General Terms and Conditions
Welcome to the website of Maform Kft. (further on referred to as the Provider).
The present General Terms and Conditions (further on referred to as GTC) includes the usage terms for those (further on referred to as the Buyer) using the services of the websites www.paqchair.hu and www.maform.hu (further on referred to as the Website).
Data management of the personal information of the Buyer is ruled by the Privacy Notice, which is directly available through the main page.
Those kinds of technical information which are not included in the present GTC are provided by other references available on the Website.
The language of the contract is Hungarian. This is an English translation of the original contract.
The accepted contract is not considered to be a written agreement, and therefore it shall not be registered and it is not available and it cannot be viewed later.
The Provider does not submit itself to any code of conduct.
The Buyer, by means of using the Website, acknowledges and accept as follows:
1. THE PROVIDER
Company name: Maform Kft.
Seat, mailing address: 1116 Budapest, Hauszmann Alajos utca 2.
Tax number: 14600270-2-43
Company registry number: 01-09-181322
Registering Court: Budapest Municipal Court as Court of Registration
Data protection registry number: NAIH-83634/2015. NAIH-84482/2015
Data of webspace provider: FoxyCart
USA, Houston, TX 77008-3642, 538 W 21st St #56961
2. PURCHASE ON THE WEBSITE
Every part of the content of the Website is available for every Buyer without a registration, so purchasing is not connected to registration (or logging in).
The Buyer can register on the purchasing interface after providing all the requested information for the fulfillment of the order and ticking the square at the bottom of the page as well as giving a password to create the account.
The following data is necessary to be provided on the registration interface:
- Last name,
- First name,
- Phone number,
- E-mail address,
- Delivery information,
- Billing information (if it is not the same as that of the Delivery information)
The Provider informs the Buyer about the success of the registration process in e-mail.
The Buyer is entitled to delete their registration at any time by sending a request in e-mail to the firstname.lastname@example.org e-mail address. The Provider ensures the deletion of the registration and the personal data provided during the registration within 5 working days after the receipt of the request. The data of the Buyer shall be removed from the system immediately; however, it does not affect retaining data and documents connected to already made orders, and it does not result in the deletion of this data. After the removal, the recovery of such data is not possible.
To log in, the Buyer must click on the "Log in" sign and then enter their e-mail address and password.
Keeping the Buyer's access data (specifically, the password) a secret is the sole responsibility of the Buyer. If the Buyer learns that an unauthorized third party has acquired their password given during the registration, they are to change the password immediately, and if it is assumable that the third person is trying to abuse the password, they are to inform the Provider at the same time.
The Buyer undertakes to update personal data provided during the registration in order to make them timely, complete and corresponding to reality. The Provider shall not take responsibility for no or late fulfillment of the order if the impossibility or the late fulfillment of the order is due to the fact that the Buyer did not update their personal data.
To place an order, the Buyer must choose the color of the armchair, then click the "Add to Cart" text. The system automatically displays the contents of your shopping cart.
On the shopping cart interface, the Buyer, if they wish to purchase several pieces of the same product, can set its quantity by typing the number of pieces of the product. On this interface, the Buyer can calculate the estimated shipping cost by giving only their zip code.
On the shopping cart interface, the Buyer can view and check the list of products put in the shopping cart, their gross price, the number of pieces of the desired ordering as well as the total amount at the bottom of the table, which also includes the calculated shipping charges/cost if they made such a calculation.
On this interface, the Buyer can still modify the contents of their shopping cart at any time as they have the opportunity to delete items from the shopping cart by typing a zero in the quantity field, and they can also modify the quantity (number of pieces) by means of the aforementioned method.
On this interface, if the Buyer possesses a coupon, they can validate it by typing the code of the coupon in the field below the "Coupon Redemption" text.
If the Buyer does not wish to further browse among the products, they can continue the course of the ordering by clicking the "Proceed to Checkout" button, or they can go back to keep checking the Website by clicking the "Continue Shopping" button.
In the case of continuing the ordering, the Buyer must provide their e-mail address and the data necessary for shipping. If they provided the shipping information but did not make a shipping cost calculation on the previous page, they can do this on this interface with the help of the system. Thus, at the bottom of the page appears the total amount to be paid. After clicking the "Submit Order" button, the Buyer is redirected to PayPal's website, where they can pay the amount using their bank card.
Thus, the order is submitted by clicking "Submit Order" button, which imposes a payment obligation on the Buyer.
2.3. Price of the products
The purchase price of the products displayed on the Website include the value added tax and other public charges, so they are gross prices.
The purchase price stated by the products does not include the cost of delivery. Extra packaging costs will not be charged.
The price of the products is indicated in Hungarian forints (HUF).
The total price includes all costs to be paid based on the order summary and confirmation letter, including the delivery cost if ordered with delivery of the product.
2.4. Correcting data entry errors
The Buyer has the opportunity to correct data entry errors at any time during the ordering on the Website, until the submission of the order either in their own account (if they have registered) or on the ordering interface (such as by deleting a product from the shopping cart by modifying the number of pieces to zero). An incorrectly given quantity or incorrect ordering information (e.g. delivery address) count as data entry errors.
2.5. Offer validity, order confirmation
The arrival of the offer sent by the Buyer is acknowledged immediately by the Provider in a confirmation e-mail, which contains data provided during the purchasing and registration (billing and shipping information), the order ID, the date of the order, the list of the ordered products, quantity, product price, shipping cost and the total amount payable.
This confirmation e-mail by the Provider is regarded as the acceptance of the offer made by the Buyer, whereby a valid contract is concluded between the Buyer and the Provider.
Buyer shall be exempt from the offer validity, if without delay, but not later than within 48 hours they do not receive the confirmation e-mail from the Provider about the submitted order.
If the Buyer has sent an order to the Provider and they notice an error in the information contained in the confirmation e-mail, they should report it within one day to the Provider at the email@example.com e-mail address in order to avoid unwanted order fulfillment.
The order is regarded as a contract concluded by electronic means, which are governed by Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The contract is covered by Government Decree 45/2014 (II.26.) on detailed rules of contracts between the consumer and the enterprise, and complies with the provisions of the Council Directive 2011/83 / EU on consumer rights.
By credit card through the PayPal system: PayPal is one of the most widely used online payment solutions, which is not only known for its popularity around the world but also its security (thus it is more and more accepted among Hungarians as well). PayPal is not an electronic bank but a secure online financial intermediary. The Buyer can settle the total amount of the order by entering their credit card information on the PayPal page.
Upon delivery, the Provider gives a printed invoice to the Buyer together with the delivered product to verify the payment.
2.8. Terms of shipping and delivery
2.8.1. Delivery by courier service
Delivery of orders placed on the Website is done by the Hungarian Post to the address specified by the Buyer. The package will be dispatched as an insured parcel.
The courier service delivers the orders from Monday to Friday between 8 AM and 5 PM. If the Buyer cannot be found at the given address at this time, it is recommended to provide a delivery address (address of workplace) where the Buyer is likely to be able to receive the ordered product within the delivery period.
If the Buyer requests the delivery to their workplace, they must make sure to have someone (e.g. a receptionist) who knows about the arrival of the parcel and can take it over from the courier.
If the courier cannot find the recipient at the address, they will contact the Buyer on the phone, using the phone number given by the Buyer, to agree on a new delivery time or location. The courier is not the employee of the Provider, so they can not access the contents of the package; a sealed box is delivered, in which the invoice can be found. In the case of any possible quantitative or qualitative complaints, the staff of the Provider is willing to help, but the courier is not entitled to act in such a case.
The courier service attempts to deliver the parcel twice in all. If the second attempt is unsuccessful for a reason attributable to the Buyer, the courier returns the product to the Provider, who may resell it, and may delete the order.
Upon the receipt of the parcel, the Buyer is obliged to check the external integrity of the package in the presence of the courier. If the outside of the package is visibly damaged, please, do not accept the package.
If the packaging is visibly damaged upon the receipt of the product, and the damage arose before the receipt of the goods, the product take-back is provided free of charge by the Provider. However, the Provider is not responsible for damages perceived following the receipt.
In order to enforce any further complaints, please, keep your proof of payment of the package.
2.8.2. Shipping cost
The delivery cost can be calculated on the shopping cart interface without ordering obligation. To do so, the Buyer needs to place a product in the shopping cart and then enter the zip code where the product would be delivered, and the system will calculate the cost of shipping.
2.8.3. Time of Delivery
The delivery time of the order is 3 to 6 working days.
The Provider - unless the parties agree differently - is obliged/bound to put the product at the Buyer’s disposal (deliver) without delay after concluding the contract, but within 30 days at the latest.
In the case of a delay of the Provider, the Buyer, qualified as a customer, is entitled to set an additional delivery deadline. If the Provider does not perform the contract within the additional deadline, the consumer is entitled to withdraw from the contract.
The consumer/Buyer is entitled to withdraw from the contract without setting an additional deadline if
a) the Provider refused to perform the contract; or
b) the contract should have been performed according to the agreement of the parties or, by the recognizable function of the service, at the defined time - not at any other time.
3. Right of withdrawal
3.1. The course of exercising the right of withdrawal
The provisions of this section only apply to a natural person acting outside the scope of their vocation, independent profession or business activity, who buys, orders, receives, uses or has resorts to goods, and who is the addressee of the offer or the communication in connection with the goods (further on referred to as the “Consumer”).
The Buyer, according to the Government Decree 45/2014 (II.26.) on detailed rules of contracts between buyers and businesses the enterprise, is entitled to withdraw from the purchase within 14 days without justification after the receipt of the
a) in the case of contracts aimed at product purchasing, the receipt of the
ab) in the case of several products handed over delivered at different times, the last product;
ac) in the case of products composed of several items or pieces, the last item or piece;
ad) in the case of products to be delivered regularly within a definite period, the first delivery
taken by the Buyer or a third person, different from the transporter, appointed/named by the Buyer
b) in the case of contracts aimed at giving services, the acceptance of the contract.
The Consumer has the right to exercise the right to withdraw from the contract in the period between the date of concluding the contract and the date of delivery of the product.
If the consumer wishes to exercise their right of withdrawal, a clear/unambiguos statement of their intention to withdraw from the contract must be sent (for example, by mail, by fax or in the form of an electronic letter) to the Provider using the contact information indicated/shown in section 1 of the present GTC. With this end in view, the Consumer can use the withdrawal sample form available via the following <a href="http://maform.hu/products/withdrawal-declaration-form-sample">link</a> , but it is not mandatory/compulsory. The Consumer exercises their right of withdrawal before deadline if the withdrawal statement is sent to the Provider before the expiry of the deadline, up to the 14th day.
The consumer bears the burden of proving the fact that the right of withdrawal was exercised in accordance with the provisions defined in section 3, rests/lies upon the consumer.
In both cases, the Provider shall immediately confirm by e-mail the notice of the receipt of the Consumer's declaration of withdrawal.
In the case of withdrawal in writing, it shall be considered validated within deadline if the Consumer’s relating statement relating to the withdrawal is sent to the Provider within 14 calendar days (up to the 14th calendar day).
The Provider shall recognize, in the case of postal sending, the posting date or, in the case of e-mail or fax, the date of the sending the e-mail or fax as the time of withdrawal notification. The consumer sends their postal letter as registered mail so that the date of mailing could be credibly proven.
In the case of withdrawal, the Consumer is required to send their ordered product, without undue (unjustified) delay but within 14 days from the date of notification of the withdrawal statement, back to the Provider's address shown in point 1. The deadline is considered to have been observed if the Consumer sends (by post or a courier service chosen by them) the product before the expiry of the 14-day deadline.
The cost of returning the product to the provider burdens the Consumer unless the Provider has agreed to bear those costs. However, the Provider neither undertakes to organize or arrange the return of the product, nor takes over its costs from the Consumer. The Provider will not take delivery of the returned product in the form of a cash collect on delivery service. In addition to the cost of returning the product, the Consumer shall not be charged with any other costs in connection with the withdrawal.
If the Consumer withdraws from the contract, the Provider refunds all compensation made by the Consumer immediately, but at the latest within 14 days from the receipt of the Customer’s withdrawal statement. This includes the freight (paid for delivery) costs, but excludes the additional costs that arose because the Consumer chose a mode of transport other than the usual cheapest mode of transport offered by the Provider. The Provider is entitled to hold back the refund until they have received the product or the Consumer has demonstrated credibly that he has returned it; out of the two, the Provider shall (will) take into account the earlier date.
During the refund, the Provider will use a payment method identical to that of the one used in the original transaction unless the Consumer expressly gives their consent to other means of payment; for this refunding method, the Consumer will be burdened with no extra charge.
The Consumer shall only be liable for diminished value of the product if it occurred due to the use exceeding the use necessary to determine the nature, characteristics and function of the product. Therefore, the Provider may claim the refund of reasonable expenses arising from the use exceeding the use necessary to determine the nature, characteristics and function of the product - if the Provider began to fulfill the contract for the provision of services before the deadline at the Consumer's expressed request and the Consumer exercises their right of withdrawal.
3.2. The Buyer is not entitled to the right of withdrawal:
- In the case of a non-prefabricated product that has been manufactured by the Provider on the basis of the Consumer's request or explicit instructions, or for a product that has been customized expressively for the Consumer.
4.1. Liability for defects (implied warranty)
The Buyer may make a warranty claim against the Provider in the case of lack of conformity. In the case of a consumer's contract, the Buyer can enforce warranty claims for a 2-year period following the receipt for defects that already existed at the time of the delivery of the product. Beyond the 2-year limitation period, the Buyer cannot enforce the rights of warranty any longer.
In the case of contracts not made with consumers the entitled may make their warranty claims within a 1-year period after the date of the receipt.
The Buyer, optionally, may require a repair or a replacement unless the Buyer's requirement would be impossible or of disproportionate cost for the Provider compared to fulfilling other needs of the Buyer. If the Buyer did not ask for a repair or a replacement, or if they could not ask for this option, then they may require the proportional reduction of the charge (compensation/payment), or they can repair the defect at the Provider's expense, or they can have someone else repair the defect, or withdraw from the contract if all else fails. Withdrawal is not possible due to insignificant defects.
The Buyer may revert from their chosen warranty right to another one; however, they must bear the cost of the transition unless it was justified or if the Provider has given a cause for it.
The customer is liable to report the defect to the Provider immediately after discovering it but not later than within two months after the discovery of the failure.
The customer may enforce their warranty claim directly towards the Provider.
Within six months after the date of completion of the contract, the enforcement of a warranty claim has no other conditions besides reporting the defect, if the buyer certifies that the product was purchased from the Provider (by showing the invoice or a copy of the invoice). In such cases, the Provider will only be exempt from the warranty if they disprove this presumption/fiction, i.e. they prove that the product defect arose after its delivery to the Buyer. If the Provider can prove that the cause of the defect is due to the Buyer's fault, it is not obliged to admit the Buyer's warranty claims. However, after six months from the date of fulfilment, the Buyer is to prove that the defect detected by the Buyer was already present at the time of fulfilment as well.
If the Buyer makes a warranty claim in terms of a part of the product that is separable regarding the indicated defect, the warranty claim shall not be regarded as enforced for the other parts of the product.
4.2. Product warranty
In the case of the failure of the product (movable property), the Buyer acting as a consumer, optionally, has the right to enforce a right stated in section 4.1 or a claim for product warranty.
The Buyer, however, does not have the right to claim an implied warranty and product liability for the same error at the same time, parallel to one another. However, in the case of successful enforcement of product liability, the Buyer can enforce their claim for implied warranty (liability for defects) for the replaced product or the repaired part of the product against the manufacturer.
The Customer may only request a repair or replacement of the defective product as a product warranty claim. In the case of the enforcement of product liability, the defect of the product must be proven by the Buyer.
A product is considered defective if it does not meet the quality requirements valid at the time of introduction to the market, or if it does not have the properties listed in the manufacturer's description.
The Buyer can validate his claim for product liability within two years after the market introduction of the product. After this deadline, they shall lose this right. The Buyer is required to report the defect to the manufacturer after the discovery without delay. Errors reported within two months from the date of discovery of the defect must be considered as communicated without delay. The customer is responsible for any damage arising from the delay in notification.
The Buyer may exercise their product liability claim against the manufacturer or the vendor (provider) of the movable property.
The manufacturer or distributor (provider) will only be exempt from product liability if they can prove that:
- they did not manufacture or market the product during business activity, or
- the defect, based on the state of science and technology, was not recognizable at the time of marketing the product, or
- the defect of the product originates from legislation or applying a mandatory authority regulation.
It is enough for the manufacturer or vendor (provider) to prove one reason for exemption.
5. Possibilities of enforcement
5.1. Place, time and method of complaint management
The Buyer can submit their consumer complaints related to activities of the products or services via the contact details indicated in section 1.
The Provider remedies the verbal complaint immediately if it is possible. If immediate remedy of the verbal complaint is not possible due to its nature or if the customer does not agree with the management of the complaint, the Provider shall make a record of the complaint, which must be retained for five years together with a substantive reply to the complaint.
In the case of a personally conducted, verbal complaint (made at 1116 Budapest, Hauszmann Alajos u. 2.), the Provider is required to give a copy of the minutes to the Buyer on the spot, or if it is not possible, then they are obliged to act according to the rules of written complaints detailed below.
In the case of a verbal complaint, the Provider shall send a copy of the minutes to the Buyer via phone or using any other electronic communications service together with the substantive answer to the reported complaint at the latest.
In all other cases, the Provider shall act in accordance with the rules of the written complaint.
The complaint recorder by telephone or other fixed communications tool is given a unique identifier by the Provider, which simplifies the subsequent retrieval of the complaint.
The Provider shall respond substantively to the complaint received in writing within 30 days. The measure, under the terms of this contract, means mailing.
In the case of a rejection of the complaint, the Provider shall inform the Buyer about the grounds for refusal.
5.2. Other enforcement options
If the incidental consumer's dispute between the Provider and the Buyer is not settled during the negotiations with the Provider, the following enforcement options are open for customers:
- making a complaint at the Authority for Consumer Protection,
- initiating a procedure at the Conciliation Board
Budapesti Békélteto Testület
Cím: 1016 Budapest, Krisztina krt. 99.
- initiating a legal procedure at court.
In view of the rules on conciliation boards, the following entities are considered consumers: non-governmental organizations by separate law; churches; condominiums; housing cooperatives; micro, small and medium-sized enterprises; those who buy, order, receive, use or resort goods; or those who are addressed commercial communication or order related to the goods.
6. Other terms
The Buyer may only use the Website at their own risk and accepts that the Provider shall not be liable for pecuniary and non-pecuniary damages arising from its use beyond responsibility for deliberately caused breach of contract damaging human life, physical integrity or health.
The Provider disclaims all liability for the behavior of the users of the Website. The Buyer shall ensure not to infringe the rights of third parties, either directly or indirectly, when using the Website. The Buyer is fully and solely responsible for their own conduct. In such a case, the Provider will fully cooperate with the authorities acting in order to investigate violations.
The Provider entitled but not obliged to check the content incidentally made available by the Buyers of the Website, and in respect of the posted content, the Provider is entitled but not obliged to look for signs of illegal activities.
The pages of the service may contain connection points (links to) that lead to other service providers' websites. The Provider is not liable for the privacy practices and other activities of these service providers.
Because of the global nature of the Internet, the Buyer agrees that when using the Website, they are required to act taking into account the provisions of the relevant national legislation. If any activity related to the use of the Website is not allowed according to the State of the Buyer, the responsibility for the usage lies with the Buyer only.
If the Buyer finds any objectionable content on the Website, required to immediately report it to the Provider. If the Provider considers the warning grounded in the process of good faith, they are entitled to immediate cancellation or modification of the information.
The criticism written on the Website and other related product reviews in all cases reflect the position of the Buyers, for the content of which the Provider takes no liability However, the Provider reserves the right to delete opinions causing offense or violating business interests or legislation without notice.
The Site as a whole, its graphical elements, text and technical solutions, as well as service elements are attached to copyright or other intellectual property rights (especially trade mark). The Provider is the copyright owner or authorized purchaser of all content displayed on the Website or during the services available through the Website. This includes any copyrighted work or other intellectual property (including the cost of all the graphics and other materials, the Web interface layout, editing, use of software and other solutions, ideas and implementation).
Saving to physical carriers or different media or printing of the content and other certain parts of the Website for the purpose of private use is permitted only with prior written consent of the Provider. The use beyond private consumption - for example, database storage, transmission, publication or making downloadable, placing on the market - is only possible with the prior written permission of the Provider.
In addition to the rights expressly set out in these General Terms and Conditions, the registration, the use of the Site or any provision in the G.T.C. does not provide the Buyer with the right to use or utilize any trade name or mark of the Site. In addition to the display in connection with the proper use of the Website and the necessary temporary reproduction and private copying, these intellectual properties can not be used or utilized in any other format without the prior written consent of the Provider.
The Provider reserves all the rights of all the elements of the service, in particular the www.maform.hu, www.paqchair.hu domain names, the related subdomains and any other domain name reserved by the Provider, its sub-pages and web advertising surfaces. Any activity which aims at listing, organizing, archiving, cracking (hacking), decrypting/unsealing the source code of the database of the Provider, is forbidden unless special permission was granted by the Provider to do so.
Without a separate agreement or the use of the service provided for that purpose, it is prohibited to modify, copy, put new data, or overwrite existing data in the database of the Provider by circumventing the interface provided by the Provider or the search engines.
7. unilateral modification of the general terms and conditions
The Provider is entitled to unilaterally change the present General Terms and Conditions, along with informing the Buyers on the Website beforehand. The amended provisions after the date of entry into force will become effective upon the first use of the Site. They shall be applied for the orders submitted following the amendment.
8. maintaining the PROPERTY RIGHTS
Until the full payment of the purchase price, the product remains the property of the Provider. If such a product, prior to full payment of the purchase price, - for whatever reason - gets into possession of the Buyer, the latter are responsible towards the Provider in respect of the damages which no one shall be obliged to compensate.
The date of these General Terms and Conditions to come into force: 24. 03. 2015.