GENERAL TERMS AND CONDITIONS (GTC)
Contents
7. Terms of payment and delivery
8. Implied and product warranty
10. Order of processing warranty and guarantee claims
14. Enforcing legal claims at the Arbitration Board, District Office or Court
The present GTC cover the service provided by the operator (sell below) of the Webshop at the www.najadefins.org domain and regulates the rights and obligations of the operator Undertaking (“Us” or “Seller”) and the registered visitor or customer of the Webshop (“You” or “Customer”) (collectively “Parties”) and information regarding the use of the service in accordance with the legal requirements.
If you wish to become a customer or active user of our Webshop, kindly read the General Terms and Conditions carefully and use our services only in case if you agree to all its terms and conditions and accept to be bound by them.
If you wish to place an order, you should explicitly accept the GTC and the payment obligation simultaneously with sending the order.
The contract is concluded between the parties according to the present GTC in the language you have chosen in the Webshop and/or in the Hungarian language. In case of a dispute, the Hungarian version of the GTC and the provisions of the Hungarian law shall prevail. Contracts governed by the following terms and conditions are considered distance contracts that will not be filed.
The cached version of the GTC in force when you place your order is retained for 5 years from the termination of the contract to meet our legal obligation. Our data processing activities carried out in the Webshop are governed by a separate notice which is available in the Data Protection Notice menu item.
We reserve the right to unilaterally modify the GTC. Purchases in progress are governed by the GTC in force at the time of placing the order, which enters into force on the date of uploading on the Webshop.
The GTC can be downloaded and printed from the relevant menu item of the Webshop.
Operator of the Webshop: ALPIN NAJADE-FINS KFT.
Registered address: 4034 Debrecen, Magyari u. 15.
Company registry number: 09-09-024669
Registered by Court of Registration of the Regional Court of Debrecen
Tax number: 24353797-2-09.
Community tax number: HU24353797.
Bank account number: HUF 11738008-21472998-00000000
EUR 11763385-57009885-00000000
Represented by János Moravecz, managing director
Tel: +36 20 933-8810, +36 30 942-4615
Website/Webshop: www.najadefins.org
Customer service contact: info@najadefins.org
Magyar Posta Zártkörűen Működő Részvénytársaság
Registered address: Budapest, 1138 Budapest, Dunavirág utca 2-6.
Postal address: Budapest 1540 Company registry number: 01-10-042463
Personal customer service office: 1101 Budapest, Üllői út 114-116.
Telephone: 06-1-767-8282
E-mail ugyfelszolgalat@posta.hu
DHL Express Kft. – Hungary
Registered address: 1185 Budapest, BUD Nemzetközi Repülőtér repülőtér 302. ép.
Company registry number: 01-09-060665
Tax number: 10210798-2-44
Telephone: Tel.: +36 1 2 45 45 45
Availability of the lines of business: https://www.logistics.dhl/hu-hu/home/kapcsolatfelvetel.html
GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.
Registered address: 2351 Alsónémedi
GLS Európa u. 2.
e-mail: info@gls-hungary.com
Company registry number: 13-09-111755
Tax number: 12369410-2-44
Community tax number: HU12369410
Telephone: +36 1 802 0265
Mobile: +36 20 890-0660
Hunicorn Nemzetközi Szállítmányozási Zrt.
Address. H-1102 Budapest, Szent László tér 20.
Telephone: +36-1-433-1313
Fax: +36-1-260-1056
E-mail: hunicorn@hunicorn.hu
Website: http://hunicorn.hu/
SimplePay service
Name of data processor: OTP Mobil Kft.
Mailing address of data processor: 1143 Budapest, Hungária körút 17-19.
Contacts of data processor: Tel: +36 1/20/30/70 366 6611, e-mail: ugyfelszolgalat@simple.hu
The nature and purpose of the data processing activities carried out by the data processor can be viewed in the SimplePay Data Protection Notice at the following link: http://simplepay.hu/vasarlo-aff
PayPal service
Name of data processor: PayPal (Europe) S.à r.l. et Cie, S.C.A.
Mailing address of data processor: Attention: Legal Department, 22-24 Boulevard Royal L-2449, Luxembourg
List of the data processor’s contacts: https://www.paypal.com/hu/smarthelp/contact-us
PayPal, as a financial service provider, is performing its data controlling activity in accordance with the data control notice published on its website (https://www.paypal.com/hu/webapps/mpp/ua/privacy-full).
The following products can be purchased in the Webshop: rubber fins, socks, other swim-related equipment. You can browse among the products for sale by product categories. In addition to the listed items, you can view the short description, price, unit price and other important features of certain products, without being exhaustive. If you would like to receive more information about a product, click on the image or the name of the product. You will be taken to the product page where you can get more detailed information about the product. Please note that if you do not see the option to select the quantity and the cart button in respect of a product, then the product is currently not in stock or cannot be ordered.
Warning: The images displayed on the product datasheet may differ from the actual product and are in certain cases for illustration purposes only.
We have designed our Webshop primarily for the comfortable and fast purchase of smaller quantities by individuals (up to 10 pairs of fins). Please contact us if you wish to order as a company, a sports club or any other organisation or in large quantities (info@najadefins.org).
Customers do not need to register in our Webshop in advance to place an order. Customers who have registered on our site can initiate shopping by entering the e-mail address and password in a way that they do not need to re-enter their data every time, and they also have the opportunity to retrieve previously purchased products easily.
Ordering process
The “cart” is shown both under the product appearing in the product categories and the product description, which allows you to specify the quantity you wish to buy and place it into the shopping cart. You can view your shopping cart by clicking the icon in the top right corner of the Webshop. Place the desired product in the quantity of your choice in the cart, and then you can decide whether to continue browsing or complete the order.
You can check the contents of the cart by using the Shopping Cart menu item. You can view and modify the quantity you want to order from the products placed in the cart. It is possible to empty the cart by reducing the quantity of the selected items to 0. If you want to place additional products in the cart, continue browsing among the products. If you decide to place the order, the shipping cost and the total sum payable will appear in the Shopping Cart menu next to the price of the products you wish to order. In this phase, you can specify the information necessary for shipping and billing and enter the coupon code for the discount price, if you have one. The shipping and billing addresses may be different, but only within a given country. If the situation is different, please contact us. Please fill in all fields and provide accurate data. We accept no liability for shipping or other problems resulting from inaccurate data. (The method of processing your personal data is described in the “Data Protection Notice” menu item.) Before proceeding, please accept our General Terms and Conditions and state that you acknowledge the payment obligation.
Then, you can send your order by clicking the “ORDER” button. If you want to place your order as a registered user, please log in your profile, and the system will automatically fill the order with the data you provided during registration, so please kindly check the data before sending the order.
Once you have sent your order, the screen will display the ORDER SUCCESSFUL confirmation text with the order below it. Then, you will receive automatic confirmation to the e-mail address you provided, which contains the details of the order. If you do not see the ORDER SUCCESSFUL text on the screen and then you do not receive an e-mail confirming the order to the e-mail address you provided, then the system did not accept the order. In such a case, please contact our customer service in the manner indicated above.
Using the data you provide, we may request additional data reconciliation in order to confirm the fulfilment of the order to verify that the order was indeed initiated by the person that filled the order form.
We send or e-mail confirming the processing of the order to the e-mail address you provided within 48 hours of the order. A contract is established between you and us by accepting in writing the order you sent. Pressing the Place Order button imposes a payment obligation on you, which must be fulfilled in the manner selected when placing the order.
The availability in PDF format of the version of the General Terms and Conditions in force at the time of the order is sent to you in the e-mail confirming the order.
Correction of data entry errors while placing the order
When placing the order, you have the option to change to data you have entered by clicking the “Delivery and Invoicing”. Please note that entering an inaccurate e-mail address, or full mailbox storage can result in a lack of confirmation of delivery, and therefore prevent concluding the contract.
Responsibility for the accuracy of the data provided
Please note that it is your responsibility that you provide accurate data because the invoice is created based on the data you provide, and delivery is made to the address provided. By sending the order, you acknowledge that we are entitled to pass on to you all the costs and damages arising from any data that you have incorrectly or inaccurately entered. We disclaim liability for performance based on inaccurate data entry.
The sales prices and unit prices indicated in the Webshop include the amount of VAT, while the sections of the Webshop in English or another language sow the gross prices in Euro (the optional currencies are the Forint and the Euro). Shipping costs that may arise are not included in the sales price and shown as a separate item depending on the selected country of destination and the calculated weight of the products in your shopping cart.
If, despite reasonable care, we display an incorrect price next to the product and the price of the product differs from the commonly accepted price, then we shall not be obliged, in accordance with the law, to sell the product at a price displayed incorrectly, however, we are obliged to offer the customer the possibility of purchasing at the correct price in the order confirmation. If you do not wish to accept this opportunity, you will have the right to withdraw from the contract unilaterally.
We reserve the right to change the prices of the products that can be ordered in the Webshop. The purchase price of the products already ordered shall not be affected by the price change.
We do not charge a special packaging cost. The shipping charges are a part of these Terms and Conditions and can be found under the Delivery Conditions menu item.
In addition to the discounts on sets, our Webshop periodically offers discount shopping opportunities in the form of coupons. In the case of coupon discounts, payment of the purchase price of the product in whole or in part is also possible by entering the coupon data on the Internet interface. The coupon code must be entered in the appropriate field within the validity period. Only one coupon can be used for one order, and the coupons cannot be combined. Other details of the terms of using the coupons are included in the conditions of the current coupon deal.
Payment options:
· Payment by advance transfer: If you choose advance transfer, we send you a prepayment request by e-mail, which contains the details of the order and the price to be paid. After receipt of your transfer to our bank account, we can start preparing your shipment for delivery.
· Online payment: You can shop in the Webshop in a way that you make an online payment to the debit of your bank card or PayPal account on the OTP Simple Pay and PayPal providers’ sites. To make the payment, you will be directed to the interface of your chosen provider. Further information on the data transfer is contained in the Data Protection Notice. PayPal payment is not possible in Hungary.
The PayPal system is preferable if you have an account opened (or which can be opened) there (PayPal account). You can proceed to online payment by clicking the Simple Pay or PayPal button. Then you should receive an e-mail with your order information within minutes or, in exceptional cases, 1-2 hours. If it does not arrive, please check the e-mail address provided or write to us (info@najadefins.org). You can no longer modify the order during the online payment phase. However, if you want to make a change, cancel the payment process and make a new order. If you want to change after the payment, contact us as soon as possible (see also in Chapter 3). Follow the instructions in the selected payment system. If you choose payment in the PayPal system, you can select to log in to your PayPal account or pay by using a bank card. After successful payment, you should receive a confirmation e-mail again. If the payment is unsuccessful for any reason, you can try again in three days by following the link in the first e-mail. Unpaid orders over three days will be deleted, and your order will be considered null and void.
Shipping Information:
We send an e-mail within one week after the successful payment to notify you about the shipping details or the estimated time of delivery. Delivery time is 3 to 10 working days from the acceptance of the order (varies by country). You have the right to amend or cancel the order until the shipment is dispatched (of which you will not be notified by e-mail). Indicate your intention in writing (info@najadefins.org). If you delete or change your order, we refund any amount already paid partly or fully by transfer (within a maximum of 14 days) as agreed. Therefore, please provide your bank account number. Delivery times vary by country and time periods, and we are unable to give an exact deadline. After sending, you can track the package based on the packet identifier yourself, or we can help at your request. If the packed arrives damaged, make sure to have a protocol taken thereof and make photos is possible. Since the products we supply are not fragile and cannot be easily damaged, accept the package with small injuries and inspect the products, preferably in the presence of the delivery-mane. Do not accept the package if the injury is such as to assume that the products are also damaged or arrived incompletely. In either case, let us know (info@najadefins.org) attaching the available documents and photos or if you discover any deficiency or discrepancies concerning the order after opening. Based on your notice, we take action to supply the deficiency, replace the product or pay damages.
Shipping tariffs:
Different shippers set different tariffs based on the size, weight and zone classification of the country concerned.
The Webshop calculates automatically based on the quantity, weight and size of the goods ordered and specifies the shipping cost taking these elements into account. Once the country is selected, the shipping costs are shown in the shopping cart menu.
In case of unsatisfactory performance, you may bring an implied or a product warranty claim under the provisions of the Civil Code.
You can bring the implied warranty claim against our Undertaking. In case of an implied warranty claim, you may request the replacement of the product. Repairing the product we sell is not possible having regard to the nature of the product, so if you do not wish to exercise the right of replacement, you may demand price decrease or, ultimately, withdraw from the contract.
Within six months after the performance, exercising the implied warranty rights has no conditions other than announcing the defect if you demonstrate that the product or service was sold or provided by our Undertaking. However, after six months following the performance, you will be obliged to prove that the defect you detected had already existed at the time of performance.
You can switch from the implied warranty claim to another, however, you must bear the costs of such change, except it was justified, or the company gave rise to it.
You are obliged to announce the defect immediately after it is discovered, but no later than within one month after such discovery. However, please note that you may no longer enforce your implied warranty rights after a two-year period of limitation from the completion of the contract.
In the case of a product defect, you may exercise your implied warranty right or bring a product warranty claim.
Within the scope of the product warranty, you may only request replacement of the defective product.
A product is considered defective if it does not meet the quality requirements at the time it is placed on the market, or it does not comply with the quality description provided by the manufacturer.
You may exercise your product warranty rights within 1 year after the product was placed on the market. After this deadline, you lose this right.
You may only exercise your rights related to product warranty against the manufacturer or the distributor of the movable property. In the case of product warranty claims, you are the party required to prove the defect of the product.
The manufacturer (distributor) shall only be relieved of product warranty obligation if it can prove that:
- The product was not produced or placed on the market within its business activity, or
- When the product was placed on the market the defect could not be discovered due to the state of scientific and technical knowledge at the time, or
- The defect in the product is arising from the application of legislation or a mandatory official regulation.
For exemption, it is sufficient if the manufacturer (distributor) presents only one reason.
Please note that you may not validate an implied warranty claim and a product warranty claim for the same defect in parallel.
In the case of defective performance or according to the law, the guarantor is obliged to provide a guarantee, which is a term identical with the colloquially known notion of warranty.
The Undertaking is obliged to provide a guarantee for new durable consumer products defined in Government Decree 151/2003. (IX. 22.) with a value above 10,000 HUF.
A guarantee claim may be enforced during the guarantee period. If the guarantor fails to fulfil his obligations in due time when so requested by the obligee, the guarantee claim may be enforced before the court within three months after the deadline set out in the request even if the guarantee period has already expired. This deadline shall apply with prejudice. The legal provisions on exercising implied warranty rights shall be duly applied concerning the enforcement of guarantee claims. The guarantee period is one year.
The guarantee period shall begin on the date the Consumer good is delivered to the Consumer or on the day it is put into service if such act is performed by the Undertaking or its representative. Please contact the manufacturer with any warranty claims after one year!
Guarantee may be enforced in addition to the warranty rights (implied and product warranty).
When enforcing warranty or guarantee claims, the Customer must prove the existence of the contract by presenting the receipt or invoice in proof of the purchase.
Guarantee may be enforced on condition that you notify us without delay after its detection at the info@najadefins.org address, describing the problem (thank you for sending photo illustration) and the data of the purchase and receipt. Do not return the product in question without notice! In our response, we determine the further actions to be taken but, in general, we proceed as follows:
- In the case of fins, taking into account cast saving aspects, we generally do not request a return of the entire fin, but only cut-out parts thereof that can be returned as a letter (in an envelope). Please cut out by the problematic part (1) and the part containing the logo, size and the manufacturer’s sign (2) and shown in the figure below.
In the case of the fin socks and other products, please return the product. Based on the product returned as per our request, we reserve the right to assess the validity of the guarantee. If necessary, we can ask for an external expert opinion. You will be notified in of our findings in writing. In case the complaint is justified, we replace the product free of charge. In the event of disagreement, we seek an out-of-court agreement, but you have the right to turn to the competent court as indicated below.
The Undertaking is obliged to taken minutes of the warranty or guarantee claim notified to it (submitted by e-mail or post, or orally), which contains:
a) The name and address of the Customer and his statement that he consents to processing his data recorded in the minutes according to the Decree,
b) The designation and purchase price of the movable property sold under the contract between the Customer and the Undertaking,
c) The date of completion of the contract by the Undertaking,
d) The date the defect is notified,
e) A description of the defect,
f) The right the Customer wants to exercise based on his guarantee or warranty claim, and
g) the manner of settling the guarantee or warranty claim or the grounds rejecting the right intended to be enforced based on the claim.
If it cannot be fulfilled at the time the protocol is taken, the Undertaking must send the Customer information on whether it is possible to perform the guarantee or warranty claim within 5 days.
The Undertaking is obliged to keep the minutes taken on the Customer’s warranty or guarantee claim for three years after it was recorded, and present it to the supervising authorities on request.
The announcement of the warranty or guarantee claim does not constitute a complaint under the Consumer Protection Act.
The Undertaking endeavours to complete the replacement within no more than fifteen days.
No contract terms may be stipulated to the detriment of the Customer, and any such provision shall be replaced by the relevant statutory provisions.
Under the rules of Government Decree 45/2014. (II. 26.) on Distance Contracts, the provisions of this section apply only to customers who are consumers.
According to Hungarian and international law, You have the right to withdraw your purchase offer, without giving any reason, from sending the order until the contract is concluded, which terminates the commitment to conclude the contract. From the date of conclusion of the contract, you are entitled to withdraw from the contract within 14 days of the receipt of the goods.
You should notify your intention to withdraw in writing (info@najadefins.org) by e-mail before the expiry of the above deadline, confirming the date of receipt. You can also submit us the data necessary to notify your intention to withdrawal by using the Withdrawal Form.
Based on your notice to exercise the right of withdrawal, we refund you the total amount paid as the consideration, including the expenses incurred concerning performance, immediately and no later than within fourteen days from becoming aware, in the same payment method that you used.
We can use another payment method based on your express consent, but you will not incur any additional fee consequently.
We will not be required to reimburse the extra costs if you opted for a type of delivery other than the least expensive type of standard delivery.
We cannot fulfil the refund obligation until the product is returned to us or we receive credible proof from you that the product has been returned. In the case of a discrepancy between the two dates, the earlier date should be taken into account.
Within 14 days of the notification of the intention to withdraw, you must ensure that the product is returned, provided, that the related costs shall be borne by you.
We do not accept packages returned with cash on delivery. In the case of the products supplied by us, you have the right to open the packaging and try the product. You will be liable for any diminished value of the product resulting from the use of the Product other than what is necessary to establish the nature, characteristics and functioning of the product.
You may not exercise the right to withdraw in respect of products in sealed packaging that may not be returned after opening following delivery for health or hygiene reasons;
You can lodge a complaint against our Undertaking by sending a letter by post to our registered address or an e-mail sent to the electronic mail address of our customer service or orally at our telephone customer service or in our stores.
The following is necessary to record the complaint:
a) the Consumer’s name and home address,
b) the place and date and the mode of lodging the complaint,
c) a detailed description of the Consumer’s complaint, a list of the documents and other proof presented by the Consumer,
d) the statement of the Undertaking as to its position concerning the Consumer’s complaint, if the complaint can be investigated immediately,
e) the signature of the person drawing up the minutes and of the Consumer, except if the complaint is made orally on the telephone or by other means of electronic communications,
f) the place and date of taking the minutes,
g) the individual identifier if the complaint was lodged orally by telephone or by other means of electronic communication.
We investigate oral complaints promptly and remedy them as necessary. If you disagree with the handling of the complaint or if investigating the complaint is not possible immediately, we draw up minutes of the complaint and the relevant position without delay, which will be sent to the customer together with the response to the complaint at the latest. Complaints received in writing will be investigated, and a substantive response will be provided within 30 days of receipt. We provide reasons if we reject the complaint.
The complaint together with the response will be retained for five years of the date the complaint is recorded.
Our business strives to settle its legal disputes primarily amicably.
According to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR; hereinafter, the “Regulation”), the European Commission has created an online dispute resolution platform which can be used by consumers and traders since 15 February 2016 in the case of a consumer dispute between parties entering into online sales or service contract. The scope of the Regulation extends the traders established in the Union and having their registered address in Hungary, which are concerned by online sales or service contracts if a consumer dispute arises in connection with an online sales or service contracts concluded between it and a consumer. To be able to use the online dispute resolution platform, you must first register in the European Commission’s system. Following registration in the European Commission’s system, you can access the online dispute resolution platform by using the following link: http://ec.europa.eu/odr After loading the page, select the language you want, log in and follow the instructions on the page.
If we reject your consumer complaint, you are entitled to address the Arbitration Board. Proceedings before the Arbitration Board may be initiated only if the Consumer has attempted to settle the complaint directly with the Undertaking concerned. The Consumer is entitled to initiate proceedings at the Arbitration Board competent for its home address or domicile. Based on the relevant legislation, the operator of the Webshop is obliged to participate and cooperate in the conciliation procedure.
The contact data of the Board can be found on the www.bekeltetes.hu site at the https://www.bekeltetes.hu/index.php?id=testuletek link.
In the case of cross-border consumer disputes linked to online sales or service contracts, all Arbitration Boards operated by the county (metropolitan) Chambers of Commerce may proceed, observing the legal conditions on jurisdiction.
If the webshop did not process the consumer’s complaint or quality complaint at all or in accordance with the law or has made any other mistake in violation of consumer rights, the consumer may turn to the district office competent for his residence. The list of district offices competent by the residence ad their contact data are available on the www.jarasinfo.gov.hu site. In some cases (such as in case of certain violations involving webshops), the procedure is conducted by the district offices of the county seats.
Arbitration Board competent based on the registered address of the Undertaking (Arbitration Board operated by the Hajdú-Bihar County Chamber of Commerce and Industry, seat: 4025 Debrecen, Petőfi tér 10., place of administration: 4025 Debrecen, Vörösmarty u. 13-15., telephone: 06-52-500-710, 06-52-500-745, fax: 06-52-500-720, e-mail: bekelteto@hbkik.hu)
We endeavour to settle any possible disputes through negotiations. If it is not possible to settle the dispute through negotiation, we stipulate the exclusive jurisdiction of the District Court of Debrecen.
Please read our Data Control Notice, which gives a detailed description of our data control practice according to the EU General Data Protection Regulation and your rights and possibilities related to the protection of the consumers’ personal data.
Copyright
The website constitutes a copyrighted work so that all its parts are under copyright protection. Any material from the website and its database may only be reproduced, even with the written consent of the copyright holder, if the website is referenced and the source is indicated as well.
Severability. Code of conduct
If any of the provisions of the GTC is legally incomplete or ineffective, the remaining provisions of the contract shall remain in effect, and the ineffective or incorrect parts shall be replaced by the applicable relevant legislation.
The Seller does not currently apply a code of conduct based on the Act on the Prohibition of Commercial Practices that are Unfair to Consumers.
Related legislation
Matters not regulated herein shall be governed by the provisions of the following legal regulations in force from time to time:
· Act V of 2013 on the Civil Code,