GENERAL CONTRACT AND USE TERMS
Effective: April 18, 2018.
If you wish to be a customer or an active user of our online store, please read our General Terms and Conditions carefully and only use our services if you agree with all of their points and consider them binding on you. This document will not be filed, it will be concluded only in electronic form, so an online sales contract is created. The concluded contract cannot be revoked later, and it does not refer to a code of conduct. If you have any questions regarding the operation of the online store, the ordering and delivery process, we are available at the contact details provided!
1. Operator data and information
Company name: Motion Textil Trade and Service Limited Liability Company
Short company name: Motion Textil Kft.
Headquarters: 1162 Budapest, Csömöri út 265.
Location – shop address: 1162 Budapest, Csömöri út 265
Tax number: 23454572-2-41
Company register number: 01-09-275543
Issuing company court, document office: Company Court of the Capital Court
Contract language: Hungarian
Email address: theblushwebshop@gmail.com
Telephone contact: +36 70 674 6330
Delivery partner, names of partners: GLS courier service
Possibility of personal collection: 1162 Budapest, Csömöri út 265.
Orders are processed on weekdays: between 8 a.m. and 3 p.m
Average order fulfillment time given in working days: 5
Web store domain: https://theblush.hu
Represented by: Erika Szűcs
2. Complaints handling
Complaint handling location: 1162 Budapest, Csömöri út 265.
Complaint handling method: in person, by e-mail or by telephone
Contact data for reporting complaints: name of customer, order number, type and description of complaint.
Mailing address: 1162 Budapest, Csömöri út 265
Email address: theblushwebshop@gmail.com
Phone number: +36 70 674 6330
In the event of a consumer dispute, you can contact the following bodies:
Budapest Conciliation Board
1016 Budapest, Krisztina krt. 99. III. em. 310. / Mailing address: 1253 Budapest, Pf.: 10.
E-mail address: bekelteto.testulet@bkik.hu / Fax: 06 (1) 488 21 86 / Telephone: 06 (1) 488 21 31
Traffic Offices
From January 1, 2017, complaints can be addressed primarily to the regionally competent district offices. Contact information: http://jarasinfo.gov.hu/
Online Dispute Resolution Forum – Platform
On the basis of Regulation/EU 524/2013 of May 21, 2013 of the European Parliament and the Council on the online settlement of consumer disputes (Regulation), the European Commission created an online dispute resolution platform. According to the Regulation, disputes arising between consumers residing in the European Union and service providers established in the European Union in relation to obligations arising from online service contracts, and therefore communication aimed at the out-of-court settlement of financial consumer disputes related to online contracts, must be provided to consumers via this platform . The online dispute resolution platform is available to consumers from February 15, 2016.
Link to the Online Dispute Resolution Forum:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=HU
3. Hosting provider
Hosting provider company name: Contabo.com.
Storage provider headquarters / address: Contabo GmbH
Aschauer Straße 32a
81549 Munich
Germany.
Hosting provider e-mail address: +4989356471770, support@contabo.com
4. Description of the subject of the contract
The characteristics of the purchased goods can be found in detail on the information page related to the specific goods. We are not responsible for possible inaccuracies in the description, the images shown are illustrations in some places. The purchase price is always the gross price indicated next to the selected item, sometimes supplemented with net price information on the product pages. The indicated prices do not constitute a direct quotation. Our company is not responsible for any damages resulting from typos.
5. Range of products and services available for purchase
In the online store, we distribute clothing products and accessories. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products. The images displayed on the product data sheet may differ from the real ones and may be used as illustrations. We are not responsible for the difference between the image displayed in the webshop and the actual appearance of the product.
6. The offered products can be categorized as follows:
Bottoms, Tops, Dresses, Sets, Accessories. The prices displayed for the products are gross prices, which include the statutory VAT, but do not include the home delivery fee. No separate packaging costs will be charged!
7. Order information
The purchase is also possible without registration.
8. Processing of orders
Orders are processed on working days between 8 a.m. and 3 p.m. The order it is also possible to place the order outside of the times indicated as processing, if it is done after the end of working hours, it will be processed the following day. In each case, our customer service confirms in a separate e-mail message when it can fulfill your order. General deadline, 5 working days from confirmation. The images displayed on the product data sheet may differ from the real thing, in some cases they are shown as illustrations. Our company is not responsible for any changes in the technical specifications without prior notice due to reasons beyond the supplier’s control. We reserve the right to partially or completely reject orders that have already been confirmed. Partial fulfillment can only take place after consultation with the customer! If the purchase price of the product is settled in advance, the amount will be returned to the sender. If you do not receive a confirmation to the e-mail address provided after sending the order, we recommend checking the SPAM (junk e-mail) folder in your e-mail system. If you have not received the confirmation, please contact us at the contact details provided.
9. Order process
9/1. Place the product you want to buy in the basket using the “Add to basket” button
9/2. If you do not wish to purchase an additional product, please check the quantity of the product you wish to purchase. You can delete the contents of the basket by clicking the “empty basket” button. If you change the quantity you want to buy, click the “update cart” button after changing the quantity.
9/3. Please enter your contact details and billing address using the “Proceed to checkout” button.
9/4. When entering invoicing data, please fill in all mandatory elements accurately to avoid possible misunderstandings.
9/5. Fill in the Enter delivery address field if it is different from the billing address. Click the “Continue” button!
9/6 Choose a delivery method: Please select the delivery method of your choice. Home delivery with GLS Courier Service or personal pickup at TheBlush Showroom (1162 Budapest, Csömöri út 265.; Mon-Fri 08:00-16:00). Click the “Continue” button!
9/7 Specifying the payment method: Cash on delivery, i.e. cash payment in the case of home delivery, upon receipt of the shipment by a member of the GLS courier service. Cash, i.e. personal collection, at a pre-arranged time in TheBlush salon. Payment by bank card, i.e. payment by bank card in the case of home delivery, upon receipt of the shipment by a member of the GLS courier service. Click the “Continue” button!
9/8. On the overview page, you will find the main data of your order summarized (name of the ordered product(s), quantity, shipping cost, net and gross amount of the order to be paid). Please accept our General Terms and Conditions by ticking the box once you have read its contents!
9/9 After that, you can send your order by clicking on the “Order” button, but before that, check the entered data once more, and you can also send a comment with your order. After sending the order, you can change the order data by contacting our Customer Service.
9/10. After sending the order, you will receive a confirmation to the specified e-mail address that the order has been received in our system.
It is also possible to send the order without registration! It is important to ensure the accuracy of the data, as the product will be invoiced and delivered based on the data provided. Please take special care to enter your contact information accurately. In the case of an incorrectly entered email address, we cannot deliver the confirmation of receipt of the order. If you do not find the confirmation in the inbox, check the SPAM folder as well. If the phone number is entered incorrectly, we will not be able to contact you. Inaccurately or incompletely provided connection data may make it impossible to complete the order.
10. Home delivery, information
Orders from our online store are delivered by the GLS courier service. Packages are delivered on working days between 8 a.m. and 6 p.m. If you are not staying at the specified location during this period, it is advisable to enter a place where you can certainly receive the shipment as a delivery address (if possible). The courier service will attempt to deliver twice.
11. Home delivery rates
Delivery cost (per order) uniformly gross HUF 1,690 to the territory of Hungary.
For orders over HUF 40,000 gross, delivery is free.
12. Payment acceptance methods
Cash on delivery: If you wish to settle the value of the order upon receipt of the package, select the “Cash on delivery” payment method. In this case, you can pay in cash for the work of the GLS courier service when you receive the package
at rsa.
Cash: If you want to settle the value of the order with cash, choose the “Cash” payment method. In this case, you can pick up the package at a pre-arranged time at TheBlush salon.
Credit card payment:
Online with bank card payment (with Barion)
Online bank card payments are made through Barion’s system. The bank card data will not reach the merchant. The service is provided by Barion Payment Zrt., an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013
Payment by bank card is also possible in the case of home delivery, when the package is picked up by a member of the GLS courier service, or in the case of on-site collection.
Bank transfer (advance payment): only possible before receiving the goods. As soon as the amount arrives in our bank account, we will fulfill your order immediately. Important: when making a bank transfer, enter your order number in the comments section! Company name: Motion Textil Kft., Bank account number: 10300002-10544742-49020026 MKB Bank.
13. Call regarding the receipt of packages
By sending the order, you are obligated to pay. Only order the desired products if you can pay the courier the fee when you receive the package. In the case of undelivered, returned packages, we can only resend them if the package’s value is transferred in advance – settled! In the case of damaged packages, always make a report with the carrier and do not accept the package.
14. Warranty, warranty information
151/2003 on the mandatory warranty for individual products. (IX. 22.) are the governing provisions. The warranty claim can be asserted with the invoice confirming the payment. The warranty period is one year from the date of delivery to the consumer. A warranty claim cannot be asserted if the defect is the result of improper use or storage that is not specified in the operating instructions, or is the result of a cause outside the product, or the product has already been repaired by someone else, or if the repair becomes impossible by the manufacturer, the seller or for a reason beyond the scope of service. 49/2003 regarding the management of warranty and guarantee claims asserted within the framework of the consumer contract. (VII.30.) The guidelines are contained in the GKM decree.
14/1. Accessories warranty
In which case can you exercise your accessory warranty right?
In the event of defective performance by Motion Textil Kft., you can assert a warranty claim against the company in accordance with the rules of the Civil Code.
What rights are you entitled to based on your warranty claim?
You may – according to your choice – make use of the following accessory warranty claims: You may request a repair or replacement, unless the fulfillment of the claim you have chosen is impossible or would involve disproportionate additional costs for the company compared to the fulfillment of other demands. If you did not or could not ask for the repair or replacement, you can request a proportional reduction of the compensation, or you can repair the defect at the company’s expense, or have it repaired by someone else, or – as a last resort – you can also withdraw from the contract. You can transfer from your chosen accessory warranty right to another, but you will bear the cost of the transfer, unless it was justified or the company gave a reason for it.
What is the deadline for asserting your warranty claim?
You are obliged to report the error immediately after discovering it, but no later than within two months of discovering the error. At the same time, we would like to draw your attention to the fact that you can no longer assert your accessory warranty rights beyond the two-year limitation period from the completion of the contract. In the case of a used item, this deadline should be inserted if the deadline is shorter than two years, but no more than one year.
Who can you enforce your accessory warranty claim against?
You can enforce your accessory warranty claim against the company.
What other conditions are there for asserting your accessory warranty rights?
Within six months from the date of performance, there is no other condition for validating your accessory warranty claim other than reporting the defect. However, after six months have passed since the performance, you are already obliged to prove that the defect you recognized was already present at the time of performance.
14/2. Product warranty
In which case can you use your product warranty right?
In the event of a defect in a movable object (product), you may – at your choice – enforce your right defined in point 1 or a product warranty claim.
What rights do you have based on your product warranty claim?
As a product warranty claim, you can only request the repair or replacement of the defective product.
In which case is the product considered defective?
The product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.
What deadline does it apply to?
your weekly product warranty claim?
You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, you will lose this right.
Against whom and under what other conditions can you enforce your product warranty claim?
You can only exercise your product warranty claim against the manufacturer or distributor of the movable item. You must prove the defect of the product in the event of a product warranty claim.
In what cases is the manufacturer (distributor) exempt from product warranty obligations?
The manufacturer (distributor) is only released from its product warranty obligation if it can prove that:
The product was not manufactured or marketed as part of its business activities, or
According to the state of science and technology, the defect was not detectable at the time of marketing
The defect of the product results from the application of legislation or mandatory official regulations
It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Please note that due to the same defect, you cannot assert a claim for accessory warranty and product warranty at the same time, in parallel with each other. However, if your product warranty claim is successfully asserted, you can assert your accessory warranty claim for the replaced product or repaired part against the manufacturer.
15. Information on the exercise of the right of withdrawal/termination
You have the right to withdraw from this contract without giving reasons within 14 calendar days. The cancellation deadline is 14 calendar days from the day of receipt of the product. If you wish to exercise your right of withdrawal, you must send a clear statement of your intention (e.g. by post, fax or electronic mail) to the following address: 1162 Budapest, Csömöri út 265. (Mon-Fri 08:00-16:00), or to theblushwebshop@gmail.com email address.
For this purpose, you can also use the attached declaration of withdrawal sample. You exercise your right of withdrawal within the deadline if you send your withdrawal statement before the deadline indicated above. The consumer bears the burden of proving that the 45/2014. (II. 26.) exercised the right of withdrawal specified in § 20 of the Government Decree in accordance with the provisions of the Decree.
Legal effects of withdrawal/termination
If you withdraw from this contract, we will refund the purchase price paid by you immediately, but at the latest from the date of receipt of your cancellation statement, but no later than 14 calendar days after the cancellation. our company will not refund shipping costs. The refund is made by transfer to the bank account number attached to the withdrawal statement. We can withhold the refund until we have received the product back, or you have provided creditable proof that you returned it in perfect condition: the earlier of the two dates must be taken into account. You must return or hand over the product to us without undue delay, but at the latest within 14 calendar days from the date of communication of your cancellation statement. The deadline is considered met if you send the product before the 14-day deadline. You bear the direct cost of returning the product. We are unable to accept cash-on-delivery packages. You can only be held responsible for the decrease in value of the product if it occurred due to use exceeding the use necessary to determine the nature, properties and operation of the product. A video recording of the product’s arrival status can be made to clarify any disagreements later.
The consumer is not entitled to the right of withdrawal/termination:
The Buyer may not exercise his right of withdrawal if he has already started using the ordered product for its intended purpose.
In the case of a product whose price depends on financial market movements and fluctuations that cannot be controlled by the company.
It was produced specifically at the request of the consumer, according to his unique request based on the needs he had set.
In the case of products with closed packaging, which for health protection or hygiene reasons cannot be returned after opening the protective packaging, or their reuse becomes impossible.
CLV of 1997 on consumer protection. According to § 2 paragraph a) of the Act, in the case of an invoice issued in the name of a business company (kft., bt.), individual entrepreneur, civil organization, church legal entity, or other organization or business group, the Customer may not refuse the purchase, since the relevant is not considered a Consumer by law.
Process of returning goods
If you do not want to keep the purchased product (in case of exchange or cancellation), the return process is as follows:
– Fill in the withdrawal statement, in which you enter your intention.
– Exchanges and refunds are only possible against the invoice, so please include it in the package to be sent.
– Return the package to the address of the Medoo salon: 1162 B
udapest, Csömöri út 265. We can only process packages arriving at this address.
You can download the withdrawal statement by CLICKING HERE.
16. Data management statement
The data of the online store operating under the domain name www.medoo.hu is managed by Motion Textil Kft. Data is provided on a voluntary basis with the consent of the data subject. Entering and processing the data is necessary to fulfill the order so that the orders can be separated from each other and their contents can be identified. The data controller handles and stores the provided data in accordance with Act CVIII of 2001. It does everything for their security and inviolability and when handling them in accordance with Act LXIII of 1992 on the protection of personal data and the disclosure of data of public interest. acts on the basis of the law. DPD Hungária Kft., our delivery partner for the ordered product, can learn the provided delivery data for the delivery of the package.
Data to be provided to send and record the order
Name, e-mail address, phone number, postal code, town, street, house number, floor, door
In the case of a different delivery and billing address, these data can be entered separately for billing and delivery.
Statistics
During browsing of the online store, technical information is recorded for statistical purposes. (IP address, duration of visit, etc.). Motion Textil Kft. will only hand over this data to the authorities in legally justified and substantiated cases. The statistical tool used by Motion Textil Kft. is Google Analytics. The data management guidelines of Google Analytics can be found on the website http://www.google.com/analytics.
Cookies
Cookies must be enabled to use the service. If you do not want to allow the use of cookies, you can disable them in your browser settings (Settings menu item). If cookies are disabled, certain elements of the service can only be used partially or not at all. A cookie is a file that is sent by the web store server to the user’s browser and stored on the user’s computer. No personal data is stored in the cookie. The data stored in the cookie: basket contents, session ID, answer to the question whether you are over 18 years old. The session identifier stored in the cookie was stored until the page was closed, and the additional data was deleted by the user in his browser.
Order details
Data recorded during the order is used by Motion Textil Kft. to fulfill the order. The data of the invoice created by the individual IT systems from the order placed on the web store pages are recorded and stored with the data provided during the order placement, for the period specified in the accounting law in force (5 years). You can request the deletion or modification of your data at any time in writing to Motion Textil Kft.’s email address or one of our contact details. The data will be deleted within 10 working days after receiving the request. It is possible to correct data entry errors before sending the order. After the order has been sent, you can contact us to request the correction of data entry errors.
17. You can take legal action
National Data Protection and Freedom of Information Authority
Postal address: 1530 Budapest, Pf.: 5. / Address: 1125 Budapest Szilágyi Erzsébet fasor 22/c
Phone: +36 (1) 391-1400 / Fax: +36 (1) 391-1410 / URL: http://naih.hu
18. Other provisions, information
In matters not regulated in these general terms and conditions, the Civil Code, 45/2014. (II. 26.) Government Decree and CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. TV. its provisions shall govern. By browsing the pages of the online store and placing your order, you accept Motion Textil Kft.’s general terms and conditions and data management statement. To download and view the printer-friendly version of this document, CLICK HERE (T&C)
19. Copyrights
The website of Motion Textil Kft. is subject to copyright protection. All or parts of the content displayed on the website may be used, printed, reproduced, distributed, stored and transferred in any form for a purpose and to an extent other than your own personal use only with the prior written permission of Motion Textil Kft.
20. Validity
The provisions of these business regulations – including the terms and conditions for delivery and ordering – as well as the prices indicated on the website, are valid only and exclusively for purchases in the online store (ordering via the Internet).
21. Other
There is no other code of conduct in force at the online store, and these Terms and Conditions do not refer to any other code of conduct.
Date: April 18, 2018 Version number: v1.3 kkk