General terms and conditons of contract
1.1. This document contains the General Terms and Conditions of the Contract and his inseparable annex, what is regulated the Prinston’s (seat:1062 Budapest, Székely Bertalan utca 4. 3. em. 3. registration number: 01-09-992875, tax number: 24141485-2-42, statistical number: 2415485-7410-113-01 ) the conditions of the usage of the Website www.prieston.hu/webaruhaz/- and purchase from the Web Store that are inseparable parts of it.
- The definitions of the applied concepts in the contract
2.1. Login: The User is able to log into the Website by typing their user name and password into the corresponding box, then clicking „Log in”. Without logging in, the User only has access to the features accessible to Visitors.
2.2. User: A natural person registered on the Website, who is authorized to purchase from the Web Store and second level user access. Registration takes place as defined in annex no. 1.
2.3. Subscriber: Any Visitor and User subscribed to the newsletter.
2.4. Newsletter: A letter containing the latest offers and sales of the Web Store sent out regularly to the subscribers by Prieston via e-mail.
2.5. Cart: The Cart is a virtual shopping cart, which contains the products/services selected for purchase by the Customer.
2.6. Adding items to the Cart: A step you need to complete during the process of purchasing an item or service from the Web Store (detailed in annex no.1) that consists of selecting an item/service and adding it to the Cart.
2.7.Visitor: a natural person, using the Website without registration, who has first level user access.
2.8. Order: User clicking on „Order” and thereby activating the order and creating a sale and purchase relationship between Customer and Prieston as defined in the chapter named „Process of purchase from the Web Store” of annex no. 1 of the General Terms and Conditions of the Contract.
2.9. Customer: a User placing an order.
2.10. Product page: Each and every product of the Web Store has a sub-page containing the details of the product, the offer(s) concerning the product and information defined in annex Nr.1.
2.11. Paying customer: a Customer who has payed the price of the product ordered.
2.12. Price: a sum of money that the product is worth, as shown on the Product page of the given product, which, if paid, makes the Customer a Paying customer.
2.13. Annex no. 1: the inseparable part of the ’General Terms and Conditions of the Contract’ named ’The Instruction Manual of the Website’
- General Conditions
3.1. No. 1. enclosure includes detailed information on the usage of Website.
3.2. Usage of the Website is possible on the following access levels. The levels of access are connected to the usage of different features depending on whether the level of access that makes the usage of more features possible contains the level of access making the usage of less features possible. The User visiting and registering to the Website is voluntary in all cases.
3.2.1. Any Visitor is authorized to view and download the content of the Website and subscribe to the newsletter. According to the information above the Visitor has opportunity to view the Product page of any product of the Web Store on sale, add item(s) to the Cart, (s)he cannot, however, order them. Prieston reserves the right to restrict access and visual on certain offers and sales on the Website and make them available for registered users only.
3.2.2. User is authorized to shop in the Web Store.
Registration to the Website is exclusive to natural persons with legal capacity. If an incapacitated person or a person with limited capacity registers, Prieston is not responsible for any damage deriving from this.
18.104.22.168. User has the right to request the deletion of their registration according to annex no. 1, and Prieston is bound to fulfill it.
If User violates the provisions included in the General Terms and Condition of the Contract, Prieston is has the right to delete their registration.
22.214.171.124. In the event of the deletion of a user’s registration, the user loses their ability to access and use those features of the Website that are accessible to registered Users only. Following deletion of their registration, User is no longer bound by the provisions of The General Terms and Conditions of the Contract. Prior to the deletion of User’s registration Prieston sends User a cease and desist notice with a five-day-deadline to cease the activity that provided basis for the deletion of their registration or to go back to keeping the General Terms and Conditions of the Contract. If User does not fulfill the conditions of the notice within the deadline, Prieston has the right to delete their registration. However, if User fulfils the conditions of the notice, Prieston will not put the penalty in practice. If the basis of User receiving a cease and desist notice is an action or omission that has caused damage to Prieston, Prieston has the right to restrict User’s access to features of the Website.
126.96.36.199. If User’s registration is deleted due to their violation of the General Terms and Conditions of the Contract, User’s right to register to the Website is revoked for six months after the deletion.
- The object of the General Conditions of contract
4.1. In the event of the Customer orders the product that’s advertised in the Webshop, a sales contract concludes between Prieston as the seller and the Customer as the buyer related to the ordered product. Terms of contract includes the conditions that the Customer stated (especially regarding the payment and shipping) and the current instructions of ASZF. According to the sales contract the Customer become eligible to get the ownership and the possession of the product, and Prieston become eligible to receive the buying price. The above mentioned terms and conditions are being fulfilled by the conditions chosen by the Customer during the order process.
4.2. The contract defined in point 4.1. and other specified contracts are considered online contracts considering the Act 2001.CVII on Digital Trading (hereby follows as: Ekrtv) Ekrtv 5.§ 4th paragraph, respectively those contracts correspond the contracts made between partners distant from each other included in the 45/2014. Government Order, (hereby follows as: Order) therefore for the contract specified in point 4.1. and for other specified contracts the provisions of these two laws are applicable.
- Order of products
5.1. With the last element of the order process defined in Appendix No. 1, so with the Order concludes the contract that complies with the actual subsection of the 4th section, the Customer become eligible to claim the product from Prieston. According to the Ekrtv. 6. § (2) paragraph Prieston liable to acknowledge the order to the Customer in 48 hours from the time and date of the order. The acknowledgement is being sent via e-mail to the Customer’s registered e-mail address, including the order’s unique number, product number, and the chosen payment and shipping conditions. The order acknowledgement can be considered as completed when it arrives to the Customer.
5.2. In the event of the acknowledgement is not completed within the above mentioned deadline, the Customer can demand the other half to fulfill the sales contract, and a general compensation can be claimed up to 20% of the buying price. Prieston rules out any demand of compensation resultant of not received acknowledgement, in case Prieston can prove the acknowledgement was sent.
- Warranty, guarantee
6.1. According to the 151/2003. (IX.22) Government Order the products marketed in the Webshop, from the date of hand over of the product, Prieston as manufacturer and distributor undertake 1 year warranty that complies with the Government Order. Prieston displays the 1 year warranty on the marketed products in the Webshop that also included the Government Order.
6.2. According to the Hungarian Civil Code Act V of 2013 product warranty provision, all products marketed throughout the Webshop are subject to (2) two years of warranty provided by Prieston, given that during the act of purchase between Customer and Prieston the sales contract is considered a consumer contract.
In case of fulfillment of warranty claims the provisions found under the sub-title “false fulfillment” in the Civil Code are applicable.
6.3. For validating guarantee and warranty claims the NGM Order 19/2014. (IV.29) provisions are applicable which were validated under the management of consumer contract guarantee and warranty claims.
6.4. The condition for the enforcement of warranty claims is that the product has defects which are the basis for warranty claims at the time of the contracting. In case of debate, it is the customer’s liability to prove the origin of the defect. In case the customer knew about the defect at the time of contracting, or he/she should have known it, Prieston is exempt from warrant responsibility.
6.5. The customer can validate his/her warranty or guarantee claim within the given time as he/she transports the concerned product on own expenses to Prieston’s seat where he/she demands fulfillment of the procedure in accordance to 19/2014. (IV.29) NGM Order „consumer rights concerning warranty and guarantee demands”, which Prieston is bound to fulfill. The customer could also validate his/her guarantee and/or warranty demands by sending the concerned product via post to Prieston with the detailed description of the defect as a base of the claim enclosed within. After the occurence of the above, Prieston must, fifteen (15) days from arrival, ensure that in case of well founded claim the guarantee and warranty liability’s fulfillment, under which Prieston is also liable for the postal charges.
- Duty of notification
7.1. In case Prieston is not able to hand over the product purchased through the Webshop to customer because of a reason he is not accountable for and is really existing, and it serves as an obstacle for the completion, Preiston agrees, that he notifies the customer without any further notice via letter to the during registration given e-mail address. In case of notification, as far as customer has already paid the purchase price, Prieston is liable to refund it to the customer. In case of debate the proving of the existence, severity and hindering factor of the cause is charged to Prieston.
7.2. In case Prieston fails the notification mentioned under point 7.1, he is liable to refund the already paid purchase price and a compensation corresponding to 20% of the purchase price for the customer.
8.1. According to the Order and the present (8.) point the customer has the rights to withdraw from the sales contract, which would have been created via ordering, without any further notice. The customer has the right for cancellation until fourteen (14) elapsed workdays after receiving the product, in case of purchase of a service, until fourteen (14) elapsed workdays after contracting.
8.2. In case the customer uses his right of cancellation according to point 8.1, he/she is obliged to return the product to Prieston on his own expense or takes care of the product being returned via post. Condition for his/her right of cancellation is the return of the product to Prieston. Besides this, the customer is not charged in any way, nevertheless he/she is obliged to refund all damages to the product resulting of improper use.
According to section 9. subsection (1) of the Order in the present point of the terms conditions Prieston informs the visitors as follows
9.1 Paying methods
Several payment options can be selected to buy the products distributed through the webstore. Paying options are being explained below in details. Prieston reserves the right that in respect of particular products, it makes available only the following type of payment options.
9.1.1 Paying by cash on delivery
If the customer did not select the paying option defined in point 9.1.2. than may allowed to fulfill his paying obligation at the reception of the product by cash.
9.1.2. Wire transfer payment with the PayPal system
In case the customer selects this paying option after the submission of the order, he/she may complete his obligation to pay the price of the product by PayPal system so that he transfers the price to Prieston’s bank account before the reception of the product.
9.1.3. Debit card payment
If a customer selects this paying option he can complete the obligation of paying the price to the product by using the PayPal system after the order.
9.2. Delivering methods
A customer may choose from the following delivering methods to obtain the product bought through the webstore.
Prieston reserves the right in connection of particular products to transfer it by the following delivering methods.
9.2.1. House delivery by delivery service
In case customer selects this delivering manner, delivery service entrusted by Prieston delivers the customer the product which is ordered. If customer would like to ask for delivery to an address differing from the address given in his/her user account than the customer can indicate the suitable place by the ordering process. The delivery service entrusted by Prieston accomplishes the delivery of the ordered product according to the conditions fixed on its own website.
9.3. The prices belonging to the single products of Prieston are containing the sum of the value added tax. If a customer selects such a delivering method in case of the order of the product, for which the transporter entrusted by Prieston delivers the product than customer may get the information about the costs by the selection of the delivery mode. The delivery charges contain the sum of the value added tax.
9.4. The purchasing process in the webstore and communication by e-mail necessary to purchase the product are free of charge.
9.5. The user by accepting the present terms and conditions allows Prieston to exhibit only electronic invoices for the purchases through the webstore according to Act CXXVII of 2007 on VAT section 175. The user should not make any other claim of certificate about the purchases through the webstore except the electronic invoice.
9.6. Prieston fixes that the offers published in the webstore are valid until withdrawal or until the stock lasts.
9.7. Where the present general terms of conditions prescribes written communication it means the communication by the e-mail address included on the website. If it is necessary to send a written letter for a user, than Prieston may send it to the user’s registered e-mail address . Prieston’s e-mail address can be found on the website.
10.1. Every registered person at all user levels has an opportunity to subscribe for the newsletter. The user can subscribe through the subscription window placed on the webpage. By subscring the user expressly gives consent that Prieston can inform him/her by e-mail about the innovations of the website, sales of the webstore and other information to the e-mail address given in the subscription process.
10.2. Registering to the newsletter happens on a voluntary basis in all cases, the user or visitor of the website can unsubscribe from it anytime and without any consequences.
10.3. By subscribing for the newsletter the registered users give consent that Prieston is allowed the control their personal data according to annex No. 2.
- Intellectual Property
11.1. According to Act LXXVI of 1999 on copyright, the Website, the Online Shop and the content placed on it as a whole and for each element is protected by copyright, the copyright belong to Prieston.
11.2. It is prohibited to make a copy from the creation in any kind of form, record them as analogue or digital, reproduce, distribute, transmit, download, edit, resold or make public.
11.3. Violations specified above, leads to the impeachment of offenders.
- Limitation of Liability, Exclusion
12.1. Prieston is not responsible for the website and other related websites and for the continuous, virus free, successful operation. Prieston not be liable for mistakes that may arise in addition to the means of communication, the Internet network, or damages arising out of any software.
12.2. Prieston reserves the right, in concern to the customer, who has repeatedly violated prior to the current Offer on these terms and conditions laid down in the provisions for payment, fulfills the order placed solely If you select a payment method, which takes place after receipt of payment in advance.
- Other issues related to the use of the website
13.1. When users use the Website, in compliance with the relevant legal provisions obliged to act in accordance with the requirements of good faith and integrity. Based on the above, the User cannot use the Website for infringing content, distribute computer viruses or unauthorized data collection. If this happens, the resulting User misdemeanor, criminal, liability for damages or wear is required. The User is responsible to Prieston especially of all damages suffered by Prieston caused by irregular and / or illegal use of the Website. When Prieston becomes aware of any illegal or unlawful and Web use by the User, the User is entitled to cancel the registration.
13.2. User may not use the Website for promotional purposes or for the purpose of advertising the Site, use of the Website is strictly prohibited for political purposes. User agrees that Prieston will use the content uploaded to the Website, especially those, edit, transform, copy or distribute.
13.3. Prieston reserves the right to modify or delete any parts of the web page any time.
- The acceptance and modification of the general terms and conditions
14.1. The acceptance of the present terms and conditions is the condition to register on the Website and become its member. During the registration process, acceptance of the terms and conditions expressed in the declaration can be realized. Acceptance of Terms means that the user acknowledges the conditions available bound by itself.
14.2. By entering the Website, the visitor acknowledges the relevant provisions of this contract be bound by itself.
14.3. Prieston reserves the right to make the provisions of this contract once quarterly review and, if necessary, initiate amendments. The initiation of the modification of the contract and its acceptance users is as follows. Prieston informs the Users about the modification of the contract coming into force at least fifteen days previously the contract concerned users with a modification his provisions. Customized If, after receipt of an equivalent email user logs on to the Website, it is the express acceptance of an act to amend the contract. If prior the amendment to the entry into force of the Treaty user is not logged on to the website, but e-mail sent to it as a result of an objection to the amendment did not live with it on the part of the amendment shall be deemed adopted.
- Miscellaneous and closing provisions
15.1. Disputes arising from an agreement between the Parties in the web shop with order User Prieston and purchase agreement primarily among themselves, attempt to settle through negotiation. Onto that evening not waited for, halves insist on it if this would not give a result the Budapest one XX., XXI. And XXIII. a district court’s sole competence, in as much the judgment of the case is within this court’s remit. As set out above apply in the case of disputes arising from a breach of the Terms and Conditions. The normative between the parties relationships is the Hungarian law.
15.2. In the questions that the general condition of contract and the enclosures constituting his part which cannot be separated for it do not regulate, Hungary provisions taken in his effective measures at all times, primarily but Ptk., Ekrtv., the order, the warranty one legalized in the framework of the decree and the consumer contract and from the management of warranty claims solo 19/2014. (IV.29) NGM the provisions of an order normative.
15.3. If certain provisions of these Terms and Conditions whole or in part would be invalid, this will not affect other provisions or the validity of the rest of the invalid provision. Such provisions shall be applicable and the invalid provision should be replaced with rules instead of the invalid provision or the invalid provision, which is to be achieved by economic purpose of the invalid provision and is valid for the next time.