.
  6. The Customer shall have the right to take legal action and shall be entitled to enforce its claim before the courts in civil proceedings in accordance with the provisions of the Civil Code Act and the Civil Procedure Act.

Data protection

  1. In accordance with the legal provisions on electronic commerce services and information society services, the Service Provider processes the natural person identification data and the address of the user necessary for the identification of the user for the purpose of creating, defining the content, amending, monitoring the performance of, invoicing the fees arising from and enforcing claims in connection with the contract for the provision of services by electronic means.
  2. The processing is based on the consent of the Customer, so the acceptance of these GTC as a condition of the conclusion of the contract between the parties also implies the express consent to the processing of personal data provided by the Customer by the Service Provider. No third party other than the Service Provider is involved in the processing and processing of the data.

The deletion of personal data processed by the Service Provider is possible upon the express request of the Customer. The Service Provider’s privacy statement is set out in Annex 2 to these GTC.

Other conditions

  1. With regard to the Customer’s rights and obligations arising from the contract, the Civil Code. 6:202.§ of the Contractor’s obligations under the Contract shall be possible only by a written contract approved and signed by the Service Provider.
  2. The Service Provider is free to change the terms and conditions of the purchase, rules and the offer and promotions of the Webshop at any time. The change will take effect from the date of the announcement in the Webshop, and will not apply to previous orders. In addition to the above, the Service Provider shall not be obliged to notify the changes or to provide any justification for them.
  3. The Parties agree that any mail duly posted to each other’s address by registered mail with acknowledgement of receipt in connection with their contractual relationship shall be deemed to have been delivered to the other Party even if the mail could not be delivered or the other Party did not become aware of it, on the fifth working day following the date on which the first attempt was made to deliver the item by post or, if this cannot be ascertained, on the date on which the second attempt was made to deliver the item by post or, if this cannot be ascertained or no second attempt was made to deliver the item by post, on the date on which the undelivered item was returned to the sender by the post office. The Parties agree to accept e-mail as a basic form of written communication between them in the course of their day-to-day business, in addition to the cases provided for by law.
  4. These GTC are exclusive; the Service Provider shall not recognise any contractual or general business terms and conditions of the Customer that are contrary to or different from these GTC, unless the validity of such terms and conditions has been expressly approved in writing. These GTC shall also apply if the Customer has accepted the performance of the Product or paid the purchase price for the Product to the Service Provider in the knowledge of its terms and conditions to the contrary or of terms and conditions other than these GTC. The Contracting Parties shall be subject to the provisions of the Civil Code. 6:63 (5) of the Contractual Agreement.
  5. These GTC contain all the terms and conditions of the cooperation and legal relationship between the Parties, and any previous agreements not included in these GTC shall be null and void. Verbal agreements, in particular contractual agreements, subsequent amendments to these GTC and any supplementary agreements, made after the conclusion of the contract, shall also require written confirmation by the Service Provider in order to be valid.
  6. The Parties shall in all cases attempt to settle any disputes amicably through conciliation. If this does not lead to a successful outcome, they shall initiate mediation as a first resort to resolve the dispute. In the absence of an agreement to this effect, the Parties shall submit to the jurisdiction of the Székesfehérvár District Court or the Székesfehérvár Court of Justice, depending on the value threshold.
  7. The parties are bound by the Civil Code. 6:25 of the Contract of the Parties and shall also regulate the demand for payment as a circumstance interrupting the limitation period.
  8. Only the Parties and third parties expressly authorised by their contractual relationship shall be entitled to claim the services provided for by the contract. Third parties not expressly authorised by their contractual relationship shall not be entitled to claim the service provided for in this contract.
  9. In matters not regulated in these GTC, the provisions of the Civil Code and other applicable Hungarian legislation in force at the time, in particular the following legislation, shall prevail:
    • Act CVIII of 2001 on certain aspects of electronic commerce services and information society services;
    • Act CLV of 1997 on Consumer Protection,
    • Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses;
  10. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected and the provisions that have become invalid shall be replaced by provisions that are closest to the original economic objectives of the Service Provider.
  11. Failure by the Service Provider to exercise any of its rights under these GTC or the aforementioned legislation shall not be deemed a waiver of such right, except for an express waiver of any right notified in writing by the Service Provider.

2017.11.02.

Annexes:

  1. Annex 1: Model withdrawal declaration
  2. Annex No.1: Data Protection Statement

Annex 1.

Sample withdrawal declaration

“(fill in and return only if you wish to withdraw from the contract)

Addressee: ……………………………………………………………………………………………………………….

I/We, the undersigned, declare that I/we exercise my/our right of withdrawal in respect of the following contract for the sale of the following product(s):

……………………………………………………………………………………………………………………………

Date of conclusion of contract / date of receipt: ………………………………………………………………..

Name of consumer(s): ……………………………………………………………………………………………….

Address of the consumer(s): ……………………………………………………………………………………………….

Signature of the consumer(s): (for paper declarations only) …………………………………….

Celtic…………………………………………………………………………………………………………………….. “

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