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General Terms and Conditions

Welcome on the website operated by ERGOFÉM Kft. (hereinafter referred to as: Service Provider). This General Terms and Conditions (hereinafter referred to as: GTC) includes the conditions of use of service by the customer (hereinafter referred to as: Client) which are available on the website www.delacier.com (hereinafter referred to as: Website).

The Privacy Policy provides information on the processing of personal data of the Client, which is directly accessible through the homepage.

Those technical information related to the use of the Website which are not included in this GTC are provided by other information.

The language of the agreement is Hungarian.

The agreement shall be deemed as a written agreement, which is filed by the Service Provider with order number, thus it is accessible and available.

The Service Provider is not bound by any code of conduct.

By using the Website and by ordering, the Customer acknowledges and accepts the following:

1. The Service Provider

Company name:

Ergofém Kft.

Registered seat, postal address:

H-5661 Újkígyós, Eperjes út 2.

Telephone:

 +36-20-968-2732

E-mail:

info@delacier.com

Taxnumber:

22686565-2-04

Company registration number:

04-09-009934

Registering court:

Registration Court of Gyula

Hosting service provider:

DiMa.hu KFT

 

2. Terms of use

    2.1. Liability

    The Customer may use the Website only at his own risk and accepts that the Service Provider does not take the responsibility for material and non-material damage arisen during the use, except the responsibility for intentional breach of contract, and breach of contract resulting in loss of life, or harm to physical integrity or health.

    The Service Provider excludes all responsibility for the conduct of the user of the Website. The Client is obliged to ensure that during the use of the Website he does not directly or indirectly violate the rights of third parties or the legal regulations. The Client is fully and exclusively responsible for his own behaviour, the Service Provider shall fully cooperate with the acting authorities in such a case in order to detect the infringement.

    The Service Provider is entitled, but not obliged to check the contents which have been made potentially available by the Clients during the use of the Website and the Service Provider is entitled, but not obliged to search for evidence of illegal activities regarding the published contents.

    The pages of the service may include connection points (links) which lead to the website of other service providers. The Service Provider is not responsible for the data protection practices of such service providers and activities of others.

    Due to the global nature of the internet, the Client accepts to act in compliance with the respective national legal regulations as well, during the use of the Website. If any activity related to the use of the Website is not allowed according to the law of the home state of the Client, it is the Client who is exclusively responsible for such use.

    In the case of that the Client finds inappropriate content on the Website, he is required to indicate this to the Service Provider without delay. If the Service Provider considers during his act in good faith that such notification is founded, it is entitled to promptly delete or amend such information.

    The Service Provider shall endeavour to provide detailed and accurate information to the extent possible at each product description. It is not responsible for any (direct, indirect) temporary or permanent damages arisen from the improper use, furthermore it does not take the responsibility for damages arisen from negligence or imprudence.

    2.2. Copyrights

    The Website, its graphical elements, text and technical solutions and the elements of the Service are under copyright protection or right to other intellectual property (especially trademark protection). The Service Provider is the copyright holder or the authorized user of all contents published on the Website or during the provision of services available through the Website: any copyrighted work, other intellectual property (including all graphics and other materials, the layout, editing of Website interface, used software and other solutions, ideas, realization).

    Saving of the content or certain elements of the Website physically or to other media storage product or printing of such is only allowed for the purpose of private use or in the case of the written prior consent of the Service Provider. Use beyond use for private purposes - e.g. storage in a database, transmission, disclosure, making it downloadable, commercialization - is exclusively allowed in the case of the prior written approval of the Service Provider.

    Beyond the rights expressly specified in this GTC, the registration, the use of the Website, and any provision of the GTC does not provide a right to the Client to use and utilize any commercial name and trademark found on the Website. Beyond displaying by the intended use of the Website, temporary reproduction which is necessary to this, copying for private purpose, the intellectual property cannot be used or utilized in any form without the prior written permission of the Service Provider.

    The Service Provider reserves its right to all elements of its service, in particular, to the domain name www.delacier.com, to the subdomain name belonging to this, to any other domain name reserved by the Service Provider, its subpages, and its online advertising spaces. Any activity which aim is to list, systematize, archive, hack the database of the Service Provider, and to decrypt its source code is forbidden, unless the Service Provider gives a separate permission to this.

    It is forbidden to amend, copy the database of the Service Provider, to store new data in such database or to overwrite the existing data by the circumvention of interfaces and search engines provided by the Service Provider without having a separate agreement related to this, or without the use of a service for this purpose.

    3. Terms of use

    3.1. Registration

      The Client may register on the Website by clicking on “Registration” which can be found in the letterhead of the Website or during the ordering process.

      The following information need to be provided to the Service Provider on the registration or ordering interface:

      • Title
      • Surname
      • First name
      • Date of birth

      The fields marked with an asterisk on the Website must be completed.

      The provision of the billing and delivery address is possible during the ordering process.

      Furthermore, it is possible for the Client to subscribe to the newsletter of the Service Provider or to the notification on the actual discounts on this interface by ticking off the check box.

      The Service Provider informs the Client via e-mail that the registration was successful, in which e-mail the Client may review the data provided during the registration process with the help of a summarizing interface.

      The Client is anytime entitled to delete his registration by sending a deletion request to the e-mail address. Following the receipt of such message the Service Provider arranges for the deletion of the registration without delay. The user data of the Client will be removed immediately from the system following the deletion; however it does not affect the safekeeping of the data and documents related to existing orders; it does not result in the deletion of such data. It is impossible to restore the data following the remove of such and for a new order the data need to be provided again.

      It is the Client who is solely responsible for keeping in secret the user access data (especially the password). In case of the Client became aware of that an unauthorized third party may have access to his password provided during the registration, he is required to change his password without delay, and if it can be assumed that such third party misuses the password in any way, the Client is obliged to inform simultaneously the Service Provider.

      The Client undertakes to update the personal data provided during the registration as needed in order to ensure that such data are up to date, complete and real.

      3.2. Order

        The Client can be informed among the products arranged by categories, which can be ordered on the Website and he can select the product that he wishes to order.

        The Client can get further information on the detailed characteristics, price, and other optional feature of the product after clicking on “More information”.

        The Client can select the product that he wishes to order and place it into the virtual cart by clicking on “Add to cart”. Then, one piece of the given product will be placed into the cart.

        If the Client places a product into the cart, the content of the cart is displayed on the screen. Then, the Client has to decide to continue the purchase by clicking on “Continue shopping” or to continue the order by clicking on “Payment”.

        On the interface of the Cart, the Client can review and check in detail the list of the products placed into the cart, its gross prices, the number of pieces that he wishes to order, and at the bottom of the summarizing chart the value of his order and he is able to modify the quantity on such interface as well, by using the arrows.

        On this interface, the Client can anytime modify the content of the Cart, since it is possible to delete products from the cart by clicking on “X” or to modify the quantity (number of pieces) of the products by using the arrows.

        The Client is obliged to provide any data on the ordering interface in order that the Service Provider will be able to fulfil the order.

        Following the provision of the data necessary to the order, the Client shall select the delivery and payment method among the available options.

        The Client can send his order by clicking on “Ordering” which can be found at the bottom of the page. The Service Provider informs the Client that the order was successful on the subsequent interface as well, where the number of the order of the Client is available.

        So, the order is done by clicking on “Ordering”, which makes an obligation on the Client’s side to pay.

        3.3. Repair of the error in data-input

        It is possible to the Client to repair at any time the error in data-input on the Website, even in his own account, which can be modified after sing-in, even on the ordering interface (e.g. deletion of the product from the cart by clicking on “X” ) during any phase of ordering and by sending the order to the Service Provider. For example, a quantity wrongly given, or a typo in the ordering data shall be deemed as an error in data-input.

        3.4. Binding offer, confirmation

        The receipt of the offer sent by the Client shall be confirmed by the Service Provider without delay, by sending an automatic confirmation email to the Client, which confirmation email includes the data provided by the Client during the purchase and registration (billing and delivery information), the identification number and the date of the order, the enumeration and the quantity of the elements belonging to the ordered product, the purchase price of the product, the delivery cost and the total amount to be paid.

        Such confirmation email sent by the Service Provider shall be considered as the acceptance of the offer of the Client, by which a valid agreement is made between the Service Provider and the Client.

        The Client exempts from the binding offer, if it does not receive without delay, but within 48 hours at the latest the confirmation email sent by the Service Provider regarding the order sent by the Client.

        If the products are missing from the stock, the Service Provider shall consult with the Client via email or telephone.

        If the Client has already sent the order to the Service Provider and he notices an error regarding the data included in the confirmation email, he shall indicate the Service Provider about such error within 1 day, in order to avoid the fulfilment of an unwanted order.

        The order shall be deemed as an agreement concluded electronically, regarding which Act V of 2013 on the Civil Code and Act CVIII of 2001 on Electronic Commerce and on Information Society Services shall prevail. The agreement falls within the scope of the Government Decree no. 45/2014 (II.26.) on the detailed rules of the agreement concluded by and between a consumer and an enterprise and respects the provisions of the Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.

        3.5. The price of the products, discounts

        The price of the products displayed on the Website is indicated as including the value added tax and other charges (in gross). The purchase price of the products includes the delivery costs as well. No separate wrapping costs are charged.

        The price of the products is indicated in Hungarian forint (HUF).

        If the Client orders a product, the Service Provider is obliged to deliver the selected product to the Client on the final consumer price which is valid at the time of ordering, which price is included in the confirmation which shall be ysent regarding the order.

        If any order or orders have been modified or combined for any reason, the conditions valid at the time of the modification are applicable to the modified order.

        3.6. Payment


        3.7. Invoice

        The Service Provider gives a printed invoice together with the product to the Client at the time of the delivery of the ordered product in order to certify the payment.

        3.8. Delivery and possibilities to take over the product

        The orders executed on the Website are delivered by DPD courier service to the address provided by the Client during the online order. The courier service delivers the products from Monday to Friday, from 08:00 to 17:00. If the Client is not available at the given address during such period, it is useful to give a delivery address at which it is sure that the Client can take over the ordered product.

        The Service Provider does not undertake to deliver a product to a specified hour.

        The Service Provider sends a notification about the current status of the package via email to the email address of the Client provided during the registration.

        If the Client is not available at the given delivery address at the time specified by the courier service and the take-over of the package fails to be completed, the courier leaves a notification at the delivery address. The Client has the opportunity to provide a new delivery address or to consult with the courier service with the help of the number indicated on the notification. The courier service attempts the delivery of the ordered product once more.

        The courier service attempts the delivery only twice, however, if the second delivery is still unsuccessful - for a reason attributable to the Client - then the courier returns the product to the Service Provider who is entitled to resell the product, and to delete the order. In such case, if the Client requests the re-delivery of the product, it shall pay the costs of the re-delivery to the Service Provider.

        If the Clients detects a damage on the product or on the wrapping during the takeover, it shall request to draw up a minutes on the damages. If the wrapping or the product is visibly damaged at the time of the takeover and the damage occurs prior to the takeover of the product, then the Service Provider provides the takeback of the product free of charge. The Service Provider does not take responsibility to damages detected following the takeover!

        3.8.1. Delivery costs

          The delivery is free of charge!

          If the Service Provider receives more orders from the Client on the same day, but at different times, they will be taken separately into consideration in terms of the home delivery costs of such. If the Client indicates during the second order and it is still possible based on the response of the Service Provider, the Service Provider may combine the orders. It is not possible to combine the packages which are already on their way.

          3.8.2. Deadline of the delivery

            The deadline of the delivery of the order is 7 - 12 business days.

            Following the conclusion of the agreement, the Service Provider - unless otherwise agreed by the Parties - shall provide (deliver) the consumer with the product without delay, but no later than within 30 days.

            In case of delay of the Service Provider the Client who is considered as a consumer is entitled to set a second deadline. If the Service Provider fails to perform within such second deadline, the consumer is entitled to withdraw from the agreement.

            The consumer is entitled to withdraw from the agreement without setting a second deadline, if:

            • the Service Provider refuses to perform; or
            • the agreement should have been executed at a specified time - and not at an other time -pursuant to the agreement of the parties or the recognizable purpose of the service.

            4. Right of withdrawal

            4.1. Deadline of the delivery

            The provisions of this point are exclusively applicable to natural persons acting for purposes which are outside their trade, business or profession, who buy, order, receive, use a product, and who are an addressee of the commercial communication and offer related to the product.

            In the case of an agreement for the sale and purchase of the product, the consumer is entitled to withdraw from the agreement without reasoning within fourteen (14) days from the day of the takeover of

            • the product,
            • the product which was provided at the latest, in case of more products
            • the item or piece which was provided at the latest, in case of a product consists of more items or pieces,
            • the first service, if the product shall be provided regularly within a specified period of time,

            by the Consumer or by a third party other than the carrier specified by the Consumer.

            The Consumer is also entitled to withdraw from the agreement during the period between the day of conclusion of the agreement and the day of takeover of the product.

            If the Consumer wishes to withdraw from the agreement, he shall send (e.g. by post, fax or e-mail) his clear declaration including his withdrawal will to the Service Provider by the use of the contact details indicated in point 1 of this GTC. For such purpose, the Consumer is entitled to use the declaration of withdrawal which is available under the following link [insert link], but it is not mandatory. The consumer exercises his right of withdrawal on time if he sends his declaration of withdrawal to the Service Provider before the expiry of the above deadline.

            It is the Consumer who needs to prove that he exercised his right of withdrawal in accordance with the provisions defined in point 4.

            In both cases, the Service Provider confirms in e-mail the receipt of the declaration of withdrawal of the Consumer without delay.

            In case of a withdrawal in writing, if the Consumer sends his declaration within 14 calendar days (even on the 14th calendar day) to the Service Provider, it shall be considered as a right exercised within the deadline.

            The Service Provider takes into account the date of posting in case of sending the notification by post, and the date of sending the e-mail or fax in case of sending the notification by e-mail or fax, for the purpose of calculation of the deadline. The Consumer shall send his declaration as a registered letter in order that the date of posting can be credibly proven.

            The Consumer is obliged to send back the ordered product to the address of the Service Provider indicated in point 1 without unnecessary delay, but within 14 days from the communication of his declaration of withdrawal at the latest. If the Consumer sends back (posts or hands over it to a courier) the product before the expiry of the above 14-day deadline, the deadline shall be considered as met.

            The Consumer shall bear the costs of return of the product to the Service Provider, unless the Service Provider undertakes to bear such costs. However, the Service Provider does not undertake to organise, carry out the return of the product, furthermore it does not undertake to bear the costs of return of the product instead of the Consumer. The Service Provider does not take over the products sent back by cash on delivery. In addition to the costs of return of the product, no further costs shall be borne by the Consumer in relation to the withdrawal.

            If the Consumer withdraws from the agreement, the Service Provider reimburses all considerations performed by the Consumer without delay, but within 14 days from the receipt of the declaration of withdrawal at the latest, including the costs of carriage (paid for the delivery), except those additional costs, which incurred because the Consumer chose a mode of carriage other than the cheapest, standard mode of carriage offered by the Service Provider. The Service Provider is entitled to withhold the reimbursement as long as it receives back the product or the Consumer credibly justifies that he sent back the product: the Service Provider takes into consideration whichever is earlier.

            During the reimbursement the Service Provider uses a payment method which is equal to the payment method applied during the original transaction, unless the Consumer gives its express consent to another payment method; no additional costs shall be borne by the Consumer in relation to the application of such reimbursement method.

            The Consumer is only responsible for the amortization of the product, if it has been occurred due to the use exceeding the use necessary to the establishment of the nature, quality and function of the product. The Service Provider may demand the reimbursement of the costs of the amortization of the product which arisen from the use exceeding the use necessary to the establishment of the nature, quality and function of the product and its reasonable costs - if it begins to fulfil the agreement on the provision of a service before the expiry of the deadline for the express request of the Consumer and if it exercises its right to terminate the agreement.

            The Consumer is not entitled to withdraw from the agreement in case of a product which is not prefabricated and which has been manufactured on the basis of the instruction of the Consumer or his express request, or in case of a product which has definitely been tailored to the Consumer.

            5. Warranty, Product Guarantee, Commercial Guarantee


            5.1. Warranty

            The Client may enforce a warranty claim against the Service Provider in case of defective performance of the Service Provider. In case of a consumer contract, the Client may enforce a warranty claim during a 2-year limitation period from the delivery date for those product defects which have already existed at the time of the handover of the product. Beyond such 2-year limitation period the Client cannot enforce his warranty claims.


            In case of a non-consumer contract the entitled person may enforce a warranty claim during a 1-year limitation period from the delivery date.


            The Client is entitled - pursuant to his choice - to request the repair or replacement of the product, except in case where compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to an alternative remedy. If the Client did not or cannot request the repair or replacement of the product, then he is entitled to demand a commensurate reduction in the consideration or he is entitled to repair the defect himself or have it repaired at the Service Provider’s expense, or - in the last case - to withdraw from the contract. The Client is not entitled to withdraw from the contract in case of a minor defect.


            The Client is entitled to switch from the warranty right he has selected to another, however the cost of such switch-over shall be borne by the Client, unless it was justified or it was made necessary by the Service Provider’s conduct.


            The Client shall be required to inform the Service Provider of any defect following the discovery of such without delay, but no later than two months from the discovery of such.


            The Client can enforce his warranty claims directly against the Service Provider.


            Within six months from the fulfilment of the contract there is no further condition regarding the enforcement of warranty rights, in addition that the defect must be communicated, if the Client justifies that he purchased the product from the Service Provider (by presenting the invoice or the copy of the invoice). In such a case, the Service Provider can exclusively be exempted from the warranty if it can rebut the presumption, i.e. it can prove that the defect of the product occurred following the handover of the product to the Client. If the Service Provider can prove that the defect occurred due to a reason attributable to the Client, it is not obliged to accept the warranty right to be enforced by the Client. After the expiry of the above six-month period from the fulfilment of the contract, the Client is required to prove that the defect discovered by the Client has already existed at the time of fulfilment of the contract.


            If the Client enforces a warranty right only for a separable part -in terms of the given defect - of the product, the warranty right shall not be deemed as enforced for the other parts of the product.

             

            5.2. Product guarantee

            In case of a defect of the product (as movable) the Client who is considered as a consumer may enforce - pursuant to his choice - the warranty rights or claims defined in point 5.1.


            However, it is not possible on the side of the Client to enforce simultaneously a warranty and a product guarantee claim for the same defect. However, in case of a successful enforcement of a product guarantee right, the Client can enforce his warranty claim against the manufacturer regarding the product or the part of the product which has been repaired.


            As a product guarantee, the Client can only require the repair or the replacement of the defective product. During the enforcement of a product guarantee claim it is the Client who is required to prove the defect of the product.


            A product shall be deemed as defective, if it is not in compliance with the quality requirements which are effective when the product is placed on the market, or if the product does not have the features included in the description provided by the manufacturer.


            The Client may enforce a product guarantee claim within a 2-year period from the time when the product was placed on the market by the manufacturer. He loses his right after such period has lapsed. The Client is obliged to inform the Service Provider about the defect without delay after the discovery of such. If the notification of the Service Provider about the defect is made within two months of the time it is discovered, it shall be deemed that the notification was made in due time. The consumer shall be liable for any damage that results from the late notification.


            The Client can enforce his product guarantee rights against the manufacturer or distributor (Service Provider) of the movable.


            The manufacturer, distributor (Service Provider) shall be exclusively exempt from warranty obligation if able to prove that:


            • he manufactured or placed the product on the market in the course of operations other than in the course of its business activity; or
            • the state of scientific and technical knowledge at the time when he put the product on the market was not such as to enable the existence of a defect to be discovered; or
            • the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.

            The Proof of only one reason of the above by the manufacturer or the distributor is sufficient to the exemption.


            The Client can announce, enforce his warranty claims via the contact details specified in point 1.


            5.3. Commercial guarantee

            The Service Provider does not sell products which fall within the scope of Government Decree no. 151/2003 (IX.22.) on the mandatory guarantee for certain durable consumer goods.


            6. Remedies

            6.1. Place, time and method of complaint-handling

            The Client can make his consumer complaint in relation to the product or the activity of the Service Provider via the contact details defined in point 1.


            The Service Provider immediately remedies the verbal complaint, if it is possible. If it is impossible to remedy the verbal complaint due to the nature of the complaint, or the Client disagree with the handling of the complaint, then the Service Provider draws up a minutes about the complaint which shall be kept for five years together with the substantive response given to the complaint.


            The Service Provider shall handover right there a copy of the minutes to the Client in case of a verbal complaint which is personally made (in the premises), or if it is impossible, it shall act pursuant to the rules detailed below regarding the written complaint.


            In case of a verbal complaint made via telephone or by the use of other electronic communication service, the Service Provider shall send a copy of the minutes simultaneously with its substantive response at the latest.


            In any other cases, the Service Provider shall act pursuant to the rules applicable to written complaints.


            The Service Provider provides the complaint recorded by the help of a telephone or other communication tools with a unique identification number, which simplifies the retrieval of the complaints.


            The Service Provider provides a substantive response to the written complaints that it received, within 30 days. Under such contract, the posting means taking measures.


            In case of the refusal of the complaint, the Service Provider informs the Client about the reason of such.


            6.2. Other remedies

            If the consumer dispute between the Service Provider and the Client is not resolved during the negotiation with the Service Provider, the Client who is considered as a consumer may turn to the conciliation panel which is competent based on the place of residence or stay of the Client and may initiate the procedure of the Panel, or he may also turn to the Conciliation Panel which is competent based on the registered seat of the Service Provider, furthermore, in addition, the following remedies are open to the Client:

            • making a complaint at the consumer protection authority,
            • initiation of the procedure of the conciliation panel

            Conciliation Panel of Békés County

            Address: 5061 Békéscsaba, Penza ltp. 5.

            Tel.: (66) 324-976, 446-354, 451-775

            Name: Dr László Bagdi

            E-mail address: bmkik@bmkik.hu


            • initiation of a court procedure.


            For the purpose of the rules applicable to the Conciliation Panel, the following shall be considered as consumer: NGO, church, condominium, housing association, micro-, small- and medium-enterprises under a separate law who purchase, order, receive, use a product, or who is the addressee of the commercial communication, offer related to the product.


            7. The unilateral amendment of the General Terms and Conditions

            The Service Provider is entitled to unilaterally amend this General Terms and Conditions subject to prior notification of the Clients on the Website. Following the entry into force of the amended provisions, they become effective against the Client during the first use of the Website, so such provisions shall apply to the orders made following the amendment of the provisions.


            This General Terms and Conditions shall enter into force on: 30 July 2016

            The downloadable version of this document is available by clicking on the following link […]