PRIESTON & Co Kft.
General terms and conditions of contract (the “General Terms and Conditions”)
1.1. This document contains the General Terms and Conditions of the Contract regulating the conditions of the usage of Prieston’s (registered seat: 9312 Szilsárkány, Dózsa György utca 2. corporate registration number: 08 09 027379, tax number: 25338096-2-08, statistical number: 2415485-7410-113-01) Website (www.prieston.eu).
- The definitions of the applied concepts in the contract
2.1. Login: The User is able to log into the Website by typing his/her user name and password into the corresponding box, then clicking „Log in”. Without logging in, the User has access only 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 who has second level user access. Registration takes place as defined in these Terms and Conditions.
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 by Prieston to the subscribers via e-mail regularly.
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 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 these General Terms and Conditions.
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.
2.11. Paying customer: A Customer who has paid the purchase price of the Product ordered.
2.12. Purchase 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.
- General Conditions
3.1. These Terms and Conditions include 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 of the Website 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. 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, a Visitor 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. A 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. Any User is entitled to request the deletion of his/her registration, and Prieston is obliged to fulfil such request.
If a User violates the provisions included in the General Terms and Conditions, Prieston is entitled to delete his/her registration.
22.214.171.124. In the event of the deletion of a User registration, the User loses his/her ability to access and use those features of the Website that are accessible to registered Users only. Following the deletion of his/her registration, the User is no longer bound by the provisions of The General Terms and Conditions. Prior to the deletion of a User registration Prieston sends User a cease and rescind notice with a five-day-deadline to cease the activity that provided basis for the deletion of the User registration or to comply with the General Terms and Conditions. If User does not fulfil the conditions of the notice within the deadline, Prieston has the right to delete his/her registration. However, if User fulfils the conditions of the notice, Prieston will not apply the penalty of deleting the registration. If the basis of User receiving a cease and rescind 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 or permanently delete User’s registration and validate its claim for damages including any court actions.
126.96.36.199. If User’s registration is deleted due to his/her violation of the General Terms and Conditions, User’s right to register to the Website will be revoked for six months after the deletion.
- The object of the General Conditions of the Contract
4.1. If the Customer orders any Product advertised in the Web Store, a sales contract will be concluded between Prieston as seller and the Customer as buyer regarding the product ordered. Terms of contract includes the conditions that the Customer stated (especially regarding the payment and shipping) and the provisions of the General Terms of Contract. According to the sales contract the Customer will be entitled to get the ownership and the possession of the Product, and Prieston will be entitled to receive the Purchase Price of the Product. The terms and conditions mentioned above are being fulfilled by the conditions chosen by the Customer during the order process.
4.2. The sales contract defined in point 4.1. and other specified contracts are considered online contracts in accordance with subsection 4 of section 5 of Act no. CVII of 2001 on Digital Trading (the “Ekrtv.”), respectively those contracts correspond to the contracts made between partners distant from each other specified in Government Order no. 45/2014, 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, i.e. with the Order, the contract that complies with the respective subsection of section 4 of Ekrtv. above will be concluded, and the Customer will be entitled to claim the Product from Prieston. According to subsection 2 of section 6 of Ekrtv. Prieston will be liable to acknowledge the order to the Customer immediately following the order. The acknowledgement is being sent via e-mail to the Customer’s registered e-mail address, including the order’s identification number, product number, and the chosen payment and shipping conditions. The order acknowledgement can be considered as completed when it arrives to the Customer’s e-mail address.
5.2. If the acknowledgement is not completed following the order, the Customer may demand the performance of the sales contract.
- Warranty, guarantee
6.1. According to Government Order no. 151/2003. (IX.22) Prieston as manufacturer and distributor undertake a 1-year warranty from the date of the handover of the Product regarding the Products marketed in the Web Store. Prieston displays the 1-year warranty on the marketed Products in the Webshop.
6.2. According to Act V of 2013 on the Hungarian Civil Code (the “Civil Code”) product warranty provisions, all Products marketed throughout the Webshop are subject to (2) two years of warranty provided by Prieston, provided that the sales contract between Customer and Prieston is considered a consumer contract.
For the fulfilment of warranty claims the provisions under subsections 6:157-6:178 of the Civil Code are applicable.
6.3. For the enforcement of guarantee and warranty claims the provisions of the NGM Order no. 19/2014. (IV.29) are applicable.
6.4. Warranty claims may be enforced by the Customer, if the Product has defects at the time of the handover of the Product. If the Customer was aware of the defect at the time of contracting, or he/she should have been aware of the defect, Prieston is exempted from warrant liability.
6.5. The Customer may enforce 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 fulfilment of the procedure in accordance to NGM Order no. 19/2014. (IV.29) „consumer rights concerning warranty and guarantee demands”. The Customer may also enforce 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 occurrence of the above, Prieston must, within fifteen (15) days from the delivery of the claim, ensure the fulfilment of the guarantee and warranty liability, provided that the claim is well-founded, in which case Prieston is also liable for the postal charges.
- Duty of notification
7.1. If Prieston is not able to hand over the Product purchased through the Web Store to Customer due to any reason Prieston is not accountable for, Preiston will notify the Customer without any further notice via e-mail to be sent to the Customer’s registered e-mail address. If the Purchase Price of the Product has been paid by the Customer, Prieston will be liable to refund it to the Customer.
8.1. According to Government Order no. 45/2014 and the present section 8, the Customer has the right to rescind from the sales contract without any further notice within fourteen (14) working days from the receipt of the Product, and in case of purchase of any service, within fourteen (14) working days from contracting.
8.2. If the Customer rescinds from the sales contract in accordance with 8.1 herein, he/she will be obliged to return the Product to Prieston on his/her own expense. In addition, the Customer is obliged to refund all damages to the Product resulting from improper use.
According to subsection 1 of section of Government Order no. 45/2014, Prieston informs the Visitors as follows:
9.1 Paying methods
Several payment options can be selected to buy the Products distributed through the Web Store. 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. Wire transfer payment with the PayPal system
If the Customer selects this paying option after the submission of the order, he/she may complete his/her obligation to pay the Purchase Price of the Product by PayPal system by transferring the price to Prieston’s bank account before the delivery of the Product.
9.1.2. Debit card payment
If a Customer selects this paying option, he/she can complete the obligation of paying the Purchase Price of the Product by using the PayPal system after the order.
A Customer may choose from the following delivery services to receive the Product purchased through the Web Store.
Prieston reserves the right in connection of particular Products to deliver them by the following delivery methods.
9.2.1. Home delivery by delivery service
The delivery will be performed by a delivery service company engaged and selected by Prieston. The Customer may request delivery to an address differing from his/her registered address during the ordering process. The delivery service company engaged by Prieston performs the delivery of the ordered Product according to the terms and conditions fixed on its own website.
9.3. The Purchase Prices of the Prieston Products as well as the delivery charges contain the applicable value added tax. The Customer may get information about the costs of delivery by the selection of the delivery mode.
9.4. The purchasing process in the Web Store and communication by e-mail necessary to purchase the Product are free of charge.
9.5. Prieston may issue paper-based invoice or electronic invoice on the purchases through the Webstore. The User by accepting the present General Terms and Conditions allows Prieston to issue only electronic invoices for the purchases through the Web Store according to section 175 of the Act CXXVII of 2007 on VAT. in this case, the User may not claim any other certificate about the purchases through the Web Store except the electronic invoice.
9.6. Prieston states that the offers published in the Web Store are valid until withdrawal and subject to availability.
9.7. For any written communication as required by these General Terms and Conditions the e-mail address indicated by Prieston on its website and the e-mail address registered by the User shall be used.
10.1. Every registered person at all user levels may subscribe for the Newsletter. The User can subscribe through the subscription window placed on the Website. By subscribing to the Newsletter, the User expressly consents to receive information from Prieston on any innovations of the Website, sales of the Webstore, etc. to the e-mail address given by the User in the subscription process.
10.2. Registration to the Newsletter is voluntary and the User or Visitor of the Website may unsubscribe anytime and without any consequences.
10.3. By subscribing for the Newsletter, the User consents to the management of his/her personal data by Prieston according to Annex No. 1.
- Intellectual Property
11.1. According to Act LXXVI of 1999 on Copyright, the Website, the Web Store and the content placed on it, as a whole, and for each element is protected by copyright, which belongs to Prieston.
11.2. It is prohibited to make any copy of the creation in any kind of form, record them either in analogue or digital form, reproduce, distribute, transmit, download, edit, resold or publish.
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 their continuous, virus free, successful operation. Prieston is not liable for any mistake that may arise in addition to the means of communication, the Internet network, or damages arising out of any software.
- Other issues related to the use of the Website
13.1. Users, in line with the relevant legal provisions, are obliged to act in accordance with the requirements of good faith and integrity when using the Website. Based on the above, the User, inter alia, may not use the Website for infringing content, distribute computer viruses or unauthorized data collection. If this happens, it results to User misdemeanour, crime, and liability for damages. The User is liable to Prieston especially for all damages suffered by Prieston caused by irregular and / or illegal use of the Website. When Prieston becomes aware of any illegal or unlawful use by the User, Prieston is entitled to cancel the registration.
13.2. User may not use the Website for promotional purposes or for the purpose of advertising the Website, use of the Website is strictly prohibited for political purposes. User accepts that Prieston will use, edit, transform, copy or distribute the content uploaded to the Website.
13.3. Prieston reserves the right to modify or delete any parts of the Website any time.
- The acceptance and modification of the General Terms and Conditions
14.1. The acceptance of the present General Terms and Conditions is the condition to register on the Website and become a User. The acceptance of the General Terms and Conditions may be declared by the User during the registration process. Acceptance of the General Terms and Conditions means that the User acknowledges and accepts the conditions applicable for the use of the Website.
14.2. By entering the Website, the Visitor acknowledges and accepts the relevant provisions of these General Terms and Conditions.
14.3. Prieston reserves the right to review and revise the provisions of these General Terms and Conditions on a quarterly basis and, if necessary, make amendments. The amendment of these General Terms and Conditions and their acceptance by the Users shall occur as follows. Prieston informs the Users about the amendment of contract coming into force at least fifteen (15) days in advance. If, following the amendment of contract and informing the User by e-mail thereon, the User logs on to the Website, this shall be deemed as the acceptance of the amendment of contract by the User.
- Miscellaneous and closing provisions
15.1. Disputes arising from the use of Web Store, any order or any sales contract between the User and Prieston, shall be attempted to settle through negotiation. These General Terms and Conditions and any legal disputes arising from them shall be governed by Hungarian law, and primarily the Hungarian Civil Code (Ptk.), Ekrtv., Government Order no. 45/2014, and, NGM Order no. 19/2014. (IV.29).
15.3. If certain provisions of these General 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.