General Terms and Conditions

GENERAL TERMS AND CONDITIONS

The date of entry into force of the General Terms and Conditions (hereinafter " GTC "): 10.01.2023 and will remain in effect until revoked.

 

The content of the contract between the Customer and the Web Store (hereinafter: " Contract ").

the unique conditions created between the Customer and the Online Store during the purchase process and these General Terms and Conditions are determined together.

The Online Store is entitled to unilaterally modify these General Terms and Conditions, in addition to informing the Buyer in advance on the Website. The modified provisions become effective for the Customer upon the first use of the Website after they come into force, they must only be applied to orders placed after the modification. The GTC amendment is not retroactive.

 

Concepts

Parties: Online store and Buyer together.

Webstore : a contracting party to these GTC, an organization or an individual entrepreneur, Service Provider.

Website : the electronic interface operated by the Webstore, on which the Contract is concluded.

Consumer: a natural person acting outside the scope of his profession, independent occupation or business activity who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers related to the goods.

Contract : the sales contract between the Online Store and the Customer created through the use of the Website.

Product( s ) : negotiable movable thing/things that can be taken into possession for sale included in the Website's offer, which may be the subject of the Contract in the event of an order by the Buyer.

Customer : a person entering into a Contract by making a purchase offer through the Website, who can be either a consumer or an organization that is not considered a consumer (legal entity or other organization that is not classified as such).

2. Introduction

2.1. The information provided on the website does not constitute an offer to enter into a contract on the part of the online store. In the case of orders falling within the scope of these General Terms and Conditions, the Buyer is deemed to be the offeror based on the law, the Online Store accepts the Buyer's offer and thus the Contract is established between them.

2.2. An order placed through the Website is not considered a legal declaration made in writing, but rather a legal declaration made by referring to it, so the Contract concluded electronically between the Customer and the Online Store is not considered a written contract, they are not filed by the Online Store, so it cannot be accessed or viewed afterwards.

2.3. Only the Web Store, i.e. the Service Provider, is entitled to amend the General Terms and Conditions, and also reserves the right to make changes, repairs, maintenance on the Website or to change the domain at any time without prior warning.

2.4. Orders can only be placed via the website . The Webshop cannot fulfill orders placed in other ways.

2.5. The Buyer acknowledges and accepts the contents of these General Terms and Conditions and the specific terms and conditions for the purchase of the specific Product(s) by the indicative behavior demonstrated during the use of the Website (e.g. checking a checkbox and/or clicking the button to start an order).

2.6. The Web Store is not subject to the provisions of the code of conduct.

3. Applicable legislation

3.1. The interpretation of this Agreement is governed by the laws of Hungary, with regard to the following laws:

• CLV of 1997. law on consumer protection,
• LXXVI of 1999 law on copyright,
• CVIII of 2001 Act on certain issues of electronic commercial services and services related to the information society,
• CXX of 2011 Act on the right to self-determination of information and freedom of information,
• Act V of 2013 on the Civil Code,
• 45/2014. (II.26.) Government Decree on the detailed rules of contracts between the consumer and the business,
• 373/2021. (VI. 30.) Government decree on the detailed rules of contracts between consumers and businesses for the sale and purchase of goods, as well as for the provision of digital content and digital services,
• 10.1. 45/2014. (II. 26.) Government Decree § 20,
• 19/2014. (IV.29.) NGM decree on the procedural rules for managing warranty and guarantee claims for things sold under the contract between a consumer and a business,
• 373/2021. (VI. 30.) Government decree on the detailed rules of contracts between consumers and businesses for the sale and purchase of goods, as well as for the provision of digital content and digital services,
• Directive 2011/83/EU of the European Parliament and of the Council,
• REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (April 27, 2016) on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, and on the repeal of Regulation 95/46/EC,
• REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (February 28, 2018) on action against unjustified territory-based content restrictions and other forms of discrimination based on the customer's nationality, place of residence or establishment within the internal market, and 2006/ 2004/EC and Regulation (EU) 2017/2394, as well as amending Directive 2009/22/EC.

4. Purchase conditions

4.1. Shopping on the website does not require registration.

4.2. Data protection information (….)

4.3. For a buyer

• Consumers are those who are citizens of a member state within or outside the European Union, or who reside in a member state within or outside the European Union, or
• the company that has a place of establishment in a member state and buys goods or uses services for the sole purpose of end use within or outside the European Union.

4.4. The Buyer is obliged to provide his real data. The Service Provider is not responsible for any damages incurred in the event of an order placed with untrue data (wrong, inaccurate information).

4.5. By making a purchase on the website, the Customer declares that he has read and accepts the terms and conditions of the Contract and the Data Management Information published on the Website, and consents to data management.

4.6. The Service Provider bears no responsibility whatsoever for delivery delays or other problems or errors that can be attributed to incorrect and/or inaccurate data provided by the Customer.

5. Products and Services

5.1. Products can only be purchased online. In addition to the prices of the products, the shipping cost must be paid, which also includes the packaging cost. The displayed prices are in HUF.

5.2. The Service Provider displays the name, size, photos and other features of the product. The Service Provider assumes no responsibility for the product image and the actual appearance of the product, as well as for any deviations in the data specifications.

5.3. In the case of a promotional price, the Service Provider informs its Customers about the method and time of its use, with a notice posted on the Website.

6. Order process

6.1. By clicking on the name of the Product, the Buyer will be informed about additional information; about the properties, characteristics and price of the Product.

6.2. Selecting the desired Product(s), setting the number of pieces, placing the Product(s) in the Cart with the inscription "Add to Cart".

6.3. The Buyer checks the contents of the Basket by clicking the Basket button. The contents of the Basket can be changed as desired, the number of pieces can be modified or deleted.

6.4. To send the order, the Customer selects the delivery location on the Cart page, then clicks the "proceed to Checkout" button and enters the following information: name, billing and delivery information.

6.5. The Buyer selects the delivery and payment method.

6.6. Sending the order creates a payment obligation for the Buyer.

7. Processing and fulfillment of orders

7.1. After the purchase, the Online Store sends the confirmation of the order to the Customer together with the invoice issued using the Billingo service. If the confirmation is not received on time because the Customer has entered an incorrect e-mail address, or the Customer cannot receive messages due to the storage space belonging to his account being full, the Online Store excludes its responsibility for the failure of the Customer's order and the failure to conclude the contract.

7.2. If the Customer has already sent his order to the Online Store and notices an error in the data in the confirmation e-mail, he must notify the Online Store within 1 day, in order to avoid the fulfillment of orders containing unwanted or incorrect data.

7.3. The Web Store takes the greatest care when indicating the price of the Products and the description of the Products. However, it may still display a price significantly different from the regular market price of the Product (sale) and/or an unrealistic price (0 HUF, 1 HUF, etc.) due to an IT device/software error. In this case, the Online Store is entitled not to accept the offer created at an unrealistically low price.

7.4. The Webstore issues an invoice for the purchase and sends the invoice to the Buyer by e-mail and/or places it in the package. The invoice is issued on the Billingo Online Invoicing interface; Billingo Technologies Zrt., 1133 Budapest, Árbóc utca 6. I. floor, Company registration number:

01-10-140802, registered by the Commercial Court of the Capital District Court.

Order confirmation

7.5. In case of successful payment, the order is confirmed via email, which is automatic. The Customer receives information about the successful order: "order processed" and about the sent order: "order fulfilled".

8. Payment

8.1. The Purchaser can settle the purchase price of the Product(s) selected by the Purchaser with several payment solutions. The Service Provider informs the Customer about the currently available payment solutions in several places in the Web Store (e.g. with icons) and when ordering the specific Product.

8.2. The total amount of the order can be paid using the following payment methods:

- PayPal : PayPal enables any business or individual with an email address to send and receive payments online securely, conveniently and cost-effectively. PayPal (Europe) S.à rl et Cie, SCA is a credit institution (or bank) authorized and supervised by the Luxembourg financial regulator, the Commission de Surveillance du Secteur Financier (or CSSF). CSSF has its registered office at 283, route d'Arlon, L-1150 Luxembourg. Company registration number: RCS Luxembourg B 118 349.

- Barion : The Web Store redirects the Buyer to the Barion secure payment guarantee interface, where he pays for the Product. Online bank card payments are made through Barion's system. The bank card data will not reach the merchant. Barion Payment Zrt. is an institution under the supervision of the Magyar Nemzeti Bank, license number: H-EN-I-1064/2013, institutional identifier: 25353192.

9. Transport

9.1. The Service Provider informs the Customer about the currently available delivery methods and their prices and other conditions when ordering the specific Product. The Service Provider has the right to order a new delivery method for the Website at any time.

9.2. Home delivery. Currently, all deliveries are made using the Magyar Posta service. The Posta informs the Buyer about the arrival of the shipment in advance.

9.3. After the conclusion of the Contract, the Online Store is obliged to make the Product available to the Customer (deliver) within 3-7 days on average, but within 30 days at the latest.

9.4. Depending on the type of Product(s) ordered, the Online Store will deliver the Customer's order as soon as possible to the delivery company specified in the delivery method. The actual delivery time may vary depending on the method chosen.

9.5. The Web Store has the right to withhold delivery of the Product(s) until it is satisfied that the Customer has successfully paid the price of the Product using the electronic payment solution.

10. Right of withdrawal

10.1. 45/2014. (II. 26.) Pursuant to § 20 of Government Decree and on the basis of Directive 2011/83/EU of the European Parliament and the Council, the Consumer has the right to withdraw from the contract without giving reasons within 14 days from the date of receipt of the Product in the case of a contract for the sale of the Product , you can return the ordered product.

10.2. The Consumer may also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the Product.

10.3. The cost of returning the Product to the address of the Webstore is borne by the Consumer. The Web Store will not accept the package returned by cash on delivery. Apart from the cost of returning the Product, the Consumer will not be charged any other costs in connection with the cancellation. The Web Store does not undertake the handling of returns.

10.4. Exclusion of the Consumer's right of withdrawal in the following cases:

• with regard to a product with closed packaging, which cannot be returned after opening after handover for reasons of health protection or hygiene,
• in the case of a non-prefabricated product, which was produced based on the instructions or at the express request of the consumer,
• in the case of a contract for the provision of services, after the completion of the service as a whole, if the company began the performance with the express prior consent of the consumer, and the consumer acknowledged that he loses his right to cancel after the completion of the service as a whole,
• with regard to the digital data content provided on a non-material data carrier, if the business has started the performance with the express, prior consent of the consumer and the consumer has simultaneously declared with this consent that he/she will lose his/her right to cancel after the start of the performance.

10.5. In the case of a written cancellation, it shall be considered valid if the Consumer sends his statement to this effect within 14 calendar days (even on the 14th calendar day) to the Online Store.

10.6. The Consumer sends the statement of withdrawal to the Online Store electronically.

10.7. The consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the specified provisions.

10.8. The Web Store is obliged to confirm the receipt of the Consumer's withdrawal statement by e-mail within a reasonable period of time.

10.9. The Online Store may demand reimbursement of depreciation and reasonable costs resulting from use exceeding the use necessary to determine the nature, properties and operation of the Product. Therefore, the Consumer must pay particular attention to the intended use of the product, because the Consumer is responsible for compensation for damages resulting from improper use!

10.10. If the Consumer withdraws from the contract, the Webstore will refund all the consideration provided by the Consumer (Product price), including the cost of transportation (paid for delivery) immediately, but no later than within 14 days of receiving the Consumer's withdrawal statement.

10.11. The Online Store has the right to withhold the refund until the Product has been returned, or the Consumer has provided credible evidence that he has returned it: of the two, the Online Store will consider the earlier date.

10.12. During the refund, the Webstore uses the payment method used during the original transaction.

11. Warranty and guarantee

You're wrong

11.1. A Product is considered defective if it does not meet the quality requirements in force at the time it is placed on the market or if it does not have the properties described by the manufacturer.

11.2. It is not considered defective performance if the right holder knew or should have known about the defect at the time of the conclusion of the contract.

Accessories warranty

11.3. In the event of faulty performance by the Web Store, the User may assert a warranty claim against the Web Store pursuant to the Civil Code and Art. 373/2021. (VI.30) According to the rules of the Government Decree.

11.4. The User is obliged to report the error to the Web Store immediately after discovering it, but no later than two months after the error was discovered.

11.5. The Web Store guarantees a 1-year warranty in all cases for the Products it sells.

11.6. The User can assert his accessory warranty claim directly against the Web Store.

11.7. The User may - at his or her choice - make use of the following accessory warranty claims: he or she may request repair or replacement, unless the fulfillment of the claim chosen by the User 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 the User can repair the defect at the company's expense, or have it repaired by someone else, or - as a last resort - withdraw from the contract. The User may switch from his accessory warranty right to another, but the cost of the switch shall be borne by the User, unless it was justified or the company provided a reason for it.

11.8. Within 6 months from the completion of the contract (12 months in the case of the purchase of goods containing a digital element), there is no other condition for validating your accessory warranty claim, apart from reporting the defect, if you prove that you purchased the Product from the Online Store (by presenting an invoice or a copy of the invoice).

11.9. If the Web Store can prove that the cause of the error was caused by a cause that can be blamed on the User, it is not obliged to accept the warranty claim made by the User.

Product warranty

11.10. The Product must comply with the description, quantity, quality, and type included in the contract, as well as have the functionality and other characteristics specified in the contract.

11.11. The Product must be suitable for any purpose specified by the User, which the User brought to the attention of the Web Store at the latest when the contract was concluded, and which the company accepted.

11.12. To the Product it must have the accessories and instructions that the User can reasonably expect - including packaging and installation instructions.

11.13. The Product must comply with the characteristics and description of the service presented as a sample or model or made available as a trial version by the Web Store prior to the conclusion of the contract.

11.14. In the case of goods containing digital elements, the online store must ensure that the consumer is notified of such updates to the digital content of the goods or the related digital service - including security updates - which are necessary to maintain the contractual nature of the goods, and must also ensure that the consumer you get them too.

11.15. As a product warranty claim, the User may only request the repair or replacement of the defective product. The User must prove the defect of the product in the event of a product warranty claim.

11.16. The User can assert his product warranty claim within two years from the date of the product being placed on the market by the manufacturer. After this deadline, you will lose this right. After discovering the defect, you must notify the manufacturer of the defect without delay. An error communicated within two months of the discovery of the error must be considered communicated without delay. The User is responsible for damage resulting from the delay in communication.

11.17. The manufacturer or 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
• the defect was not detectable according to the state of science and technology at the time of placing it on the market or
• the defect of the product results from the application of legislation or mandatory official regulations.

For the exemption, it is sufficient for the manufacturer or distributor to prove one reason.

11.18. The User may not assert an accessory warranty claim and a product warranty claim at the same time due to the same fault.

Warranty

11.19. 151/2003 on the mandatory warranty for certain durable consumer goods. (IX. 22.) Based on government decree.

11.20. The (objective) scope of the regulation only covers new Products.

11.21. Warranty rights can only be asserted by the Buyer who is a User.

11.22. The warranty period is one year. The warranty period begins on the day the consumer product is handed over to the consumer, or if the distributor or his representative performs the commissioning.

11.23. The Webshop is exempted from its warranty obligation only if it proves that the cause of the defect arose after the performance.

11.24. The service provider does not have a warranty beyond the warranty period (professionally expected lifetime) for damages resulting from natural wear and tear/obsolescence.

11.25. Claims that can be asserted under warranty:

• the User may primarily - according to his choice - demand repair or replacement, except if the fulfillment of the chosen warranty claim is impossible, or if it would result in disproportionate additional costs for the Webstore compared to the fulfillment of the other warranty claim, taking into account the value represented by the Product in perfect condition, the gravity of the breach of contract and the caused damage to the User's interests by fulfilling a warranty claim.

• if the Online Store did not undertake the repair or replacement, it is unable to comply with this obligation within the appropriate deadline, while protecting the interests of the User, or if the User's interest in the repair or replacement has ceased, the User may - at his or her choice - demand a proportional reduction of the purchase price, the you can correct the error at the expense of the Webshop yourself or have it corrected by someone else, or withdraw from the contract. There is no room for cancellation due to an insignificant error.

11.26. The defect is not covered by the warranty if the cause of the defect occurred after the delivery of the Product to the User, such as, for example, if the defect:

• unprofessional commissioning (unless the commissioning was carried out by the Webstore or its agent, or if the unprofessional commissioning can be traced back to an error in the user and management instructions)
• improper use, disregarding the instructions for use,
• improper storage, improper handling, damage,
• caused by elemental damage, natural disaster.

12. Procedure in the event of a warranty/warranty claim

12.1. The User can assert his claim for repair directly at the repair service indicated on the warranty card by the Web Store. You can report your warranty claims to the Webstore via the contact details specified in point 1.

12.2. The User is responsible for proving the conclusion of the contract (with invoice, receipt).

12.3. The costs related to the fulfillment of the warranty obligation are borne by the Web Store.

12.4. The Webstore is obliged to take a record of the warranty or guarantee claim notified by the User and to make a copy of it available to the User without delay and in a verifiable manner.

12.5. The Web Store will repair or replace the Product within a maximum of fifteen days. If the duration of the repair or replacement exceeds fifteen days, the Webstore must inform the User of the expected duration of the repair or replacement.

12.6. If the Service Provider is unable to make a statement on the feasibility of the User's warranty or guarantee claim when reporting it, it is obliged to notify the User of its position - in the case of rejection of the claim, the reason for the rejection and the possibility of turning to the conciliation body - within five working days, in a verifiable manner.

12.7. The Service Provider is obliged to keep the protocol for three years from the date of its recording and present it at the request of the inspection authority.

13. Other provisions

13.1. The Service Provider and the User try to settle their disputes amicably.

13.2. The Customer may use the Website and the webshop interface solely at his own risk, and accepts that the Webstore assumes no responsibility for damages arising during use, in addition to liability for breach of contract caused intentionally or by crime, as well as damage to life, limb, or health.

13.3. The Customer is obliged to ensure that the use of the Website does not directly or indirectly violate the rights of third parties or the laws.

13.4. The Webstore has the right, but is not obligated, to check the content (such as comments) made available by the Customer during the use of the Website, and the Webstore has the right, but is not obligated, to look for signs of illegal activity with respect to the published content, and assumes no responsibility for them.

13.5. The pages of the Webstore may contain connection points (links) that lead to the pages of other Webstores. The Webstore assumes no responsibility for the data protection practices and other activities of these service providers.

13.6. If the Customer notices objectionable content on the Website, please report it to the Online Store immediately. If, in the course of the Webstore's good faith procedure, the indication is found to be well-founded, it is entitled to immediately delete or modify the information.

13.7. In addition to the rights expressly defined in these GTC, the use of the Website or any provision of the GTC does not grant the Customer the right to any use or utilization of any trade name or trademark on the Website.

13.8. Saving or printing the contents of the Website, as well as certain parts, on a physical or other data medium is permitted only for private use or with the prior written consent of the Online Store.

13.9. The Website as a whole, its graphic elements, text, articles written in blog posts and technical solutions and elements of the service are protected by copyright or other intellectual property rights. The Web Store is the copyright holder or the authorized user of all content displayed during the provision of the Website and the services available through the Website.

13.10. The Web Store reserves all rights to all elements of its service, in particular the domain name, its subdomains, all other domain names occupied by the Web Store, its subpages, and its Internet advertising surfaces. All activities aimed at listing, organizing, archiving, hacking, and reverse engineering the Web Store's database are prohibited, unless the Web Store has given a separate written permission to do so.

13.11. Without a separate agreement or using the service for this purpose, it is forbidden to modify, copy, insert new data in it, or overwrite existing data by bypassing the interface provided by the Webstore or search engines.

14. Complaint handling method

14.1. The goal of the Web Store is to fulfill orders in the appropriate quality, with the complete satisfaction of the customer. If the User has any complaints about the contract or its performance, he can submit his complaint to the contact details (email, phone) described in point 1.

14.2. The Web Store is obliged to immediately examine the verbal complaint made over the phone and, if it has the opportunity, to remedy it as necessary. If the User does not agree with the handling of the complaint or the immediate investigation of the complaint is not possible, the Web Store will record the complaint.

14.3. In the case of a verbal complaint communicated by telephone or using other electronic communication services, the Web Store shall send a copy of the protocol to the User at the same time as the substantive answer - no later than within 30 days.

14.4. The Web Store is obliged to keep a copy of the record of the complaint for three years from the date of receipt of the complaint and present it to the inspection authorities.

14.5. The Webstore will respond to the complaint received in writing within 30 days and take measures to communicate it.

14.6. If the complaint is rejected, the Webshop will inform the User of the reason for the rejection. In case of rejection of the complaint, the Web Store is obliged to inform the User in writing about which authority or conciliation body he can initiate the procedure with his complaint - according to its nature.

14.7. The Consumer can file a complaint with the consumer protection authority:

387/2016 on the appointment of the consumer protection authority. (XII. 2.) According to the government decree, in administrative authority matters, the district office or the district office according to the county seat acts in the first instance, and the Pest County Government Office acts in the second instance with national competence.

15. How to report a warranty/warranty claim

15.1. The Web Store handles the request within 3 working days and reports back to the Customer immediately.

15.2. The Buyer can report his guarantee or warranty claim at the email address mandycandy.art@gmail.com with the following information:

• name and address of the Buyer,

• name and purchase price of the Product,

• date of purchase,

• attachment of the invoice received at the time of purchase,

• description of the error,

• the claim that the Buyer wants to assert.