General Terms and Conditions

Present General Terms and Conditions(hereinafter referred to as „GTC”) have to be applied in respect of the electronic trade services (hereinafter referred to as: “Services”) that are provided as regards the products that are accessible and purchasable in the internet store (hereinafter referred to as: “Webshop”) available on the internet website “webshop.kattizoob.hu”of service provider (hereinafter referred to as “Service Provider”) and in respect of the electronic contracts that are concluded in the course of these Services.

 

  1.          Data of the Service Provider

1.1.      Name of Service Provider: Kattiz Ltd.
Registered Seat of Service Provider: 1055 Budapest, Szent István Krt. 17.
Company Register Number: 01-09-670698
Tax Number: 12371404-2-41


E-mail Address:webshop.kattizoob.hu

Phone Number: +36 1 301 02 60

1.2.      Name of storage service provider: Megoldás Most! Kft.
Registered Seat: 1118 Budapest, Otthon u. 23. 
Phone Number: +36205201092  

E-mail Address: mihaly.gyula@mostmarketing.hu

  1.          Basic provisions

2.1. The Law of Hungary has to be applied in respect of issues that are not regulated in present GTC and as regards the interpretation of present GTC and the electronic contracts established between the parties, with special regard to the relevant provisions of Act V of year 2013 on the Civil Code (hereinafter referred to as “Civil Code”) and Act CVIII of year 2001 on certain issues of electronic commercial activities and information society services, and Government Decree 45/2014. (II. 26.) on the detailed rules of contracts between consumers and enterprises. The mandatory provisions of the relevant legislation have to be applied in respect of the parties without separately stipulating it.

  1.          Effect of present GTC

3.1 Present GTC will be effective starting with the day of 1st of September 2016 until it will be withdrawn, and it covers all those electronic trade services that are provided by the Service Provider through the Webshoplocated on the Website.

3.2. Any natural person is entitled to use the Service provided by the Service Provider (hereinafter referred to as “User”), provided he/she accepts the contents of the GTC. (Hereinafter the Service Provider and the User are collectively referred to as “Parties”). [The Users may use the Website and the Service outside carrying on trading activities, exclusively for private purposes, and it is forbidden to mediate the services of the Webshop for trading purposes.]

3.3. Service Provider commits itself to publish its GTC on the Website.

3.4. Service Provider reserves itself the right to modify the GTC partially or fully at any time, unilaterally. The modification will not have any impact on the contract that had been already signed before, that is, always the GTC prevailing at the time of signing the contract will be applied for the given purchase. The modified GTC will come into effect simultaneously with its being published. It is considered to be publication if the text of the modification becomes accessible online on the Website.

  1.          Registration/purchase

4.1. User by purchasing/registering on the Website declares that it became acquainted with the present GTC, he accepts it and considers it to be binding for himself, and he gives his consent for his data being managed.

4.2. User has to give his own true data in the course of purchasing/registration. In the case of giving false data or data that may be connected to other persons in the course of purchasing/registrationmakes the electronic contract created null and void. Service Provider excludes its liability in case User uses its services in the name of another person or the User uses its services with the data of another person.

4.3. Service Provider is not liable for delivery delays or other problems, defects that may be traced back to data that were given by User erroneously and/or inaccurately.

4.4. Service Provider is not liable for damages that are caused by User forgetting his password or if his password becomes accessible to unauthorised persons due to a reason that is not attributable to Service Provider.

4.5. It is forbidden to download, to electronically store, to process and to sell the contents that appear in the Webshop or any of their parts (except the present GTC) without the prior written consent of Service Provider.

  1.          Process of ordering

5.1. User has to login to the Webshop after registering himself, or he may start purchasing even without registration.User has to place the selected products into the virtual basketwith the aid of the “Into the basket” buttonafter setting the number of items of the product or products he wishes to purchase.

5.2. The contents of the „Basket” may be viewed at any time by clicking on the “basket” icon.If User wishes to put other product(s) into the basket, he has to select the “Continue purchase” button. Otherwise by clicking on the “Basket/Cashier” button he may start the ordering process. Subsequently the contents of the “Basket” appears, where he may check the orders and he may modify the number of items, or he may delete the contents of the “Basket” by clicking on the “Dustbin” icon.

5.3. If you do not wish to modify the contents of the “Basket”, by clicking on the “To the Cashier” button you may start ordering. The User may do this through its login user account or without registration by giving the data requested.

5.4. By clicking on the “Taking over/continue” label the User has to give the delivery related data, provided he marked that his invoicing address is other than its delivery address.

5.5. In the next step the desired method of payment has to be selected from the available options and the User has to click on the “Continue” button.

5.6. Subsequently a summary panel appears, in which the User may check his order for the last time, and then he may finalise his order by clicking on the “Send Order” button.

5.7. If User finalised the online ordering process by giving the data requested therein and he clicked on the "Send Order" button, then the order had been submitted. The time when the product is ordered is the time, when Service Provider receives the order of User.

5.8. Service Provider will confirm to User that it has received the order with the aid of an automatic emailat the latest within 48 hours, in which automatic email Service Provider only confirms that it received the order that was sent by User.

5.9. The tools that ensure the identification and correction of the errors that occur in the course of electronically recording the data prior to issuing the contractual legal statements are the following: upon ordering through the Websiteit is possible to identify the errors based on the error message appearing at the data, and the errors may be corrected with the aid of the „Modification of the data of the order” command.Tools that are provided for identifying and correcting the data entry errors prior to sending the contractual statement are the following: the contents of the „Basket" may be checked at any time, they may be changed or even deleted.If you ordered by mistake something else than what you wanted, and you noticed this later on, please indicate it at the email address of ebshop@kattizoob.hu. It is important that you do this without delay, but anyway at the latest within 24 hours.

5.10. According to the classification a contract concluded between the Parties in Hungarian language is not a contract that is laid in writing. Service Provider will not file the contract and it will not be accessible in the future.

5.11. The contract does not contain any reference to any code of conduct.

  1.          Payment

6.1. User will be able to transfer to Service Provider the amount that corresponds to the purchase price of the product or products selected with the aid of the PayPal or CIB Bank page after submitting his order. User may pay through his PayPal account, or if he does not have an account of this type, he may pay with a bank card. When paying with a bank card, it is necessary to give the number of the bank card, its expiry date, its CVC security code and his email address. After giving the data the User has to click on the “Pay” button.

  1.          Information concerning the prices

7.1. The purchase price of the product is the price that is indicated next to the selected product.This price is a gross price given in Hungarian forints (HUF) or Euro (EUR), which therefore does contain the VAT.

7.2. User has to pay the purchase price indicated next to the product on the Website on the day when the order is submitted, even if any change took place subsequently in respect of the purchase price (except prices that had been indicated obviously by mistake, wrongly).

7.3. Service Provider presents in the Webshop the name, the description of the product and it presents images of the products. The images presented on the data sheet of the products may deviate from the real products, since they may have been given only as an illustration. Service Provider does not undertake any liability for the difference between the image presented in the Webshop and the actual appearance of the product.

7.4. If an action price is introduced, Service Provider will inform the Users fully about the action and its exact duration.

7.5. If in spite of all the care exercised by Service Provider the wrong price is indicated on the interface of the Webshop, especially if it is obviously wrong, e.g. it significantly deviates from the price known to the public, the generally accepted or estimated price of the product, or if the price is “0” HUF or “1” HUF that may be displayed because of a system error, Service Provider is not obliged to deliver the product at the wrong price, but it may offer to deliver it at the proper price, in the knowledge of which Client may cancel his purchasing intentThis is so, because in the case of the wrong price there is a striking value disproportionality between the real price and the indicated price of the product, which an average consumer should recognise straight away.

  1.          Delivery related information

8.1. The products you ordered are transported by the GLS courier service(hereinafter referred to as „Transporter”) within the territory of Hungary, to the address that is given in the order. In the case of domestic and integrated consignment delivery, Transporter will do the taking over of the packages in line with the request of the Service Provider at the place that is given by the Service Provider, and it will deliver the packages in such a manner that the packages will be under its surveillance throughout from receiving them until delivery.

8.2. [The service provided by the Transporter includes also the second delivery attempt that follows the first unsuccessful delivery.] If User is unable to take over the package within the time framework that is defined by Transporter, Transporter will automatically return the consignment to the Service Provider for a separate fee. In this case User is obliged to refund to Service Provider the original courier fee and the transporting back fee as well.

8.3. A lost courier service notification is the subject of a courier service complaint to be submitted by customer. Service Provider does not undertake any financial liability arising from this.

8.4. Transport fee:

- Transport cost in Hungary: free shipping (0 EUR)
- Transport to Europe, to an EU country: 14 EUR
- Transport to Europe, to a non-EU country: 19 EUR

8.5. The final amount payable includes all the costs based on the summary of the order and the letter of confirmation. The invoice and the information concerning cancellation are included in the package. User is obliged to ascertain without delay whether the quality and the quantity of the service is appropriate or not.User has to check on the occasion of taking over the product at least the following:

-       the integrity of the package,

-       whether he got the product he ordered,

-       whether he received the quantity of product he ordered and whether the product has any obvious quality defects (e.g. stains, breaking visible on the product).

8.6. In the above cases, when deficiencies are recognised on the occasion of taking over the product, User has to ask Transporter to record a report on the occasion when the package is handed over. Service Provider is not in a position to accept any complaints subsequently, without any report.

  1.          Processing and performance of the orders

9.1. Orders are processed during business hours. It is possible to submit an order outside the periods that are given as the periods of processing the orders, however, if the order is submitted after regular working time, it will be processed on the subsequent working day.

9.2. Usually the delivery of the products is done within 3-4 working days in Hungary) and 4-8 days into Europe,  after the receipt of the order, except if on the occasion of accepting the order Service Provider has given another delivery time.

9.3. The delivery of the products is done in the order of receiving the orders, up to the quantity on stock. In the case of a high number of orders it may happen that Service Provider will have certain articles delivered separately at a later point in time, which may be even[*]days/weeks after the receiving of the order.

9.4. The delivery of the products is exclusively restricted to the territory of Europe.

9.5. Service Provider will charge the transport costs only once, even if transport is done in several lots. The performance of the orders may require a longer time, due to reasons that are independent of the Service Provider.

9.6. Service Provider is entitled to cancel without any reasons the order within 14 days after the submission of the order. Service Provider may exercise its cancellation right through an electronic statement addressed to the User. If Service Provider cancels the performance of the Service, it will take the necessary steps without delay, but at the latest within the above deadline for repaying the amount that was paid by User.

9.7. If Service Provider will not have all the ordered products delivered within 30 days. User will be entitled to cancel the contract with immediate effect.User may exercise his cancellation right through an electronic statement addressed to the Service Provider.

9.8. The time of performance is the time when User takes over the product.

9.9. Service Provider does not undertake any liability for the possible changing of the technical introductions, descriptions taking place without reporting it in advance due to reasons that are due to the Transporter, or reasons that are outside its control. Service Provider reserves itself the right to partially or fully refuse the already confirmed orders.

      10.        Cancellation Right

10.1. According to Directive 2011/83/EU of the European Parliament and Council and the regulations of Government Decree 45/2014. (II.26.) on the detailed rules of contracts between a consumer and an enterprise, User is entitled to cancel the contract without any reasons within 14 days after the receipt of the product ordered. User may exercise his cancellation right with an unambiguous statement containing his cancellation intent to be sent to the address of webshop@kattizoob.hu or it may exercise it by using the statement template that is attached to the package on the occasion of delivery. The provisions referring to the cancellation deadline do not have any impact on the right of User to exercise his cancellation right between the day, when the contract is signed and the day, when the product is received. Exercising cancellation within the deadline leads to the termination of the contract concluded between the Parties, based on which the product taken over and the purchase price paid have to be returned to the other party.

10.2.User has to return the product to Service Provider without delay, but at the latest within 14 days after communicating the cancellation[or to personally hand it over at the address of Service Provider].Sending back, [or handing over] is classified as having been done within the deadline, if the User returns [or hands over] the product before the expiry of the deadline.

10.3. User has to bear the cost of returning the product.

10.4. User is not burdened by any other cost beyond the cost of returning the product, when he exercises the cancellation right, however, Service Provider may demand the refunding of its financial damage that is cause by non-intended use.

10.5. The returned product cannot be ruined or used, except up to the generally expectable, needed usage minimum (e.g. trying it on, viewing the product). If the returned product is damaged or the traces of such use may be seen on it, which exceeds the extent that may be generally expected, Service Provider may charge User the costs of damage or of using the product. This amount may be deducted from the sales price that is to be returned to User.

10.6. The cancellation right is not due to User in the case of a product that is not produced in advance, which were manufactured on the basis of the instruction of the consumer or upon his express request, or in the case of a product that has been unambiguously tailor-made to the person of the consumer.

10.7. According to the above legal provisions, following the returning of the product, Service Provider has to refund to User the amount paid, without delay, but at the latest within 14 days after learning of the cancellation, with the condition that Service Provider may retain the amount paid by user, until User has not returned the product or has not certified with excluding all doubts that he has sent it back; from these two options the earlier time has to be taken into consideration. 

10.8. Service Provider in the course of refunding has to apply a method of payment that is identical with the method of payment that was applied in the course of the original deal, except, if User expressly requested the application of another method of payment. Due to the application of this repayment method no additional cost may burden User.

10.9. Service Provider is not in a position to take over packages that had been sent with cash on delivery.

10.10. We ask you not to damage the product before trying it on and please do not remove its label, because if the product is damaged or if its label is cut out, we will be not able to take it back.

10.11. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between a consumer and an enterprise is available ‘here’.

10.12. Directive 2011/83/EU of the European Parliament and Council is available ‘here’.

10.13. User may contact with its other complaints the Service Provider at the contact points that are given in present GTC.

      11.       Miscellaneous Provisions

11.1. Service Provider is entitled to engage a contributor for performing its obligation. Service Provider is liable for the behaviour of the contributor engaged by it, as if it would have acted itself.

11.2. If any part of present GTC becomes invalid, this will not have any impact on the validity of the remaining parts.

11.3. If Service Provider will not exercise any of its rights that is due to it based on the GTC, the omission of exercising the given right cannot be deemed to be a waiver from the given right. The renouncing of any of the rights will be effective only in the case of a written statement expressly referring to it. The fact that Service Provider does not demand the performance of a substantial condition or stipulation of the GTC in a specific instance does not mean that Service Provider has renounced it, renounced to demand later on the observation of the given condition or stipulation.

11.4. Parties agree that they will try to settle each possible occurring dispute arising from the electronic purchase and sale contractin co-operation between themselves.

     12.       Process of complaint management

12.1. The mission of our Webshop is to perform each order in an appropriate quality, with the full satisfaction of the customer. If in spite of this Consumer would still have any complaint in connection with the contract or its performance, he may present his complaint at the above email address or through letter as well.

12.2. Service Provider will immediately examine any verbal complaint and as needed it will remediate it. If customer does not agree with the handling of the complaint, Service Provider will record a report on the complaint and its related standpoint without delay, and it will hand over a copy of it to customer. Service Provider has to retain the report recorded on the complaint for five years, and it has to present it to the inspecting authorities upon their request.

12.3. Service Provider will answer written complaints within 30 days in writing. It will justify its complaint refusing standpoint. It has to retain the duplicate copy of the response for 5 years and it has to present it to the inspecting authorities upon their request.

12.4. If the complaint of Consumer is refused by Service Provider, Service Provider will inform Consumer in writing as regards the procedure of which authority or mediating body Consumer may initiate.

12.5. Consumer for the case of a legal dispute may also initiate the procedure of a mediating body that operates at the county (Budapest) commercial and industrial chambers. The mediating body that corresponds to the home address of dwelling place of Consumer has jurisdiction to implement the procedure. In the lack of a domestic home address and dwelling place of Consumer, the jurisdiction of the mediating body is established according to the registered seat of the enterprise involved in the consumer legal dispute or of the organisation that is entitled to represent this enterprise.

The list of the mediating bodies located in Hungary are available through the following link:

http://www.ofe.hu/inet/ofe/hu/menu/bekeltetes.html

12.6. Data of the Hungarian Authority for Consumer Protection [Nemzeti Fogyasztóvédelmi Hatóság]:

Nemzeti Fogyasztóvédelmi Hatóság
Address: 1088 Budapest, József krt. 6.
Postal Address: 1428 Budapest, PF: 20.
GPS co-ordinates: X 19.071     Y 47.496
Central phone number: +36 1 459 4800
Fax number: +36 1 210 4677
E-mail: nfh@nfh.hu

      13.       Copyrights

13.1. Since “www.kattizoob.hu”, as a website is classified a copyright work, it is forbidden to download (reproduce) the contents that appear on the kattizoob.hu website or any of their parts, to forward them to the public again, to utilise them in any other manner, to store them electronically, to process or sell them without the written consent of Service Provider.

13.2. Even in the case of a written consent any material from the“www.kattizoob.hu” website and from its database may be taken over only with reference to the given website.

13.3. Service Provider reserves all of its rightsconcerning each element of its service, its domain names, and the secondary domain names generated with them, as well as for its internet advertising surfaces.

13.4. It is forbidden to adapt or to reverse engineer the contents or the specific parts of the“kattizoob.hu” website, to create user identifiers and passwords in a fraudulent manner; to use any application with the aid of which it is possible to modify or index any part of the“kattizoob.hu“ website or any of its parts.

13.5. The“www.kattizoob.hu” name is under copyright protection, using it with the exception of reference may be done exclusively with the written consent of Service Provider.

13.6. User acknowledges that in the case of use without a usage permit a penalty is due to Service Provider. The amount of the penalty is Gross 100000 HUF by images, and Gross 5000 HUF per word. User acknowledges that this penalty stipulation is not excessive, and he will browse the website in the knowledge of this. In the case of the infringement of the copyright, Service Provider will use a notary public fact attestation, the cost of which it will also pass over to the law infringing user.

      14.       Data Protection

14.1 You may find the information concerning the Website’s data management regarding to the Act LXIII. of year 1992 and Act CVIII. of year 2001.


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