General Terms and Conditions
GENERAL CONTRACT TERMS
I. Content of the general terms and conditions1. These general terms and conditions (hereinafter: " Terms and Conditions ") cover Delontea. (head office:Budapest, Dob u. 34,1074; registration number: 01-09-398975) (hereinafter: " Seller ") to use the website tea@.ag (hereinafter: " Website ”), as well as for the sale of the Products (see below) listed on the Website (hereinafter: “ Sales ").
2. The parties confirm that the Products are the sole property of the Seller.
3. With the Buyer's acceptance of the provisions contained in these GTC, the Seller sells and the Buyer buys the Products under the conditions established here.
4. Any natural person of legal age who uses the service provided on the Website is considered a customer. A natural person under the age of 14 is only entitled to user registration and use of the Website with parental consent until reaching the age of majority. A natural person who has not reached the age of 14 (hereinafter: " Buyer ") cannot be a Buyer.
5. In matters not regulated in these GTC, the Hungarian laws and official regulations in force at all times shall apply, with the proviso that the operation and management of the services is considered an intermediary service pursuant to Section 2(l) of Act CVIII of 2001 on electronic commerce services and certain issues of services related to the information society.
6. The subject of these General Terms and Conditions are filter and fiber tea herbs, spices, syrups, and accessories distributed by the Seller in a precisely specified quantity in the order sent by the Buyer to the Seller in electronic form after registration (hereinafter: " Product " or " Products ") .
7. The language of the resulting contracts is Hungarian, and they are not considered written contracts, therefore they are not filed by the Seller and are not accessible afterwards.
8. The name and characteristics of the products on the Website, as well as the most important information for each product, are indicated by the Seller in all cases. On the Website, the Seller can also place photos on the data sheet of the products, however, the photos placed in this way may differ from the reality, in some cases they are shown as illustrations.
II. Obligations of the seller
1. The Seller undertakes to confirm the order of the Product to the Buyer within an appropriate period of time, and then - at the Buyer's choice - deliver (have the product delivered) in accordance with the delivery conditions accepted by the Buyer in the order, or provide the Buyer with the opportunity to receive the Product(s) for collection in one of the Seller's stores during opening hours. The Seller sells the Product to the Buyer by fully paying the price of the Product, in accordance with the relevant provisions of these General Terms and Conditions.
2. The Seller undertakes to fulfill the order within 15 days of receiving the order or within another deadline agreed between the Parties and fixed in writing.
3. In the case of non-personal collection, the Seller delivers (have it delivered) the Product to the Buyer, to the Hungarian address specified by the Buyer in the order, where the Product is handed over to the Buyer (or the person named by the Buyer in the order).
4. The Seller provides the Buyer with instructions for use, descriptions and other relevant information and documents that are necessary for the Buyer to be able to fulfill its obligations set out in these GTC.
5. The Seller shall provide the Buyer with the Products or, in place of them, with other products in accordance with the provisions of these GTC, subject to the availability of the procurement sources provided to it.
III. The process of ordering the contract and product
1. In order to order the Product, the Buyer must register on the Seller's Website in advance by filling in the complete and correct data indicated on the Website. Registration is done by filling out the registration form with real data, correctly and completely.
2. By registering, the Buyer undertakes that the data and information provided by him does not infringe the rights or legitimate interests of the Seller or a third party. During the order, the Buyer must accept the General Terms and Conditions in force at the time of placing the order by clicking on the appropriate field. An additional essential prerequisite for the conclusion of each contract is the acceptance of the present General Terms and Conditions of the Seller, which is valid for all Buyers.
3. Ordering the Product is considered an offer to conclude a contract. The contract is concluded by sending the confirmation of the order by the Seller to the customer's e-mail address (hereinafter: " Confirmation "). The Buyer automatically receives a unique identification code in the confirmation e-mail for each order, based on which the Buyer's person and the order can be identified and retrieved by the Seller. If confirmation from the Seller is not received within 48 hours of placing the order, the Buyer is released from the binding offer or contractual obligation.
4. The Buyer has the opportunity to subscribe to the Seller's newsletters during registration or by clicking on the newsletter subscription field on the Website and entering his full name and email address. Signing up for the newsletter is voluntary, but the validity of the consent to the subscription is conditional on it coming from the Customer. The subscription entitles the Seller to regularly send newsletters to the Buyer via email thereafter, until unsubscribing from the newsletter.
Ⅳ. Obligations of the buyer
1. The Buyer submits his order to the Seller in writing (via the Website).
2. In the event of hidden defects in the Products, the Buyer is obliged to report the complaint to the Seller immediately upon becoming aware of it.
3. The Buyer is obliged to pay the price of the Products in full in accordance with the provisions of these General Terms and Conditions, regardless of warranty, guarantee or other claims regarding the Products.
V. Buyer's right of withdrawal
1. From the contract for Products ordered on the Website, the Civil Code. The Buyer, who is considered a consumer according to If the Buyer, who is considered a consumer according to the above, has not received confirmation of the order from the Seller by this date, he may exercise his right of withdrawal up to 14 days from the date of receipt of the confirmation.
2. The Civil Code The Buyer, who is considered a consumer according to
3. In case of withdrawal in writing, it shall be considered valid within the time limit if the Civil Code. The Buyer, who is considered a consumer according to the Act, sends his declaration to the Seller's e-mail address before the end of the deadline using the sample on the Website or in the form of a clear statement. Cancellations sent electronically will be confirmed by the Seller immediately after sending, and within 2 working days at the latest.
4. In case of cancellation, the Civil Code The Buyer, who is considered a consumer, must return the Product affected by the cancellation to the Seller in its original (sale) condition at its registered office as stated in these General Terms and Conditions. The Civil Code The Buyer, who is considered a consumer according to The deadline is considered met if the Buyer sends the product before the end of the 14 (fourteen) day deadline. The Civil Code The Buyer, who is considered a consumer according to the right of withdrawal, shall bear the costs directly incurred in connection with the return of the product, but shall not bear any other costs in addition.
5. The Seller is obliged to comply with Art. to refund the amount paid by the Buyer, who is considered a consumer according to In case of sale of a product, the Seller may withhold repayment of the Purchase Price until the Civil Code. the Buyer, who is considered a consumer, has not returned the product or has not proven beyond doubt that he has returned the undamaged Product to the Seller; of the two, the earlier date must be taken into account. During the refund, the Seller uses the payment method used during the original transaction, unless the Civil Code. a customer who qualifies as a consumer expressly consents to the use of another payment method.
6. The Seller may demand compensation for damage resulting from improper use of the Product. The Civil Code The Buyer, who is considered a consumer according to Art. In view of the fact that the Seller sells, among other things, items necessary for tea consumption, this use practically means everyday use, but the use must not leave any external and especially non-material marks on the product, and it cannot require the Seller to clean or perform similar actions before the Products are re-used. in order to sell. Please note that tea products that arrive in closed packaging cannot be used for eating, nor can they be returned for reasons of hygiene and food hygiene.
VI. Transport
1. If the Buyer expresses an express demand and the Seller provides the opportunity to do so, the Seller will deliver the Products to the Buyer according to the conditions set out in these GTC, which will be done using a courier service against a fixed fee paid in advance by the Buyer. Thus, the Seller has no influence on the circumstances and exact time of delivery, and consequently cannot be held responsible in any respect. In this case, the Seller or the commissioned delivery company will notify you in advance of the expected date of delivery.
2. If the Buyer wishes to make changes to the delivery, he must do so in a timely manner so that the Seller can organize the delivery without interruption. The delivery address can be changed no later than 2 days before the delivery without charging a separate fee.
3. To modify other details of the sale, a written agreement mutually accepted by the Parties is required, which the Parties accept in a unified structure with these General Terms and Conditions.
4. The Seller forwards the Products to the Buyer with an issued delivery note, invoice or other accompanying document.
VII. Purchase price, payment terms
1. In the description of each Product on the Hungarian-language Website, the price of the given product ("Purchase price") is given in Hungarian forints and is indicated as a gross price.
2. The purchase price of the delivered Products is the price specified in advance in the Seller's offer and then in the Confirmation, fixed in accordance with the quantity and type of the delivered Products.
3. The Buyer is obliged to pay the full purchase price in one lump sum to the Seller prior to handover/acceptance by online bank card payment or, at the latest, upon receipt of the Products, cash on delivery, and in the case of personal collection at one of the Seller's stores, on the spot.
4. The contracting parties agree that the invoice will be issued and paid in HUF.
5. The contracting parties agree that all bank costs and payments incurred in connection with the online bank card payment or cash on delivery payment shall be borne by the Buyer.
6. By accepting these General Terms and Conditions, the Buyer expressly accepts and acknowledges that the frequent customer discount to which he is entitled, which may be provided by the Seller, is only possible in case of personal collection.
VIII. Warranty and guarantee
1. Warranty : The Seller may provide a contractual warranty for the Products or the Product may be subject to a mandatory warranty in accordance with the provisions of Government Decree 151/2003. (IX. 22.) on the mandatory warranty for certain durable consumer goods.
2. The Seller only undertakes the mandatory warranty undertaken in accordance with the law, for its minimum duration at all times.
3. Detailed warranty terms are included in the warranty card for the specific product.
4. In the case of a warranty, the Seller is obliged to compensate for defective performance during the warranty period according to the conditions contained in the legal declaration or legislation creating the warranty. You are exempt from the warranty obligation if you prove that the cause of the defect occurred after the performance (i.e. handover of the Product to the Buyer).
5. The warranty does not affect the legal rights of the holder.
6. The rights arising from the guarantee can be asserted by the new owner against the obligee who accepted the guarantee in case of transfer of ownership of the thing.
7. The warranty claim can be asserted within the warranty period. The warranty period begins with the delivery of the Product to the Buyer. If the obligor does not comply with his obligation to the rightful party within the appropriate time limit, the warranty claim can be asserted in court within three months of the expiration of the deadline set in the notice, even if the warranty period has already expired. Failure to meet this deadline will result in loss of rights.
8. Claims arising from the warranty can be asserted with the warranty card. In the absence of a warranty card, the condition for validating warranty claims is that the Seller has failed to hand over the warranty card to the Buyer, but the Buyer presents a receipt confirming the payment of the consideration.
9. Warranty for accessories : In the event of defective performance by the Seller, the Buyer may assert a warranty claim for accessories against the Seller pursuant to the Civil Code. according to its rules.
10. The Buyer may - according to his choice - make use of the following accessory warranty claims: he may request repair or replacement, unless the fulfillment of the claim chosen by the Buyer is impossible or would involve disproportionate additional costs for the Seller compared to the fulfillment of other demands. If you did not or could not ask for the repair or replacement, you can request a proportional delivery of the compensation, or the Buyer can repair the defect at the Seller's expense, or have it repaired by someone else, or - in the last case - withdraw from the contract. The Buyer may switch from the chosen accessory warranty right to another, but the Buyer bears the cost of the switch, unless it was justified or the Seller gave a reason for it.
11. The customer is obliged to report the defect immediately after its discovery, but no later than within 2 (two) months from the discovery of the defect. The buyer may no longer assert his accessory warranty rights beyond the two-year statute of limitations from the date of execution of the contract.
12. Within six months from the date of delivery, there is no other condition for validating the accessory warranty claim, apart from the notification of the defect, if the Customer proves that the Product or the service was provided by the company operating the webshop. However, after six months from the date of performance, the Customer is obliged to prove that the defect recognized by the Customer was already present at the time of performance.
13. Product warranty : in the event of a defect in the Products, the Buyer may – at his/her choice – assert a warranty claim for accessories or a product warranty. The Buyer, who is a consumer under the Civil Code, may assert a product warranty claim against the manufacturer of the defective product in accordance with the provisions of the Civil Code. As a product warranty claim, the Buyer may only request the repair or replacement of the defective product.
14. The Customer may assert a product warranty claim within two years of the product being placed on the market by the manufacturer. After this deadline, the Customer loses this right.
15. The product is defective if it does not meet the quality requirements in force when the product was placed on the market by the manufacturer, or if it does not have the properties described by the manufacturer.
16. As part of the product warranty, the consumer may demand that the manufacturer (or the Seller who is considered a distributor) (i) correct the defect in the product, or (ii) - if the correction is not possible within a suitable time limit, without harming the interests of the consumer - the replace the product.
17. In the case of replacement, the warranty obligation for the replaced product and in the case of repair for the part of the product affected by the repair is borne by the manufacturer.
18. The Buyer may exercise his product warranty claim only against the manufacturer or distributor of the movable object. In the event of a product warranty claim, the Buyer must prove the defect of the product.
19. The manufacturer is exempt from the product warranty obligation only if he proves that
(a) he did not manufacture or distribute the product as part of his business activity or independent occupation;
(b) at the time the product was placed on the market, the defect was undetectable according to the state of science and technology; or
(c) the defect in the product was caused by the application of legislation or mandatory official regulations.
20. After discovering the defect, the Buyer is obliged to notify the Seller (or in the case of a product warranty, the manufacturer, if the Buyer wishes to assert his claim against him) of his warranty and guarantee claims without delay. The Civil Code in the case of a contract between a Buyer and a Seller who is considered a consumer according to
21. The Seller draws the Buyer's attention to the fact that, due to the same defect, he 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.
IX. Liability
1. The Customer is solely responsible for the use of the Website. The Seller declares that the Buyer is not responsible for damages resulting from his own behavior or that of another user. Just as the Seller does not assume responsibility for damages resulting from data loss or illegal hacking of the Website, data theft, or phishing. In this regard, the Seller does not accept any complaints.
2. In order to ensure safe operation/use of the Website, the Seller assumes the Buyer's knowledge and acceptance of the possibilities and limitations of the Internet, as well as technical knowledge of electronic commerce. Due to the lack of this knowledge, the Seller assumes no responsibility.
3. The Seller shall not be held responsible even if any operational error occurs in the Internet network - attributable to IT and telecommunications (internet) service providers - which prevents the Website from functioning without hindrance or the Sales.
4. The Seller qualifies as force majeure any external cause, event or circumstance that is unforeseeable and cannot be avoided with the usual care and prudence, if it makes it impossible to fulfill all or part of one of its obligations arising from these regulations or if its fulfillment is only possible with delay after such an obstacle has been removed. Such an event is, in particular, war, revolution, rebellion and other disturbances, flood, fire, earthquake, serious epidemic, strike, etc. If, as a result of force majeure, it is not possible to expect the fulfillment of the obligations arising from these regulations in whole or in part, then the commitments made in these regulations are suspended. Damages resulting from force majeure or other unforeseeable events beyond the control of the Seller, including but not limited to:
• the use of the Website or malfunctions,
• changes to data by anyone,
• delays in the transmission of information caused
by • viruses,
• software errors, hardware errors, Internet network errors, other technical errors,
• line or system errors for damages.
5. The Seller also assumes no liability for any deficiencies in the data provided during registration or for any consequences arising from incorrect data. Likewise, the Seller fully excludes liability if the Buyer uses the service without reaching the age limit regulated above.
X. Use of Website
1. The Website can only be used within the framework of the applicable laws, without prejudice to the rights of third parties and the Seller, and in compliance with this Agreement.
2. The Buyer undertakes to use the Website in the manner specified in the Seller's regulations and in compliance with the laws. The Customer is obliged to familiarize himself with the operation of the Website by reading the explanations on the Website, and to inform himself about the operation of the Website with due care.
3. The Buyer is not entitled to display the Seller as a business partner, or to use any logo or image. It is also obligatory to avoid the appearance that a business partnership relationship exists between the Seller and him.
4. The Customer may not behave in a manner that would endanger the safe operation of the Website. The Buyer may not in any way create the impression that he is making an offer on behalf of the Seller or its Partners.
5. In the event that the Buyer operates a website and wishes to draw attention to its website in any form, or to place an appearance relating to the Seller there (whether pictorial or written), then it is obliged to request the written consent of the Seller. In the absence of this, the Seller is not entitled to display it in any form.
6. The Seller may prohibit the Buyer from using the Website and cancel his registration if the Buyer obstructs or endangers the proper functioning of the Website, especially if the Buyer's activities:
• use the service provided to him for unauthorized data acquisition, data transmission or intrusion into other computer systems conducts an experiment or such;
• viewing, obtaining, or attempting to do so without permission, non-public or trade secret data and files stored on the computer or server of the service provider or user, or used in connection with the use of the electronic service;
• It results in unauthorized changes to files and data stored on the seller's server, or attempts to do so.
6. The Seller is entitled to fully inspect the Website in order to ensure the secure operation of the Website and to comply with or, where applicable, avoid the provisions of this chapter.
7. The Website is operated by the Seller, who is entitled to assign, transfer or sell the right to operate it.
XI. Contact, Complaints handling
1. The Buyer is entitled to contact the Seller at the e-mail address info@.ag, and the Seller is entitled to contact the Buyer at the e-mail address provided by him during registration.
2. The Buyer may communicate objections, complaints and comments in writing to the Seller by e-mail, which the Seller is obliged to investigate and respond to within 8 working days and to communicate the result/answer of the investigation to the Buyer at the e-mail address provided by the Buyer during registration.
3. The response to the complaint/objection must include a substantive response to the Customer's complaint, specifying the possible place and methods of enforcement and the deadlines for other legal enforcement listed in the next point.
4. If any consumer dispute between the Seller and the Buyer is not settled during negotiations with the Seller, the following legal enforcement options are open to the Buyer:
• Filing a complaint with the consumer protection authorities,
• Initiating a conciliation board procedure;
• Initiation of court proceedings.
XII. Data management bases
1. During the registration process, the Customer is obliged to provide his personal data in accordance with reality.
2. The Buyer acknowledges and agrees that the data provided by the Seller will be recorded and stored by the Seller after using the service provided on the Website. The Seller is not at all entitled to provide access to the data provided by the Buyer for third parties, the recording of the data only serves the retrievability of the order in the event of possible complaints.
3. The Buyer does not acquire any right to the property rights of the Seller or a third party's rightful owner or to any right not named in these GTC without the express permission of the given owner.
XIII. Final provisions
1. These GTC shall come into effect upon approval by the Seller, upon publication by the Seller (from placement on the Website) and shall be valid for an indefinite period of time (until revocation or subsequent publication of modified GTC shall become invalid). The Buyer expressly accepts that the Seller is entitled to unilaterally amend the General Terms and Conditions at any time, with the Seller obliged to publish the amendment on the Website and make it available to the Buyers no later than when it enters into force.
2. The invalidity of certain provisions of these GTC does not affect the validity of the other provisions of the contractual terms. The parties are obliged to replace the invalid provision with a provision that best meets the purpose of the original provision.
The date of entry into force of these General Terms and Conditions: 31, March, 2022
Buyer's declaration
The customer acknowledges that he cannot exercise the right of withdrawal to which he/she is entitled in principle in the case of a Product:
• which is not pre-manufactured;
• which was produced at the express request of the Buyer;
• which is clearly tailored to the Customer;
• which for health protection/hygiene reasons or due to the exclusion of the further sale of the Product cannot be returned after opening after delivery, so especially tea herbs;
• in the case of teas, after opening the factory packaging, unless the Customer proves that the Product was already defective before opening.
The Customer expressly acknowledges that he/she has read the contents of this document and has registered and ordered the Products on the Website with this knowledge, and that he has ordered the Product(s) taking into account the provisions of the General Terms and Conditions, the Delivery and Payment Terms and the Data Management Statement ) via the Website.