Terms of Use General Terms and Conditions („Conditions”)

  1. Description of the products sold on the website of www.gaborsmandalas.com:
    • In the web store of Gábor Hajdu sole proprietor (“Service Provider”), you can buy mandalas made by Gábor Hajdu in printed form, framed depending on the Customer’s needs (“Product”).
  • The essential features of the Product are: depending on the Customer’s choice, a high-quality artwork printed on special paper
  1. Information about the Service Provider:

The online store available at https://www.gaborsmandalas.com (“Web Store”) is operated by Gábor Hajdu sole proprietor (“Service Provider”). 

  • Name of the Service Provider: Gábor Hajdu sole proprietor
  • Seat of the Service Provider: 1022 Budapest, Bimbó út 24. ground floor 3.
  • Postal address of the place of business of the Service Provider: 1022 Budapest, Bimbó út 24. ground floor 3.
  • Data on the contact details of the Service Provider, especially the regularly used e-mail address for contacting the users: info@gaborsmandalas.com
  • Phone number of the Service Provider: +36 30 626 6605
  • The authority registering the Service Provider in the register: National Tax and Customs Administration of Hungary
  • Registration number of the Service Provider: 56912571
  • Tax number of the Service Provider: 58389324-1-41; the EU Tax Number of the Service Provider: HU58389324
  • Data about the contact details (e-mail address) of the hosting service provider providing the storage space for the Service Provider: WEB Server Kft.; 4025 Debrecen, Pásti utca 2. 1/5.; dnsadmin@web-server.hu

 

  1. Acceptance of Terms and Conditions
    • Visitor of the Web Store and the person purchasing through the Web Store (“User” or “Customer”) accept the Conditions by visiting the Web Store, by placing an order, and that the Web Store shall be used only in accordance with and by accepting the Conditions.
    • The acceptance of the Conditions is not affected by the fact that the Web Store or certain of its functions and services may require additional registration or fulfillment of conditions.
    • We recommend that Users shall save the Conditions on their own data storage or print them out, the lack of which does not affect the acceptance of the Conditions and that the current version of the Conditions will be available on the Website and may be saved or printed out at a later time.

4.       Data and data protection required for placing an order (purchase) 

  • The data protection and data management conditions related to the Web Store, in case of their modification, are available on the website according to their current content.
  • Service Provider does not collect data about visitors who visit the Web Store occasionally, do not place an order and do not purchase any Product.
  • In order to place an order (purchase), the name, phone number, e-mail address, home address of the User (or the recipient of the Product) and, if different, the delivery address shall be given (recorded).
  • Before placing the order, the User has the opportunity to check, correct and modify all the data provided by the User in the Web Store required for placing the order.
  • If it comes to the User’s knowledge that the provided data is being used by an unauthorized third party or otherwise misuse them, the User is obliged to notify the Service Provider immediately at the e-mail address info@gaborsmandalas.com.

5.       Product sales contract 

5.1.  Orders related to the Products shall only be placed electronically at the www.gaborsmandalas.com online store.

The contract between the Service Provider and the User for the sale of the Product is concluded (i) by providing the User’s e-mail address; (ii) by the acceptance of these Terms of Use and the Privacy Notice by the User; (iii) by placing the order by the Customer; (iv) by the fully payment of the purchase price of the Product and the delivery cost, and (iv) by confirming the order via e-mail by the Service Provider.

5.2.  The contract concluded in accordance with point 5.1. above shall be deemed as a written contract, and the language of the contract shall be Hungarian. If the Conditions are translated to any other language, the translation serves for convenience and informational purposes only, and in all cases the Hungarian text shall prevail.

5.3.  Service Provider records (archives) the contract (order) concluded with the User, this way the contracts (orders) can be accessed and retrieved afterwards.

5.4.  Before placing the order, the Customer has the opportunity to modify the data provided at the time of placing the order by overwriting and recording the modified data.

5.5.  After placing the orders and successful payment, the Service Provider will immediately send a confirmation e-mail and an invoice to the Customer, both of them will also contain the details of the Customer’s order. If the confirmation is not received within 24 hours, the Customer is exempted from the obligation to make an offer or a contractual obligation.

5.6.  We provide information at each Product on the total amount increased by tax paid for the Product under the contract. You can find information on the delivery costs incurred in addition to this amount (which costs only include the part of the customs clearance costs charged to the Service Provider in case of transport outside the European Union, so the payment of the customs clearance fee payable according to the rules of the country of delivery shall be bear by the Customer) at the „Checkout” when entering the delivery address.

5.7.  The activity of the Service Provider is not subject to the code of conduct.

  • Withdrawal

Considering the fact that the Product is a non-prefabricated product that has been manufactured (printed on paper or other material requested by the Customer or framed in the manner requested by the Customer) or has been manufactured in accordance with the instructions given by the Consumer when placing the order, or such Product which is clearly tailored to the Consumer’s taste, according to Paragraph c) of Subsection (1) of Section 29. of the 45/2014. on the detailed rules of contracts between a consumer and a business. (II. 26.) of the Government Decree, the Customer shall not withdraw from the sales contract.

6.       Order submission process 

6.1.  Customer shall find information about the essential features of the Product available for ordering in the Web Store and about the total amount of the tax added purchase price by clicking on the name of the Product or the image depicting the Product. Our partner will deliver the Product to the delivery address provided by the Customer. Customer shall find information about the terms of delivery, including the delivery fee, the delivery time and the method of packaging by clicking on the text „Terms of Delivery” by scrolling down to the bottom of the Website. If the country of the delivery address provided by the Customer is not member of the European Union, the Customer may be required to pay customs clearance fee in accordance with the provisions of that country. In the process of ordering, the delivery cost will be displayed in the „Checkout” menu of the Web Store after entering the delivery address. The information about the Product and the delivery together with the provisions of these Conditions provide all the information required for the purchase in the Web Store in accordance with the relevant legal provisions.

6.2.  Customer can add the Product available for purchase in the Web Store to the virtual basket by clicking on the „Add to Cart” label. When the Product is placed in the cart, an information window will appear informing the Customer that the Product has been placed in the virtual cart. After that the Customer can choose whether to continue the purchase in the Web Store (the purchase is continued by clicking on the text in the Web Store or the interface of the website) or to complete the purchase and select the Product(s) to be purchased and start the ordering process with clicking on the “Checkout” button. If the Customer has chosen the latter option, the content of the basket will be displayed, where the Customer can check the content of it (designation of the selected product, size and other specifications; number of pieces; piece / gross purchase price; gross purchase price to be paid). On the Cart page, the Customer can modify the order and / or delete the selected item from the cart. If the Customer has found everything fine for the order, so the Customer does not want to change the contents of the cart, Customer can start placing the order by clicking on the „Checkout” and by entering the information requested in the Web Store.

The registration by the Customer is not condition of the purchase, however, in the absence of the mandatory data provided by the Customer, the Purchase cannot be made, thus the contract cannot be concluded between the Customer and the Service Provider. The mandatory data to be provided is indicated by a red asterisk (*) at the end of the data supplying section in the Web Store. Customer is solely responsible for the adequacy and accuracy of the data provided by the Customer; the liability of the Service Provider is excluded in this respect.

If the Customer has provided all the required data, but the delivery address is different from the Customer’s address, by clicking on the „Different delivery address” box the mandatory delivery address fields marked with a red asterisk (*) will pop up. Without filling out these fields, the ordering process cannot be continued.

After providing the delivery data, the Customer must accept these General Terms and Conditions and the Privacy Policy before selecting the payment method.

The last step of placing the order is that the Customer shall select the desired payment method from the available options. In case of online card payment, after entering the requested card information, the order process can be closed by clicking on the „Send order” button, and in case of successful payment, the system will automatically send the order confirmation and the invoice to the specified e-mail address. Before clicking on the „Submit order” button, the Customer can still check that the data required to finalize the order has been entered correctly. In the case of PayPal payment method, the Customer by clicking on the PayPal button below the box containing the payment method the Customer can complete the order with a successful payment after entering and sending the data requested by PayPal, when the system will also automatically send the order confirmation and invoice to the e-mail address provided. Before clicking on the „PayPal” button, the Customer can still check that the data required to finalize the order has been entered correctly. If the payment is successful, the order confirmation page will appear, which contains the order details and a unique order number of the order.

Customer can correct the data entry errors at any time before sending the order, can delete the product from the cart by returning to the appropriate pages. If the Customer has finalized the online ordering process by providing the requested information and making a successful payment, this will be considered as an offer from the Customer. The contract for the sale and purchase is concluded with the confirmation of the order by the Service Provider.

If the Customer has added Product(s) to the cart, but leave the Website without placing an order for the products in the cart, the contents of the cart will be deleted.

  1. Payment methods

The purchase price of the Product can be paid up to the Customer’s choice by credit card and PayPal (online payment).

In all cases, the Service Provider shall issue an invoice or a document equivalent to an invoice, the details of which shall be provided in accordance with the provisions of Act CXXVII of 2007 on value added tax to the tax and customs authorities. The Service Provider excludes its liability for the legal consequences arising from any untrue data provided by the Customer during the purchase.

  1. Information on the warranty, product guarantee and commercial guarantee given by the Service Provider and the rights of the Customer in this regard.
  2. Warranty

In what cases can you exercise your right to warranty?

In the case of a faulty performance by the Service Provider, you may assert a warranty claim against the company in accordance with the rules of the Civil Code.

What rights do you have based on your warranty claim?

You can choose to have the following warranty claims:

You may request a repair or replacement, unless it is impossible for you to meet the demand you choose, or it would cause a disproportionate additional cost to the business. If you have not requested or been unable to request a repair or replacement, you may request a pro rata reduction of the price or you may have the defect repaired at your own expense or have it repaired or, ultimately, withdraw from the contract.

You may transfer from your chosen warranty to another, but you will have to bear the cost of the transfer, unless it was reasonable or the cause was given by the company.

What is the deadline for claiming your warranty?

You must report the defect immediately after it is discovered, but not later than two months after the defect is discovered. However, I would like to draw your attention to the fact that you may no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.

Against whom can you assert your warranty claim?

You can enforce your warranty claim against the company.

What are the other conditions for enforcing your warranty rights?

Within six months of the performance, there are no conditions other than the notification of the defect to enforce your warranty claim, if you prove that the product or service was provided by the Service Provider. However, after six months from the date of performance, you must prove that the defect you identified was already present at the time of the performance.

  1. Product guarantee

In what cases can you exercise your product guarantee rights?

In the case of defect of a movable property (product), you may, based on your own decision, assert the right or claim for product guarantee specified in point 1.

What rights do you have based on your product guarantee claim?

As a product guarantee claim, you may only request the defective product be repaired or replaced.

In which case the product shall be considered as defective?

A product is defective if it does not meet the quality requirements in force at the time of placing it on the market or if it does not have the characteristics specified by the manufacturer.

What is the deadline to enforce your product guarantee claim?

You can assert your product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, you lose your right to enforce your product guarantee claim.

Against whom and under what other conditions can you assert your product guarantee claim?

You can only assert a product guarantee claim against the manufacturer or distributor of the movable property. You must prove the defect of the product in the case of a product guarantee claim.

In which cases is the manufacturer (distributor) exempted from its product guarantee obligation?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

– the product was not manufactured or released to the market in the course of its business activity, or – the defect was not detectable at the time of placing on the market in the light of science and technical knowledge, or – the defect of the product is due to the application of law or a mandatory official regulation. 

It is sufficient for the manufacturer (distributor) to prove one reason for the exemption.

Please note that due to the same defect, you cannot claim warranty for a product and product guarantee at the same time. However, if your product guarantee claim is successfully enforced, you can assert your warranty claim against the manufacturer for the replaced product or the repaired part.

  1. Commercial guarantee

In what cases can you exercise your commercial guarantee right?

In case of defective performance, the Service Provider is NOT obliged to provide a warranty.

  1. Shipping Information
    • Customer shall pick up the ordered Product personally at 1024 Budapest, Keleti Károly utca 13 / A. after prior consultation, or in case of the Customer’s such request, the Service Provider will deliver the ordered Product through its shipping partner to the specified delivery address.
    • Shipping costs depend on the ordered Product(s), its size and weight, and the shipping address provided. The customer will be informed about the exact delivery cost after selecting the Product and entering the delivery address.
    • Delivery due date: The time of the delivery can be up to 10-14 days from the confirmation of the order depending on the type of the purchased product and the provided delivery address, or even several weeks in case of delivery outside of Europe. The framing of the image and the customs clearance required in non-EU countries take extra time. Our shipping partner undertakes different deadlines for delivery to different countries, depending on the distance, which can be up to 4-6 days, or it can be even longer in case of delivery outside of Europe.
  2. Intellectual Property Rights
    • Gábor Hajdu is the sole owner of the personal and property rights related to the content available in the Web Store, especially the mandalas as copyrighted works depicted on the Product.
    • Reproduction, copying, publication or modification of any content on the Website and in the Web Store by any means is strictly prohibited, including through any electronic means. This prohibition applies in particular to graphic content, textual content, logo, photo and video material on the Website and in the Web Store. It is strictly forbidden to create any work or product based on the content of the website or the Web Store.
    • The sole operator of the website and the Web Store, including the rights, domain and trade name required to display the website and the Web Store, is the Service Provider.
    • User shall respect all copyrights and other related rights in connection with the Products and the Website.
    • The Products, the Web Store or the website may not be reproduced, copied, saved, or otherwise used (structure, design elements, etc.) either in whole or in parts.
  3. Access
    • User agrees to that
  • not using any automated data downloading, retrieval, or program with similar function, application, algorithm or method to access, copy or monitor the content of the Website;

 

  • not using any other program, application, algorithm or method other than a publicly accessible Internet browser and search engines to access, copy or monitor the content of the Website;

 

  • not posting any content that contains virus, spyware, or any other software, application, program, algorithm that can damage or adversely affect the website, the Web Store, or the Products;
  • not attempting to decrypt, modify or otherwise interfere with any other software associated with the Website.

12.   Exercise of rights

12.1. Handling of Complaints

Customer may submit customer / consumer complaints related to the Product or the Service Provider’s activities at the contact details provided in point 1.

In the case of a complaint communicated using electronic communication service, the Service Provider shall send a copy of the minutes to the Customer at the latest simultaneously with the substantive reply. In all other cases, the Service Provider shall act in accordance with the legal provisions applicable to written complaint.

Service Provider provides the complaint recorded by the means of communication equipment with a unique identifier, which simplifies the retrieval of the complaint later.

Service Provider shall respond to the received complaint in written form within 30 (thirty) days, within this deadline Service Provider shall arrange the postal forwarding (dispatch) of the response to the customer complaint.

If the complaint is rejected, the Service Provider shall inform the Customer about the reason for the rejection and procedure of which authority or conciliation body the Customer may initiate, depending on the nature of the complaint. If the Customer complies with the Hungarian Civil Code as a consumer the information shall also include the registered office, telephone and internet contact details and mailing address of the competent authority or the conciliation body of the permanent address or residence of the Customer.

12.2. Other options for the exercise of rights

If any legal dispute between the Service Provider and the Customer is not settled during the negotiations with the Service Provider, the Customer may initiate legal proceedings, and – if the Customer qualifies as a consumer within the meaning of the Consumer Protection Act – in the event of a consumer dispute, the Customer may file a complaint at the consumer protection authority or initiate proceedings before the conciliation body of the Customer’s domicile and residence. In the absence of the domicile and residence of the Customer qualifying as a consumer, the competence of the conciliation body shall be established by the registered office of the Service Provider, according to which the data of the competent conciliation body are as follows:

Conciliation Board Budapest, seat: 1016 Budapest, Krisztina körút 99., mailing address: 1253 Budapest, Pf.: 10., e-mail address: bekelteto.testulet@bkik.hu, telefax: +36 (1) 488-2186, phone number: +36 (1) 488-2131. Other information shall be found on the website: https://bekeltet.bkik.hu/

  1. Amendments
    • Service Provider is entitled to amend the Conditions unilaterally at any time by publishing the amendment on the website eight days prior to its entry into force.
    • User accepts the amendment by using the Service for the first time after the publication of the amendment.
  2. Governing law and forum
    • The use of the website and the Web Store, the sale and purchase of the Products, the Conditions and the legal relations arising from them shall be governed by the Hungarian law.
    • Ordinary courts with competence and jurisdiction under the Code of Civil Procedure have the right to resolve legal disputes related to the use of the website and the Web Store, the sale and purchase of the Products, the Conditions and the legal relations arising therefrom.
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