Adatvédelmi nyilatkozat EN
TERMS AND CONDITIONS
Effective as of December 1, 2015
- GENERAL INFORMATION
These Terms and Conditions apply to all transactions on the www.lazarvero.com website (the “Website”). By using or accessing or visiting the Website, users (referred to herein as the “Customer”) represent that they have read and accept the Terms and Conditions applicable to the use and services of the lazarvero.com webshop(the “Webshop”), including its data management policies.
The jewellery being distributed and sold through the Webshop is designed and manufactured by VeronikaLázár (the “Seller”) as an independent entrepreneur. This document includes the general terms and conditions applicable to the use of the Website and Webshop operated by the Seller and governs the relationship between the Seller and the Customer.
All orders placed on the Website bring into existence a legally binding contract between the Seller and the Customer. The language of such contracts is Hungarian, an English translation is being provided for your convenience. The contract is considered as an electronically concluded contract, which will be archived and can be searched and viewed later.
The Seller only contracts with Customers who are over 18 years of age and have full capacity. In the case of orders by underage persons, the written approval of a legal guardian is required.
The Selleris available to answer any questions regarding the operation of the Webshop, and the order and delivery processes at the contact details provided below under Seller Data.
- SELLER DATA
Name: Veronika Lázár individual entrepreneur
Address: 1112 Budapest, Rupphegyi út 11/c, Hungary
Telephone: +36 30 2214125
Registration No.: 43102198
Tax No.: 67068243-1-43
Registered at theCentral Office for Administrative and Electronic Public Services
Data protection registration No.: NAIH-90154/2015, newsletter: NAIH-104107/2016
Webhost name, e-mail: Teratorium Online Kft., email@example.com, teratorium.hu, 1119 Budapest, Hadakútja 2. Hungary, +36 20 927 6631, +36 30 550 9862
- PRODUCT INFORMATION
The Seller designs, manufactures and sells unique jewellery and accessories. The Seller indicates the name and description of the products in the Webshop and provides a photo/photos of each product. The Seller endeavours to provide photos that match the appearance of the products as much as possible, however, these are for illustration purposes only as there may be small differences in colour, proportions or patterns since each item is handmade. The Seller is not liable for any differences between the images that appear in the Webshop and the actual appearance of the product. Customers can specially commission unique jewellery that is not in stock.
The jewels sold by the Seller are made in compliance with the requirements of the Assay Office of the Hungarian Trade Licensing Office and are hallmarked.
- HOW TO ORDER
The products that appear in the Webshop may only be ordered online. The prices of the products in HUF/Euros/US$ are inclusive of VAT but do not include the cost of shipment. HUF prices are converted to EUR/US$ at the official middle rate of the European Central Bank on the date of purchase. The Webshop does not charge a packaging fee.
Customers may browse the Webshop at their leisure, without revealing their identity.
The Seller’s system sends an e-mail confirming all orders, however, the Seller reserves the right to partly or wholly refuse confirmed orders as the products sold in the Webshop are unique, handcrafted jewels and a temporary shortage may arise.
By sending an order (making an offer), the Customer becomes a purchaser of theWebshop. Following the order, theWebshopsends an automatic confirmation. In case of a mistaken order, the Customer may cancel the orderdirectly after receipt of the first confirmation. Performance of the order will commence, however, when the Seller notifies the Customer in a new e-mail of the time of performance.
The Customer must provide the personal data required for fulfilling the order and select mode of payment after providing the shipment and invoicing data.
After selecting the payment method, before posting the order, the Customer gets an overview of the order and if she finds all information to be correct, she may actually post the order by clicking on the “Order” button.
5. SHIPPING AND PACKAGING
Items will be sent by registered (signed for) mail within 5 business days of the order. Items ordered will be gift wrapped per order and packaged in a padded envelope to ensure safety. The Seller shall only be liable for the posting date, but not for date of delivery or lost items. After items have been mailed, the Hungarian Postal Service delivers items within the deadlines set out in its own rules of operation. Upon receipt of the package, it is the Customer’s responsibility to open it in the presence of the courier to check that it has not been damaged or whether anything else is wrong. In case of a problem, a complaint must be filed on the spot. The Seller will accept delivery-related complaints only with an official complaint filed with Hungarian Postal Service (Magyar Posta).
Based on the above, as of the date of these Terms and Conditions, delivery charges are as follows:
Shipping and packaging fees per package:
Within Hungary: HUF 600/ € 2 / US$ 2.15
International: HUF 1,800/ € 6 / US$ 6.45
When goods are delivered outside the EU, they may be subject to import duties and taxes. The Customer is responsible for payment of any such import duties and taxes.
The Seller shall not be liable if the Customer provides an incorrect delivery address in the order and therefore delivery becomes impossible. In such case, the Seller shall notify the Customer by e-mail within 5 business days of learning of the delivery failure and requesting a correct delivery address. Costs of repeated delivery to the correct address provided by the Customer shall be borne by the Customer.
6. PAYMENT METHODS
The Customer must pay the full purchase price of the jewel when ordering through one of the following payment methods:
- Advance Bank Transfer -data required for advance bank transfer:
Account no.: HU23 10401093-50526776-74551008
Account name: LázárVeronika EV
Bank: K&H Bank
Bank address: 1123 Budapest, Csörszutca 43, Hungary
IBAN Bank Account: HU23 10401093-50526776-74551008
The Customer will have 3 business days from the automatic e-mail confirming the order placed through the Webshop to transfer the full amount of the order to the Seller’s bank account. The Seller will not hold any jewels ordered past that deadline and the order will be cancelled.
- Bank card payment using PayPal via the secure system of PayPal
- PayPal payment in which case the Customer only need provide any personal data to PayPal and they will not be forwarded to the Seller. If the Customer does not have a PayPal account, payments are possible through the PayPal system using a bank card.
7. RIGHT OF CANCELLATION
With the exception of specially commissioned jewellery, the Customer has the right to cancel the contract at any time up to the end of 8 calendar days after the date of receipt of the goods and may return the jewellery ordered without any justification. The time open for exercising the right of cancellation shall expire at the end of the 8thday following the day when the Customer or any person on his/her behalf received the goods from the courier. The right of cancellation shall extend to 15 days from the order if such time period is longer than 8 days from delivery or if the exact date of delivery cannot be determined.
The costs of returning the jewellery shall be borne by the Customer and not the Seller. In case the Customer exercises her right of cancellation, no charges other than the cost of return of the goods shall be incurred by the Customer, provided, however, that the Seller may demand reimbursement of any damage arising from inappropriate use or return of the jewellery.
The Seller shall without delay, but no later than 14 days from receipt of the returned goods, refund to the Seller the price of the returned goods, including initial shipping costs. The refund shall be with the same payment method as the method used for payment by the Customer except where the Customer expressly consents to a different payment method provided, however, that no extra charges shall apply to the Customer as a result of this payment method.
The Seller may withhold the refund until she receives the jewel(s) or the Customer has provided evidence that she has returned them, whichever occurs first.
Customer may exercise their right of cancellation in writing or by telephone. In the case of written notices sent by mail, the Seller will consider the date of posting as the date of cancellation, whereas for cancellations made by phone, the time of the telephone call. The Seller only accepts postal notices sent as registered packages.
The Customer shall not have a right of cancellation in respect of goods that are not on stock in the Webshop but have been made by the Seller based on the Customer’s instructions or express request or in the case of products that have been clearly personalized to fit the Customer.
8.1. WARRANTY OF MATERIALS
In case of faulty performance by the Seller, the Customer has a right to request repair or exchange, except where the Customer’s choice of repair or exchange is impossible to perform or where it would cause disproportionately high costs to the Seller as compared with the other option. If the Customer has not requested or could not request a repair or exchange, she may request adequate consideration or the Customer may repair or have the fault repaired at the Seller’s expense or may, as a final resort, cancel the contract. The Customer may also decide to enforce another warranty right, however, solely at the Customer’s own expense, except where it was justified or the Seller gave rise to it.
The Customer shall notify the Seller of the fault immediately, but in no event later than two months after its detection. At the same time, as provided in the Civil Code, the Customer shall have two years from the date of purchase to enforce warranty rights. Within six months of the purchase, the Customer need only notify the fault to the Seller, provided that theCustomer can prove that the jewellery was purchased from the Seller through the Webshop. After the initial six-month period, however, the Customer must prove that the fault existed at the time of purchase as well.
8.2. PRODUCT WARRANTY
The Customer shall have a choice between a material warranty and a product warranty. If the Customer chooses product warranty, she may elect either repair or replacement of faulty jewelleryas a remedy. A jewel is considered as faulty if it does not meet the quality requirements in effect at the time sale or if it does not possess the characteristics provided by the Sellerin the product description. In the case of a product warranty claim, the Customer must prove that the jewel is faulty.
Considering the materials used for making the jewels, the following shall not constitute a faulty product: darkening arising from the natural oxidisation of metals, dirt on textiles, deterioration arising from inappropriate use or storage. In the case of faults arising from inappropriate use or damage caused by the Customer, the Seller has no obligation to either replace the product or reimburse its price. The Seller shall have no warranty obligations for faults arising from natural wear and tear, negligent treatment, overuse, inappropriate penetration or any other improper use of the jewel.
9. MISCELLANEOUS PROVISIONS
9.1. If any part of these Terms and Conditions becomes invalid, unlawful or unenforceable, the validity, legality or enforceability of the other parts shall not be affected.
9.2. If the Seller does not exercise a right to which she is entitled under these Terms and Conditions, it shall not constitute a waiver of such right. Any waiver of a right shall only be valid upon express written statement. If the Seller does not insist strictly on a material term of these Terms and Conditionsonce, it does not mean that she waives her right to insist on compliance with such material term at a later date.
9.3. These Terms and Conditions are governed by Hungarian law. Issues not regulated in these Terms and Conditionsshall be governed by Act V of 2013 on the Civil Code, theregulationsondistance contracts – GovernmentDecree (45/2014. (II.26.) – and Act CVIII of 2001 on certain aspects of electronic commerce and information society services (E-Commerce Act).
9.4. The Seller and Customer endeavour to settle all disputes arising between them amicably.
10. HANDLING OF COMPLAINTS
10.1. Both the Webshop and the Seller strive to fulfil each order to the full satisfaction of the Customer. Should the Customer have any complaints in relation to the contract or its performance, the Customer may notify the Seller of such complaint at one of the following addresses:
– by mail to 1125 Budapest, Istenhegyiút 50-52/c, Hungary
– by e-mail firstname.lastname@example.org
10.2. The Seller shall review the complaint forthwith and respond as required, but no later than within 30 days. If the Customer does not agree with the handling of the complaint, the Seller shall take a protocol of the complaint and her related position and provide a copy thereof to the Customer. The Seller keeps all complaint-related correspondence for 3 years.
10.3. The Customer may turn to the Hungarian Authority for Consumer Protection (1088 Budapest, Józsefkrt. 6.) with complaints arising from the order, the quality of the jewel, enforcement of warranty rights and the lawfulness of any terms of these Terms and Conditions.
11.1. The Seller handles all personal data supplied during the use of the Webshop responsibly and in compliance with the rules of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information. All personal data will be handled confidentially and not given to third parties.
11.2. The Seller shall use the data supplied during orders solely for fulfilling such orders. The data of any invoice prepared by the Webshop’s IT systems based on the orders placed through the Webshop shall be stored for the period required under the current accounting laws.
11.3. The Customer may request the deletion or modification of the data stored by sending an e-mail to email@example.com in which case the Seller shall delete the Customer’s name and all other personal data from the records.
DATA PROTECTION STATEMENT
Legal basis of data handling:
Handling of data occurs where the Customer’s data is supplied to the Seller when the Customer places an order through theWebshop.
Aim of the data handling:
Webshopoperation, mailing of orders to Customers
Data handling registration number: NAIH-90154/2015, newsletters: NAIH-104107/2016
- The Seller shall not disclose the data of the Customer or users of the website of the Webshop to third persons except where such third parties are participating in performance of the contract (e.g. in delivery Hungarian Post, Fedex, other courier services), who shall not have the right to use or to disclose to third persons the data received from the Seller in any form.
- When handling Customer data, the Seller shall act in compliance with Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.
- By shopping in the Webshop, the Customer or user of the website of the Webshop voluntarily consents to the storage of her/his data and use thereof in accordance with the Data Protection Statement.
- This Webshopmay contain links to other websites or social pages. If the Customer or user of the website clicks on such links, s/he must consider that such pages have their own data protection regulations. The Seller does not accept liability or obligations in relation to the websites of others (e.g. PayPal system) or the contents thereof.
- In order to ensure that the Webshopruns smoothly and to optimise the information pertaining to the products and services offered, the Seller automatically gathers and stores information in the form of logfiles on the computer of the website user. This includes the Internet Protocol (IP) address, the type of browser, the language settings, the operating system, the internet service provider (ISP) and the time stamp. If the Seller uses non-personal data together with personal data, the Seller shall treat the information as personal data for the duration of the connection.
Data Protection Statement
Consent to handling of data is voluntary. In the unexpected event that Seller should violate the rights related to personal data, the user of the website or the Customer may turn to theNational Authority for Data Protection and Freedom of Information or a court. Detailed rights and remedies related to data handling are included in Chapters 13-17 and 30 of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.
The personal data of the Customer or the user of the website of the Webshopare stored in order to enable the Seller to deliver and track orders. The duration of the data handling is until withdrawal or once the order is fulfilled. The Customer or the user of the Webshop’swebsite may request information regarding the handling of personal data or may request correction, deletion or blocking of personal data.
By shopping at the Webshop, Customers accept the data protection statement and its contents.
12. PROPRIETARY RIGHTS
Lázár Veronika independent entrepreneur as the Seller and Service Provider represents that she is the owner of the information on these pages. The contents and configuration of the www.lazarvero.comwebsite are protected by international and Hungarian law. It is prohibited to trade, modify in any way or reproduce the information, contents or products depicted here. The Seller reserves all of her rights related to the contents and may defend these in court if necessary.
The Webshopis under copyright protection. The products, photos and contents that appear in the Webshop are the intellectual property of the Seller. Printing or copying the contents of theWebshop, or a part thereof to a disk, ssd, usb or SD card for personal, non-commercial use is allowed.
Any use other than personal use (such as storage in a database, publication or downloading, commercial use) is only allowed with the Seller’s prior written permission.
13. ORDERING CUSTOM JEWELLERY
The Customer may choose to order custom jewellery made by the Seller on the basis of a design sent by e-mail or agreed personally between the Seller and the Customer (colours, shapes, collection, type, etc.). The Seller can start work on the item following payment of a 50% advance by the Customer. The Seller shall notify the Customer by e-mail that the jewel is ready. Thereafter, the Customer may purchase the custom-made jewel in accordance with the general shopping process of the Webshop by paying the remaining purchase price and shipping costs.
- Select the products that you wish to purchase and place them in the shopping bagby clicking the “Shopping Bag” button.
- On the Shopping Bagpage you can see the items in your shopping bag, edit the items ordered and their quantity. When done, proceed to checkout by clicking the “Payment” button.
- On the Payment page, please provide payment information and select your payment method.
- Choose a mode of shipment.
- On the Order Review page, review your order and if you find all the information to be correct, click on the “Order” button thereby completing and finalising your order.
Thank you for shopping at lazarvero.com