GENERAL TERMS AND CONDITIONS
These general terms and conditions (hereinafter referred to as "Terms and Conditions") contain the rules for the use of the BauReihe Clothing LLC (hereinafter referred to as "Service Provider”) company's online store operated by the Service Provider, which can be viewed and used on the website www.baureiheclothing.com (hereinafter referred to as "Website"), as well as for customers and buyers (hereinafter: "Customers") entering into a contractual relationship with the service provider on the basis of a sales contract (hereinafter: “Contract") concluded in accordance with the rules of contracts concluded by absent contracting parties.
1. SERVICE PROVIDER DATA
Company name: BauReihe Clothing Limited Liability Company
Headquarters: 7940 Szentlőrinc, József Attila str. 34, Hungary
Tax number: 27844975-2-02
Company registration number: 02-09-086723
Registering authority: Company Registration Court of Pécs
Bank account number: 11600006-00000000-98834811, IBAN: HU63116000060000000098834811,
foreign currency bank account number: 11600006-00000000-98834897, IBAN: HU69116000060000000978834
Financial institution managing bank accounts: ERSTE Bank Hungary Zrt.
Webshop address: www.baureiheclothing.com
Hosting provider details: Shopify Inc. (151 O'Connor Street, Ground floor Ottawa, ON K2P 2L8, Canada)
CUSTOMER SERVICE AVAILABILITY:
Mailing address: 696 18 Luzice, Ná Piskách 1076/2, Czech Republic
Phone number: +43 660 502 4574
2. GENERAL PROVISIONS
The Website is operated by BauReihe Clothing Limited Liability Company, which is a business company legally registered and operating in Hungary dealing with electronic commerce.
These Terms and Conditions become effective upon publication on the Website, at the time of publication. The provisions of the General Terms and Conditions apply to all Customers and persons who do not enter into a contractual relationship with the Service Provider, but visit and read the Website (hereinafter: User). By visiting the Website, and the Customer by concluding the Agreement, the User acknowledges that they has read the provisions of these Terms and Conditions, understood them, acknowledged them and recognized them as expressly binding on them. By concluding the Contract, the Customer acknowledges that the GTC in force at all times forms an inseparable annex to the Contract. The Customer expressly acknowledges that in order to make a purchase through the online store (send an Order) he is obliged to accept the terms of these General Terms and Conditions, which he can do by selecting the check box on the form.
The Service Provider reserves the right to unilaterally amend the Terms and Conditions at any time, which the User or the Customer accepts. The General Terms and Conditions in force at all times are available on the Website, indicating the date of entry into force. The contractual legal relationship is always governed by the General Terms and Conditions in force on the date of conclusion of the Agreement.
The Service Provider does not assume responsibility for the fact that the entire content of the Website is accessible to everyone at all times, nor does it assume responsibility for errors resulting from improper operation of online computer systems, servers, software or the Internet.
The User and the Client acknowledge that the text, image, description, photograph, diagram, other form and content elements appearing on the Website are copyrighted elements owned or lawfully used by the Service Provider.
3. TERMS OF CONTRACT, CONTRACT AND PERFORMANCE
Based on the Contract between the Service Provider, as seller, and the Customer, as buyer (hereinafter: "Buyer"), the Service Provider transfers the ownership of one or more movable things (hereinafter: "Product(s)") in its possession under the title of sale in return for consideration to the Buyer.
A contract - in the case of a natural person Buyer - can only be concluded by a person who has reached the age of 14. The Buyer who has reached the age of 14, but has not yet reached the age of 18, is considered a minor with limited legal capacity based on Act V of 2013 on the Civil Code (hereinafter: "Civil Code"), whose contract is required by the Civil Code. § 2:12 is governing.
The Service Provider displays the name and description of the Product in detail on the Website, and may display a photo of the Product. The Customer acknowledges that the images displayed on the Product's data sheet may differ from the real one, in some cases they may be used as illustrations, so the color and minor details of the Product may differ from the photograph on the Website.
It is only possible to conclude the Contract online, via the web store.
Shopping through the online store is subject to registration. After logging in, the Customer collects the Products to be purchased in the basket on the webshop interface, then after checking and modifying the contents of the basket, enters the billing data, selects the delivery method and sends the order. The Customer is obliged to provide his data in accordance with reality. The Service Provider is not responsible for any damages to the Customer that result from the Customer forgetting the password provided during registration or making it known to a third party. The Service Provider will send an electronic confirmation of the received order within 48 hours at the latest, failing which the Customer will be released from the obligation to enter into a contract. The Buyer expressly acknowledges and accepts that the 48 hours specified in this clause are to be understood and counted from the payment of the full Purchase Price of the Product. Cancellation of the registration by the Buyer does not affect orders already sent or sales contracts concluded. The contract concluded through the online store is not considered a written contract. The Service Provider provides the Contracts with an order number, records them based on this, and the Customer can request information about the purchase based on the order number.
The Product Purchase Price is in euros and includes general sales tax (VAT). The Purchase Price includes the packaging fee, but does not include the delivery fee. The Customer can find information about the Delivery fees on the Website.
The Service Provider is entitled to modify the Purchase Price. The new Purchase Price is valid from the time it is displayed on the Website. The Service Provider reserves the right to change the Purchase Price of the Product after the Order, due to incorrect indication of the Purchase Price on the Website or other reasons. In this case, the Service Provider is obliged to immediately notify the Customer of the changed Purchase Price, who is entitled to withdraw from the Contract after notification. If the Buyer does not notify the Service Provider of their intention to withdraw within 3 working days after receiving the notification about the change in the Purchase Price, it shall be considered that the Buyer did not wish to exercise their right of withdrawal.
Payment of the Purchase Price: In the case of online shopping, you must pay the entire Purchase Price by online bank card payment after sending the Order. The date of fulfillment is the day on which the Purchase Price was credited to the Service Provider's bank account. The Service Provider issues the Invoice based on the billing data provided by the Customer and sends it to the Customer's electronic mail address registered on the Website no later than 48 hours after the Purchase Price has been credited to the Service Provider's bank account. Ownership of the Product is transferred to the Buyer upon payment of the full Purchase Price, and the risk of damage related to the Product is transferred upon receipt of the Product by the Buyer.
Delivery method: It is possible to deliver the Product by courier service and by post. The Buyer acknowledges that it is not possible to deviate from the selected Delivery method in the future.
Delivery time of the Products: The delivery time is included in the order confirmation email. The Buyer expressly acknowledges and accepts that the condition of delivery is the crediting of the entire Purchase Price to the bank account of the Service Provider, and the delivery time specified in the confirmation email is calculated from the date of crediting the full Purchase Price to the bank account of the Service Provider. The Customer expressly acknowledges that the Order confirmation email is only the email from the Service Provider that specifically includes the delivery time.
Acceptance of the Products: The Buyer is obliged to accept the Product. In the case of delivery by courier service, the Buyer is obliged to check the Product upon receipt and to confirm faultless delivery by signing the waybill. The Buyer has the right to unpack and inspect the Product upon receipt. In the event of damage or a defect in the Product, you must file a report on the spot and return the Product to the Service Provider by courier service. After that, the Service Provider is not in a position to accept the Buyer's warranty claim for faulty performance that he noticed when inspecting the Product upon receipt, or should have noticed by acting with due diligence. If the Product is not received within 14 days after the date specified by the Service Provider for reasons attributable to the Customer, the Service Provider is entitled to withdraw from the Contract and retain the entire Purchase Price paid by the Customer.
If the Buyer is a natural person acting outside the scope of their profession, independent occupation or business activity (hereinafter: “Consumer"), is entitled to withdraw from the Contract without giving any reason within 30 calendar days of receiving the Product.
If the Consumer wishes to exercise their right of withdrawal, they must send a clear statement of the intention to withdraw by electronic mail to the email address email@example.com.
The Consumer exercises their right of withdrawal within the deadline if they send the withdrawal statement within 30 days of receiving the Product.
After making the withdrawal statement, the Consumer will receive a confirmation e-mail from the Service Provider about the process of withdrawing from the contract and returning the Product. After receiving the confirmation e-mail, the Consumer is obliged to return the Product to the Service Provider at the Service Provider's expense in the manner determined by the Service Provider
The Service Provider shall refund the entire Purchase Price paid by the Consumer to the bank account specified by the Buyer within 14 days of receiving the Consumer's cancellation statement at the latest. The Consumer expressly accepts and acknowledges that the Service Provider may withhold the Purchase Price of the Product until the Consumer has returned the Product or has not verified the fact of return.
The Consumer acknowledges that he is obliged to reimburse the Service Provider for the resulting depreciation due to use exceeding the use necessary to determine the nature, properties and operation of the Product. The Service Provider may refuse to take back the Product, especially if the Product is damaged or defective and the cause of the defect occurred after the Product was received by the Consumer and/or is attributable to the Consumer.
The right of withdrawal regulated in this point 4 does not affect the possible right of withdrawal of the Consumer or the Buyer contained in point 5.2 of these GTC.
5. PRODUCT WARRANTY
Pursuant to the Civil Code, the Service Provider is subject to a liability for accessories and legal liability for defective performance. Defective performance is considered if the Product does not meet the quality requirements established in the Contract or legislation at the time it is handed over to the Buyer, given that the Product must be suitable for its intended use. The existence of a defect in the product must be proved to the Buyer/Consumer as specified in this point.Warranty for accessories: In the event of defective performance by the Service Provider, the Customer may use the following warranty claims for accessories:
Buyer/Consumer can request a repair or replacement, unless the fulfillment of the request chosen by the Customer is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfillment of another request. If he did not or could not ask for the repair or replacement, he can request a proportional delivery of the compensation or the Customer can repair the defect at the Service Provider's expense, or have it repaired by someone else or - as a last resort - withdraw from the contract. The Customer may switch from the chosen accessory warranty right to another, but the Customer shall bear the cost of the switch, unless it was justified or the Service Provider provided a reason for it.
The Buyer is obliged to report the defect immediately after its discovery, but no later than within two months from the discovery of the defect. At the same time, the Buyer may no longer enforce its accessory warranty rights beyond the two-year statute of limitations from the date of execution of the Contract.
Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from reporting the defect, if the Customer proves that the Product was purchased from the Service Provider. However, after six months have passed since the performance, the Buyer is obliged to prove that the defect recognized by the Buyer already existed at the time of the performance, i.e. when the Product was received.
Product warranty: In the event of a defect in the Product, the Consumer may - according to their choice - assert a claim for accessory warranty or product warranty. As a product warranty claim, the Customer may only request the repair or replacement of the defective product. 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. The Customer may assert their 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. The Buyer may exercise their product warranty claim only against the manufacturer or distributor of the movable object. The Buyer must prove the defect of the product in the event of a product warranty claim. The manufacturer (distributor) is only released from its product warranty obligation if it can prove that the Product was not manufactured or placed on the market as part of its business activities, or that the defect was not recognizable according to the state of science and technology at the time of placing it on the market, or the Product's defect it results from the application of legislation or mandatory official regulations. It is sufficient for the manufacturer (distributor) to prove one reason for exemption.
Due to the same defect, the Buyer 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.
The Service Provider can guarantee the product for defective performance. The Service Provider informs the Consumer about the deadline for validating the warranty, next to the Product description, on the Website.
6. HOW TO REPORT A GUARANTEE OR WARRANTY CLAIM, COMPLAINT HANDLING
Personal report: The Customer can report their warranty or guarantee claim (hereinafter: Complaint) in person to the Service Provider 696 18 Czech Republic Luzice, Ná Piskách 1076/2. at Customer Service at no. In this case, the Service Provider's employee will record their objection, in which they record:
- the name and address of the Buyer,
- the name of the product, purchase price,
- the date of purchase,
- the date of notification of the error,
- description of the error,
- the claim that the Buyer wants to validate,
- the method of settling the objection
- Customer's declaration that he consents to the data recorded in the protocol in the relevant 19/2014. (VI.29.) for the management of NGM as defined in the decree
If the method of settlement of the objection differs from the Customer's request, the reasons for this are recorded in the protocol. A copy of the minutes will be handed over to the Buyer.
Notification in writing
The Buyer can report their guarantee or warranty claim by registered letter sent to the Service Provider or by electronic mail (firstname.lastname@example.org). In this case, the letter must contain:
- the name and address of the Buyer,
- the name of the product, purchase price,
- the date of purchase,
- the date of notification of the error,
- description of the error,
- the claim that the Buyer wants to enforce.
The Service Provider investigates the complaint within 48 hours of its notification and notifies the Customer of the result of the investigation by email. When calculating the 48 hours, only working days are counted.
7. OTHER PROVISIONS
The rules of Hungarian law govern the present GTC and its interpretation.
The possible invalidity of any provision of these GTC does not affect the validity of the rest of the GTC.
In matters not regulated in these GTC, the Civil Code. and the provisions of other applicable laws are governing.
Parties strive to settle their disputes peacefully, however, if this does not lead to a result within 30 days, in that case the Parties stipulate the jurisdiction of the District Court of Szigetvár and the Court of Pécs.
Date: Budapest, September 2022
Date of entry into force of these GTC: September 2022