GENERAL TERMS AND CONDITIONS
Welcome on the website that is operated by New Age Kft. (hereinafter referred to as: Service Provider). Present General Terms and Conditions contains those conditions of purchasing the products that are available in the www.bernadottejewellery.com webstore (hereinafter referred to as: WebStore) that are in effect as regards the buyer (hereinafter referred to as: Buyer).
Present General Terms and Conditions have to be applied in the case of purchasing in the WebStore any of the products of Service Provider.
The management of the personal data of the Buyer are regulated by the Data Protection Statement.
Those technical information, detailed conditions that are connected to using the WebStore, which are not included in present General Terms and Conditions are included in the additional information that are available through the interfaces of the WebStore.
The language of the contract is English.
The Hungarian law has to be applied as regards the legal relationship between the Parties, the orders submitted electronically and the contract.
The contract is not qualified a written contract, it is not filed by the Service Provider, therefore they are not accessible and cannot be viewed subsequently. Service Provider does not undertake to abide the provisions of any codes of conduct.
Buyer - by using the WebStore or by registering - accepts as binding upon him/her the provisions that are included in the present General Terms and Conditions, and he/she acknowledges and accepts the following:
New Age Ügynökség Kft.
1025 Budapest, Zöldkő u. 11-13A. II/7
Taking over personally:
1025 Budapest, Zöldkő u. 11-13A. II/7
+36 30 9847046
Company Registration Court:
Company Registration Court
Company Register Number:
Bank Account Number:
Storage space service provider:
X-com.hu Szolgáltató Kft.
ACTIVITY THAT IS CARRIED ON IN THE WEBSTORE
The purpose of the WebStore is to sell pieces of Bernadotte Jewellery in an online manner.
The information available on the Website has been published in good faith, however they are exclusively for information providing purposes, and Service Provider does not undertake any liability for the accuracy and completeness of the information. The images presented through the interface of the Website may deviate from reality, therefore the images presented next to the products are exclusively illustrations.
Buying in the webstore
Some parts of the WebStore are available to each Buyer, without registration, however valid registration is a prerequisite of making any purchase through the WebStore.
If the Buyer would like to register on the Website, he/she may do so if during the process of ordering or on the starting page he/she clicks on the label “Registration”, where he/she has to give the following data for the Service Provider:
- Email address
- Invoicing address
- Delivery address, if it is not the same as the invoicing address.
The Buyer may give his/her phone number to the Service Provider, but this is not mandatory.
Service Provider will inform the Buyer in email about successful registration.
Buyer is entitled to delete his/her registration at any time with a message sent to the email address of email@example.com. Service Provider has to take care without delay of deleting the registration after receiving this message. The user data of the Buyer are straight away removed from the system after deleting, however this does not involve the retaining of the data and documents that are connected to the already submitted orders, and it does not lead to the deleting of these data. After removing the data it is not possible to restore them.
Exclusively the Buyer is responsible for keeping the access data (thus especially the password) in secret. If Buyer learns that an unauthorised third person may have accessed his password that was given in the course of registration, it is obliged to change his/her password without delay, and if it can be assumed that the third person misuses the system in any manner with using the password, he/she is obliged to simultaneously notify Service Provider.
Buyer undertakes to update the personal data that had been given in the course of registration as required, in order to make them up-to-date, complete and true.
PROCESS OF ORDERING
Exclusively registered Buyers may make purchases in the WebStore.
The structure of the WebStore is comfortable and ensures the possibility of fast navigation for the Buyer, who may navigate with the aid of the menu items easily within the WebStore.
Buyer may browse the products that are included in the WebStore with the aid of topics that are displayed under the “Collections” menu item and which are grouped under categories.
The Buyer may also search among the products within the WebStore. In the case of a simple search the Buyer has to only enter the word he/she is looking for in the search strip and if any of the products meet this condition, the system will display it.
Buyer may get information about the detailed characteristics, prices and other selectable properties of the product to be ordered by clicking on the name of the product or on the image of the product.
The Buyer may order products from different categories:
The following may be done through the WebStore:
- purchasing products on stock
Buyer may put the product into the cart after selecting the size and the number of items by clicking on the “Put into the cart” label that is located next to the product. Since exclusively registered Buyers may purchase in the WebStore, the system automatically uploads the invoicing and delivery data that had been given on the occasion of registration, which the Buyer has to approve.
- purchasing products not on stock
Ordering operates in the case of these products also the same way as under the previous point, the only difference is that these products are not kept by the Service Provider on stock and if the Buyer orders a product of this kind, the product will be manufactured especially for the Buyer. In this case due to the production of the product delivery takes longer, about which Service Provider informs the Buyer in each case in email.
Buyer may select and put into the cart the product he/she wishes to order by clicking on the “Put it into the cart” button that is on the interface that provides information on the characteristics of the product involved.
Buyer may check at any time the content of the cart by clicking on the “Cart” icon, which is located in the right side menu of the WebStore. At this point he/she may modify the quantity he/she wishes to order from the product that had been put into the cart or he/she may delete the given item by zeroing the button that is located next to the product, or he/she may update the content of the cart. In the case of certain products the Buyer has the possibility to select the colour, size and form of the product he/she wishes to order and he/she may even individually design it in line with his/her own demands.
On the interface of the „Cart” the buyer may decide whether he/she wishes to continue purchasing by clicking on the “Continue purchasing” button, or he may continue the ordering process by clicking on the “Payment” button. If the buyer clicks on the “Payment” button, then the system will inform him/her about the fact that if he/she did not log in yet. At this point he/she should log in, and if the buyer has not registered yet, then he/she may do so by clicking on the “Registration” function. For continuing with the payment the system asks the Buyer to approve his/her previously given invoicing and delivery addresses or to change them as required. By clicking on the „Further to payment” button the Buyer arrives at the delivery option interface, where he/she may select from more possibilities the delivery option that is appropriate for him/her, and he/she has to accept the effective GTC of our store. Subsequently a summary is displayed for the Buyer on the products purchased and their delivery fees. By clicking on the given product he/she may modify the quantity he/she wishes to order or he may even delete it. By clicking on the „Further to payment” button the Buyer will arrive to the payment option interface, where he/she may choose from the options of paying with bank card or by bank transfer. In the case of bank card payment the Buyer is redirected to the page of the financial service provider, where he/she may pay with his/her bank card. The Buyer will be informed on the successful performance or the unsuccessfulness of payment through this page. Subsequently the Service Provider will send to the Buyer the confirmation of his/her order. In the case of bank transfer the Buyer will get all the information required for bank transfer both through the interface of the WebStore and in email.
If the Buyer sees that everything is in order on the summary interface, then the Buyer by marking the check-box located on this interface has to accept the present GTC and the contents of the Data Management Information Document in order to be able to submit the order. If he/she does not do so, then he/she is unable to submit his order.
By sending the “Submit the order” button the order of Buyer is submitted and the Service Provider will soon send a notice to the given email address and it will confirm the order. Submitting the order is done by clicking on the “Submit the order”, which creates a payment obligation for Buyer.
In the case of multi-variable and corporate orders the process of purchasing differs from the above described one due to the fact that the Buyer may put a product of this kind into his/her cart only if the Service Provider after email discussions uploaded it into the WebStore in order to allow the Buyer to order it, however all the subsequent steps of the order are the same as described above.
CORRECTION OF DATA ENTRY MISTAKES
Buyer may correct the data entry mistakes at any time in any of the phases of ordering and before sending the order to the Service Provider, either within his/her own account (under the “My personal data” menu item) or through the ordering interface, in the buyer cart that is indicated by the cart icon (e.g. deleting the product from the cart by setting to zero the quantity selecting button that is displayed next to the product). For example the following are qualified as data entry mistakes: a wrongly given quantity, placing the wrong product into the cart, and then deleting the product from the cart, mistyping the data of the order, etc. (e.g. delivery address).
PURCHASE PRICE OF THE PRODUCTS
The purchase price of the products is indicated as a gross price, that is, it contains VAT and all the other public burdens. The purchase prices of the products do not contain the cost of delivery. You may get information on the cost of delivery under the delivery section in the present GTC.
The prices and delivery costs of the products are defined in EUR as well as in HUF.
Validity of offer, confirmation
Service Provider will acknowledge the order submitted by Buyer without delay, through an automatic acknowledgement email, which acknowledgement email is not the confirmation that is to be sent within 48 hours and it does not mean the acceptance of the offer, it only informs the Buyer about the fact that his/her order arrived to the Service Provider.
This email contains the data that had been given by Buyer in the course of purchasing and registration (invoicing and delivery information), the ID of the order, the date of the order, the product ordered, its quantity, the price of the product, the cost of delivery and the final amount of to be paid.
Service Provider after processing the order, however, within 48 hours will confirm to the Buyer in a second email (a separate accepting email) the possibility of performing his/her order.
Buyer is exempted from under being bound by the proposal, if without delay, that is, within 48 hours he/she does not receive from the Service Provider the second confirmation email that concerns his/her submitted order.
If Buyer has already submitted his/her order to the Service Provider and he notices a mistake as regards the data that are indicated in the confirmation email, he/she has to indicate it within 1 day towards the Service Provider in order to avoid the performance of non-desired orders.
The order is classified an electronically signed contract, as regards which the contents of Act V of year 2013 on the Civil Code and Act CVIII of year 2001 on the specific issues of electronic commercial services and of services that are connected to the information society are to be applied. The contract belongs under the effect of Government Decree 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and businesses, and it observes the provisions of the 2011/83/EU Directive of the European Parliament and Council on the rights of consumers.
Transfer to the bank account in advance: Buyer has to pay the price of the ordered products prior to their delivery and acceptance to the bank account of Service Provider kept at MKB Bank under number 10300002-10148539-49020015 through bank transfer. Service Provider will send in email the invoice number to Buyer, if Buyer selected the payment method of paying by transfer in advance. On the occasion of implementing the transfer, the order number has to be indicated in each case in the cell of comments. In the case of transfer in advance, Service Provider will issue the transfer invoice after the order, on the subsequent working day, and Service Provider will hand over to the courier the product ordered only after the transfer has been credited. In the case of bank transfer handing over the product to the courier, or in the case of a product to be produced the starting of production will be done after the total amount of the order has been credited on the account of Service Provider.
With the aid of a bank card through the SimplePay system: The total amount of the order may be paid immediately through the SimplePay system with Visa (Verified by Visa), Master Card (Master Card Secure Code) and Maestro cards. The system uses a secure channel and it is automatic. The financial service provider gets exclusively the card data that are given by the Buyer and which are necessary for the financial transaction through the payment page that operates with 128 bites SSL encoding. The financial service provider is not notified by Service Provider as regards the order related personal data and the information that refers to the content of the purchase. On the other side, the Service Provider is not informed about the data content of the payment page, these data may be accessed only by the financial service provider. It will be informed about the result of the transaction by the page of the financial service provider. For implementing payment with bank card the internet browser of Buyer has to support SSL encoding. The amount paid as the total amount of the order is locked straight away on the current account of the Buyer.
Service Provider will provide an electronic invoice to the Buyer which can be downloaded under Setting and Own account.
Delivery, acceptance of the product
Service Provider has to forward the products ordered by Buyer according to the conditions included in the confirmation email to the delivery address that is indicated the order. Buyer has to take over the ordered product and in the case of cash on delivery he/she has to pay the purchase price of the product at the delivery address given on the occasion of order.
Service Provider implements delivery between 08.00 - 17.00 hours each weekday.
The usual period for delivering the products is 2-8 working days, depending on the destination. Service Provider will inform User about the expected delivery time in the order confirming email.
Service Provider will notify Buyer in email about the dispatching of the consignment that contains the products and the invoice.
In the case of out of stock of products the production requires approximately 2-4 weeks. After producing the product Service Provider will inform in email the Buyer, and delivery will take place within 2-8 working days after notification, depending on the destination.
Method of delivery
The orders will be delivered, served on workdays between 8 and 17 hours – without preliminary discussions – depending on the geographical location and the class of the product – with the contribution of courier service provider GLS.
You should give as a delivery address in each case an address (e.g.: workplace address), where you are there continuously on workdays between 8 and 17 hours and you are able to accept the product. Service Provider will send the Buyer a notice in email on the workday before delivery on the fact that the package is handed over to the courier.
If the Buyer is not at the delivery address given by Buyer at the new time given by the person implementing the delivery, and the taking over of the package fails, the courier will leave a notice at the delivery address. With the aid of the number given in the notice the Buyer may give or agree in a new delivery address and time at the given phone number. The courier will try on one more occasion to deliver the products ordered.
The courier will try to deliver the products twice, however if delivery is unsuccessful even on the second occasion – due to a reason that is attributable to Buyer – Service Provider will delete the order of Buyer, and the package will be returned to the Service Provider, who will be entitled to carry on with selling the returned products to others.
If Service Provider gets back the package from one address on two or more occasions, Service Provider reserves itself the right not to perform to the involved name and address any orders in the future.
By accepting the product from the person implementing the delivery or by signing the document that certifies acceptance the quantity and quality acceptance of the product is done, which means that after acceptance the Service Provider is not in a position to accept any quantity or quality complaints. Buyer by signing the Delivery Note acknowledges that the package accepted corresponds both as regards its outside appearance and its content to the contents of the order (the content of the package is not deficient, the packing or the product had not been damaged).
Buyer is obliged to examine the package in the course of acceptance and if he/she detects any damage either in the product or the packing in the course of acceptance, it has to request the courier to record a report on the damages and it is not obliged to accept the product. If on the occasion of acceptance, the packing or the product is visibly damaged, and the damage occurred prior to the acceptance of the product, Service Provider ensures the free of charge taking back of the product. Service Provider does not undertake any liability for damages that are detected after acceptance!
Service Provider reserves itself the right – based on its own judgement – not to serve all the orders in those cases, when from the same address on two or more occasions the courier returns the package to the Service Provider, because the Buyer was not at the given address or he/she refused acceptance.
Fee of delivery
The system calculates the fee of delivery individually in each case, in the interest of optimal pricing, therefore the Buyer may see it in the second step of the payment process, after he/she has confirmed the delivery address. For this it is necessary to put the product into the cart, however you may delete it from there any time, after you have got information on the relevant delivery fee. Placing the product into the cart does not mean that Buyer has to mandatorily purchase the given product.
Picking up the product personally
Buyer may pick up his/her order personally as well:
- at the registered seat of Service Provider given in Point 1 at a time agreed in advance.
- personally at a time agreed in advance, in the shop that is given in Point 1.
The contents of this point exclusively refer to a natural person, who acts outside his/her profession, independent occupation or activity scope, who purchases, orders, receives, uses, engages products, and who is the addressee of any commercial communication that is connected to the product (hereinafter referred to as „Consumer”).
In the case of a contract the purpose of which is to purchase and sell a product, Consumer is entitled to cancel the contract without any reasoning within fourteen (14) days after the day when Consumer or a third person indicated by him/her, who is other than the courier accepted
a) the product,
b) in the case of the provision of several products, the last provided product,
c) in the case of a product that consists of several items or pieces, the last provided item or piece
d) or if the product has to be regularly provided within a given period, then the first service.
Consumer is entitled to exercise his/her cancellation right during the period that is between the signing of the contract and the day of accepting the product as well.
Consumer is not entitled to the cancellation right in the following cases:
a, in the case of a product that is not produced in advance, which has been made by Service Provider on the basis of the instruction or express request of Consumer that had been clearly tailored to the person of Consumer;
b,in the case of products, which due to their nature are mixed with another product in an inseparable manner after handing over;
The process of exercising the cancellation right
If Consumer wishes to exercise his/her cancellation right, he/she is obliged to forward to the Service Provider his/her unambiguous statement containing his/her cancellation intention (e.g. by post, fax or a letter sent electronically) through the contact points given in Point 1 of present GTC
For this purpose Consumer may also use the cancellation statement available here Cancellation Statement Consumer exercises his/her cancellation right within due time, if it sends his/her cancellation statement to Service Provider before the expiry of the above indicated deadline.
Consumer has to prove that he/she exercised his cancellation right in line with the provisions that are defined in Point 4.
In both cases Service Provider will acknowledge in email without delay the receipt of the cancellation statement of Consumer.
In the case of cancellation in writing it has to be considered to be validated by the deadline, if Consumer sends his statement of this purpose to Service Provider within 14 calendar days (even on the 14th calendar day).
From the aspect of deadline calculation Service Provider will take into consideration the day of handing over to the post in the case of a postal notice, and in the case of sending the notice through email or fax the time when the email or fax was sent. Consumer has to hand over his/her mail to the post as a registered consignment, in order to be able to prove the day of posting in a credible manner.
Consumer in the case of cancellation is obliged to return the product ordered to the Service Provider at the address that is given in Point 1 without any unjustified delay, but at the latest within 14 days after communicating his/her cancellation statement. The deadline has to be considered observed, if Consumer sends the product before the expiry of the 14 day deadline (hands it over to the post or to the courier he/she has ordered).
The cost of returning the product to the address of the Service Provider has to be borne by Consumer, except if Service Provider has undertaken to cover these costs. However Service Provider does not undertake organising and administering returning, moreover it does not take over the cost of returning the product from the Consumer. Service Provider is not in a position to take over any package that is sent with the condition of cash on delivery. In connection with cancellation no other cost will burden the Consumer beyond the cost of returning the product.
If Consumer cancels the contract, Service Provider will refund all payments that were performed by Consumer including the forwarding cost (paid for delivery) within 14 days the latest after the receipt of the cancellation statement of the Consumer, with the exception of those additional costs that incurred because Consumer selected a method of forwarding that was other than the cheapest usual forwarding offered by Service Provider. Service Provider is entitled to retain the refunding until it has not received the product, or the Consumer does not certify it in a credible manner that he/she has sent it back: Service Provider will take into consideration from these two times the earlier one.
Service Provider has to apply the same payment method for refunding that was applied in the case of the original deal, except if Consumer expressly consented to the using of another method of payment. Due to the application of this refunding method no additional cost will burden the Consumer.
Consumer may be held responsible for the impairment of the value of the product, if it took place because of usage that exceeded usage that is required for establishing the characteristics, properties and operation of the product. Therefore Service Provider may demand the refunding of depreciation or the rational costs related to the product – if Service Provider started the performance of a contract directed at the performance of a service before the expiry of the deadline upon the express request of Consumer and Consumer exercises his/her cancellation right – that are due to use that exceeds usage that is needed for establishing the character, properties and operation of the product.
Cases when consumer is not entitled to the cancellation right:
- in the case of such non-premanufactured products, which had been made by Service Provider on the basis of the instruction of Consumer or upon his/her express request, or in the case of products that had been unambiguously tailor-made for the person of the User;
- in case that the product seal is damanged or broken
Guarantee and warranty
Vendor Product Guarantee
Buyer has to examine the product within the shortest time after receiving it and it has to notify Seller about the deficiencies or defects of the products without any delay after the detection of the defect. In the case of a consumer contract a defect communicated within two month after the detection of the defect has to be deemed as having been communicated without delay.
Buyer may enforce a Vendor Product Guarantee in the case of the defective performance of Service Provider against Service Provider. In the case of a consumer contract the Consumer defined in Point a) may enforce his/her Vendor Product Guarantee during the 2 years period of lapse after the time of acceptance in respect of those product defects, which have already existed at the time when the product was handed over. Beyond the two years lapse period Consumer is already not able to enforce his/her Vendor Product Guarantee.
In the case of a contract that is not signed with a consumer, the beneficiary may enforce its guarantee claims during period of lapse of 1 year after the time of acceptance.
Buyer – according to his/her own choice – may ask repair or replacement, except if the performance of the request selected by Buyer cannot be performed, or if it would involve a disproportional additional cost for Service Provider compared to performing the other option. If Buyer did not ask repair or replacement, or he/she could not ask it, then he/she may request the proportional decreasing of the price paid or the Buyer may correct or have the defect corrected at the expense of Service Provider, or – in the ultimate case – he/she may even cancel the contract. In the case of an insignificant defect cancellation may not be exercised.
Buyer may migrate from his/her selected Vendor Product Guarantee to another one, however the cost of migrating has to be borne by Buyer, except, if it was justified or Service Provider provided a reason for it.
Buyer has to inform Service Provider about the defect without delay after detecting it, but not later than within two month after detecting the defect.
Buyer may enforce his/her Vendor Product Guarantee directly against Service Provider.
Beyond communicating the defect no other prerequisite is required for the enforcement of the Vendor Product Guarantee within six month after the performance of the contract if Buyer certifies that it has purchased the product from the Service Provider (by presenting the invoice or the copy of the invoice). In this case Service Provider is exempted from under the guarantee if it disproves this assumption, that is, if it proves that the defect of the product occurred after it had been handed over to the Buyer. If Service Provider can prove that the reason of the defect occurred due to a reason that is attributable to Buyer, it is not obliged to accept the guarantee claim presented by the Buyer. However after the expiry of six months after performance the Buyer has to prove that the defect detected by the Buyer existed already at the time of performance.
If Buyer enforces its guarantee claim in respect of a part of the product that may be separated as regards the indicated defect, the guarantee claim is not qualified as having been enforced in respect of the other parts of the product.
Manufacturer Product Guarantee
In the case of the defect of the product (movable item) the Buyer is qualified a consumer according to the contents of Point a), it may enforce – according to his/her choice – the right that is defined in Point 5.1.1 or the Manufacturer Product Guarantee.
However, Buyer is not entitled to simultaneously enforce for the same defect both Vendor Product Guarantee and Manufacturer Product Guarantee. However after the successful enforcement of the Manufacturer Product Guarantee Buyer may enforce against the manufacturer its Vendor Product Guarantee in respect of the replaced product or its repaired part.
As a Manufacturer Product Guarantee claim Buyer may request exclusively either the repairing or the replacement of the defective product. The defect of the product has to be proven by the Buyer in the case of enforcing a Manufacturer Product Guarantee.
A product is qualified a defective product, if it does not meet the quality requirements that were in effect when the product was introduced into commerce or if it does not have the properties that are indicated in the description that has been provided by the manufacturer.
Buyer may enforce its Manufacturer Product Guarantee within two years after the manufacturer introduced the product into commerce. After the expiry of this deadline he/she loses this right. Buyer is obliged to report the defect to the manufacturer without delay after detecting the defect. A defect that is communicated within two months after the detection of the defect has to be deemed as having been reported without delay. Consumer is responsible for damages that originate from the delay of reporting.
Buyer may enforce his/her Manufacturer Product Guarantee Claim against either the manufacturer or the vendor of the movable property, in the present case against the Service Provider.
The manufacturer or Service Provider will be exempted from under its Manufacturer Product Guarantee exclusively if it can prove the following:
- it produced or sold the product not within its business activity, or
- the defect was not detectable at the time of selling according to the current status of science and technology, or
- the defect of the product originates from the application of a legal provision or mandatory authority provision.
For exemption it is sufficient for the manufacturer, seller (Service Provider) to prove one reason.
In the case of defective performance Service Provider has to provide a warranty in line with the provision of Government Decree 151/2003. (IX. 22.) on mandatory warranty concerning specific durable consumer articles. The (objective) effect of this regulation refers only to new products that are sold in the framework of consumer contracts concluded within the territory of Hungary and listed in the appendix of the regulation.
The duration of mandatory warranty is 1 year, the starting time of which is the day when the product is handed over the Buyer. Mandatory warranty exists in respect of all such jewellery the selling price of which exceeds 10,000 HUF.
A defect does not belong under warranty, if its reason occurred after the product had been handed over to Buyer, thus e.g. if the defect was caused
- by improper use, by disregarding the contents of the operation-management guide,
- by improper storage, improper management, abuse,
- Act of God, natural disaster.
In the case of a defect that belongs under warranty Buyer:
- may primarily demand – according to his/her choice – repair or replacement, with the exception if the performance of the selected warranty claim is impossible or if its performance would cause an disproportional additional cost for Service Provider compared to the performance of the other warranty option, with taking into consideration the value represented by the product of perfect condition, the weight of contract infringement and the interest impairment that is caused for the Buyer by performing the warranty claim.
- if Service Provider did not undertake repair or replacement, Service Provider is not able to meet this obligation of Service Provider within a deadline that corresponds to this obligation with keeping in mind the interest of Buyer or if the interest of Buyer in the repair or replacement has terminated, the Buyer – according to his/her choice – may request the proportional decreasing of the purchase price, it may repair the defect itself or may have the defect repaired by others at the cost of Service Provider, or it may cancel the contract. Cancellation may not be exercised in the case of an insignificant defect.
The repair or replacement has to be done within an appropriate deadline with keeping in mind the interests of Buyer – in view of the properties of the product and the function of the product that may be expected by Buyer. Service Provider has to make efforts to implement the repair or the replacement within at most fifteen days.
In the course of repair only new parts may be incorporated into the product.
The part of the repair period is not to be included in the warranty period during which Buyer is not able to use the product according to its designed function. The warranty period will be restarted in the case of the replacement (repair) of the product or a part of the product concerning the replaced (repaired) product (part of product) and concerning the defect that appears as a consequence of the repair.
The costs that are connected to the performance of the warranty liability will be borne by Service Provider.
However Buyer is not entitled to enforce Vendor Product Guarantee claim and the warranty claim, or the Manufacturer Product Guarantee claim and the warranty claim simultaneously in respect of the same defect. Independently of this restriction the rights originating from the warranty are due to Buyer independently of the rights that are defined in Points 5.1.1 and 5.1.2.
Enforcing the guarantee and warranty claims
Buyer may enforce its guarantee and warranty claims at the following address:
Name: New Age Ügynökség Kft.
Address: 1025 Budapest, Zöldkő u. 11-13A. II/7
Buyer may present his/her consumer complaints connected to the product or to the activity of Service Provider through the following contact points:
Name: New Age Ügynökség Kft.
Postal address: 1025 Budapest, Zöldkő u. 11-13A II/7
Service Provider will remedy verbal complaints immediately, provided it is able to do so. If it is not possible to immediately remedy the verbal complaint due to the nature of the complaint, or if the User does not agree to the management of the complaint, Service Provider will record a report on the complaint – which it will retain for five years together with its substantial response.
Service Provider is obliged to hand over to the Buyer one copy of the report on the verbal complaint personally (in the shop), or if this is not possible, then it is obliged to act according to the rules that refer to written complaints detailed below;
Service Provider in the case of a verbal complaint that is communicated through phone or through another electronic telecommunication service will send the duplicate copy of the report at the latest simultaneously with its substantial response.
In all other cases Service Provider has to act according to the rules that refer to written complaints.
In the case of a complaint that is recorded with the aid of a phone or another means of telecommunication, Service Provider will attach an ID to the complaint, which will simplify later on the retrieval of the complaint.
Service Provider will substantially answer in writing complaints it receives, within 30 days. Taking the relevant step according to this contract means submitting it to the post.
If the complaint is refused, Service Provider has to inform the Buyer about the reason of refusal.
Other options of right enforcement
If a dispute between the Service Provider and the Buyer is not settled through negotiation with the Service Provider, Buyer may initiate a court procedure, moreover in the case of a consumer legal dispute, the following right enforcement options are available to Buyer:
- Submitting a complaint to the consumer protection authority,
- Initiating a procedure of a conciliatory body
Budapesti Békéltető Testület (Budapest Conciliatory Body)
Address: 1016 Budapest, Krisztina krt. 99.
- Initiating a court procedure.
In respect of applying the rules that refer to the Conciliatory Body the following persons corresponding to the relevant specific law are classified consumers: civil organisations, church, condominiums, apartment co-operatives, those micro, small and medium enterprises as well, which purchase, order receive, use, apply some products or which are the addressees of a commercial communication, offer that is connected to some products.
ADDITIONAL CONDITIONS OF USING THE WEBSTORE
Buyer may use the WebStore exclusively at his/her own risk, and he/she accepts that Service Provider does not undertake any liability for any asset and non-asset damages that occur during its use, beyond liability for intentionally committed breach of contract or breaches of contract that threaten human life, physical intactness or health.
Service Provider excludes all liability that is connected to the conduct exercised by the users of the WebStore. Buyer is obliged to take care not to infringe the rights of third persons in the course of his/her using the WebStore, or the legal provisions directly or indirectly. Buyer is fully and exclusively liable for his/her own behaviour, Service Provider will fully co-operate in such cases with the acting authorities in exploring the legal infringements.
Service Provider is entitled, but not obliged to verify the content that may be made available by the Buyers in the course of using the WebStore, and as regards the contents published Service Provider is entitled, but not obliged to look for signs of conducting unlawful activities.
The pages of the service may contain such connection points (links), which lead to the webpages of other service providers. Service Provider does not undertake any liability for the data protection practice and other activities of these service providers.
Due to the global nature of Internet Buyer accepts that in the course of using the WebStore he/she is obliged to act with taking into consideration the provisions of the relevant national legal provisions as well. If any activity related to using the WebStore is not allowed according to the law of the state of the Buyer, the liability for use burdens exclusively the Buyer.
If Buyer detects any objectionable content on the website, it is obliged to report it without delay to the Service Provider. If Service Provider - acting in good faith - finds the report well founded, it is entitled to delete or modify the information without delay.
The agreement established on the basis of the present General Terms and Conditions between the Service Provider and the Buyer will be terminated if Buyer deletes his/her registration or if Service Provider deletes the registration of the Buyer.
The entire WebStore, its graphical elements, text and technical solutions and the elements of the service are under copyright protection or under the protection of rights (e.g. especially trademark protection) that are connected to intellectual products. Service Provider is the copyright beneficiary or the authorised buyer of all the contents that are displayed on the Website or that are displayed in the course of the provision of those services, which are available through the Website: as regards all the copyright works or other intellectual products (including here among others all the graphical and other materials, the arrangement and editing of the interface of the Website, the used software-based and other solutions, ideas and implementations).
The physical saving or saving to other data carriers or printing out the content of the WebStore and its individual parts is allowed for private purpose use or in the case of the prior written consent of the Service Provider. Utilisation beyond private purpose use – e.g. storing in a database, forwarding, publishing or making downloadable, introducing into commerce – is possible exclusively with the prior written permit of Service Provider.
Using the registration and using the WebStore and none of the provisions of the GTC do provide any right for the Buyer for using, utilising in any way any commercial name or trademark indicated on the interface of the WebStore, in addition to the rights that are expressly defined in the present GTC. These intellectual works cannot be used or utilised in any other form without the prior written permit of the service Provider beyond displaying for the proper use of the WebStore, the temporary reproduction required for this purpose and preparing private purpose copies,.
Service Provider reserves itself all its right concerning each element of its service, with special regard to the www.bernadottejewellery.com domain name, and the sub domains that belong to this, for all the other domain names that are reserved by Service Provider, for the sub-pages and for their internet based advertising surfaces. All those activities are forbidden that are directed at listing out, organising, archiving, hacking the database of the Service Provider, at reverse engineering its source codes, except, if Service Provider issues a separate permit for this.
Without a separate agreement or without using the service that serves this purpose it is forbidden to modify, copy the database of Service Provider, to place into it new data or to overwrite existing data therein through bypassing the interface that is made available by Service Provider or through bypassing the search engines.
Buyer, by using the Service, accepts that the data that are uploaded by Buyer in the course of using the Service may be used by Service Provider any time and at any place, without any limitation and paying any separate fee within the frameworks of the relevant Data Protection Information Document.
Unilateral modification of the General Terms and Conditions
Service Provider is entitled to modify even unilaterally the present General Terms and Conditions with informing the Buyers in advance through the interface of the WebStore. The modified provisions will become effective in respect of the Buyer on the occasion, when Buyer uses for the first time the website after the modified provisions became effective. The modified GTC has to be applied for the orders that are submitted after the modification.
Reservation of title
The product will remain the property of the Service Provider while the purchase price is not fully paid. If the product due to any reason nevertheless get into the possession of the Buyer prior to the payment of the complete purchase price, Buyer is liable towards Service Provider as regards all those damages the reimbursement of which cannot be enforced against anybody else.
Service Provider reserves itself the right to implement any change, any correction on the website at any time without any prior notice and to move the website to another domain name.
The effective date of present General Terms and Conditions is January 01, 2019
The General Terms and Conditions Document is available and may be downloaded from here: General Terms and Conditions