GENERAL TERMS AND CONDITIONS (GTC)

GENERAL TERMS AND CONDITIONS (GTC)

In the case you prefer contacting our staff directly, please call +36 (52) 540 540 between 8 a.m. and 4 p.m. from Monday-Friday.

The following terms are subject to change without prior notice; please read them carefully before making a purchase. Any modifications are considered valid from the moment they are published over the Internet, and are not applicable for earlier contracts made. The General Terms and Conditions valid at the moment of placing the order at the website are considered applicable for all orders and purchases. In the case you are placing an order, you are considered to have accepted the terms detailed below.

General Information
Purchase Information
Registration
Ordering
Confirmation of Orders
Terms of Delivery
Payment Terms
Receiving the Order
Information on Delivery Times
The Right to Withdraw, Its Terms and Consequences
Warranties
Protection of Personal Details

The present General Terms and Conditions (from this on GTC) are stipulated between

UNDEFASA-Hungária Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság

(UNDEFASA-Hungária Trade and Services Limited Liability Company)

address: HQ Böszörményi út 182., Debrecen, 4032, Hungary

tax registration number: 11555030-2-09

company registration number: 09-09-005271 issued by the Registry Court of Hajdú-Bihar County

mail-order service licence number: 293/2010

customer service: +36 (52) 540 540, fax: 540 541

customer-service electronic: info@undefasa.hu

(from this on the Service Provider - SP) and the client utilising the electronic trade services provided by Undefasa-Hungária Kft. (from this on, the Client) containing the parties’ rights and obligations (The SP and the Client are from this on referred to as the Parties).

The language of the contract: Hungarian.

1. General information, contracting between the Parties

1.1. The present GTC is applicable for all electronic trade services provided within the territory the Republic of Hungary realized via the electronic Web-shop (from this on, the Web-shop) of the SP found at www.undefasa.hu (from this on, the Website). The present GTC is furthermore applicable for all commercial activities realized between the Parties defined in the present contract, within the territory of the Republic of Hungary. All purchases and commercial activities realized within the framework provided by the Undefasa Web-shop are regulated by 2001 Act CVIII controlling several details regarding Electronic Commerce and Information Society Services (ECom) however via the present GTC Sect. (2) of § 5 and Sect. (1)-(2) of § 6 of the ECom and ignored.

1.2. The UNDEFASA Web-shop specializes in the marketing of floor-tiles, wall-tiles, bathroom accessories and different interior design and construction industry material. Our detailed categories are found within the Categories menu in the main site of UNDEFASA Web-shop. The marketing information detailed is only applicable for orders placed on-line.

1.3. The terms of the present GTC are not applicable for orders placed via any other off-line commercial sites of the SP (showrooms and sites) and as such no contracts realized this way can be considered a valid contract between consumers in respect of distance contracts. The SP will not accept any orders placed via phone. The contract realized via the placement of the order can not be considered a valid written contract, and as such will not be either printed or recorded.

1.4. By placing the order the customer is considered to accept the general terms of purchase and utilisation and agrees on upholding them. No registration and purchasing are allowed without accepting the terms by placing a tick-mark within a the checkbox of the GTC..

2. Purchase Information

2.1. Purchases within the UNDEFASA Web-shop can only be realized via orders placed electronically, according to the terms detailed in the present GTC. The SP will not accept any orders placed via phone, fax, e-mail, or mail.

2.2. The services provided within the UNDEFASA Web-shop are available for everybody without restrictions, provided that the registration process has been successfully completed at www.undefasa.hu and the terms detailed in the present GTC are accepted and agreed upon.

2.3. Placement of the order will not be considered a contract, as such can be modified freely and without any consequences, and can also be cancelled before its completion via either electronic mail of fax. The contract between the Parties is realized by purchasing the goods ordered, and as such, local pickup at any of our sites can not be considered a contract realized between consumers in respect of distance contracts. Furthermore, no commercial proceedings realized by the Client via the customer-service or at the sites of the SP (in writing, personally, or phone) can be considered contracting.

2.4. Customer service: Undefasa-Hungária Kft.

Addresses of the customer-service offices:

Böszörményi út 182. Debrecen, 4032, Hungary

phone.: +36 (52) 540 540, fax: 540 541.

Duna lejáró 4-10. (Rézmű utca within Csepel Művek), Budapest, 1211.

phone.: +36 (1) 425 46 09, fax: 278 04 82.

GPS: Lat: 47.42883, Long: 19.05662

Business hours of the customer-service: weekdays 8 a.m.-4 p.m. Weekends: closed

Internet: www.undefasa.hu

E-mail: info@undefasa.hu

3. Registration

3.1. Valid orders can only be placed by the Client following a successful registration and providing accurate delivery and billing details. In the course of the registration process, accurate, detailed, and full data must be provided. The Client is allowed to place the goods chosen into the basket previous to or following the registration, and can pick the appropriate payment terms. Following the means of delivery is picked and delivery address is provided, the software is calculating the relative delivery expenses to be paid (see also 4-5.).

3.2. The SP can not be held responsible in any way for belated delivery or any other issues arising due to the provision of incorrect and/or incomplete details by the Client. The SP can furthermore not be held responsible for damages arising from the Client’s forgetting the password or the password becoming available to any unauthorized third parties due to any conduct not actionable for the SP. The details provided incorrectly can be modified in the My Details menu of the Web-shop. Details relevant to any active orders can be changed at the customer-service at any of the contacts provided.

4. Ordering

4.1. Detailed information regarding the actual characteristics, instructions for usage and application of the goods purchased is available from the information page of, the instructions provided with, and examining the photos of the relevant goods. Our Product Managers do their best to illustrate the goods available via the Web-shop using actual product photos, however it is possible that the photos used for illustrational purposes will differ from the aspects of the actual goods (e.g. some external or tonal differences might be found). Should any questions arise previous to making the purchase, our customer-service is pleased to assist you. Instructions for use are provided for all the goods where it is required by the law. Should you fail to receive the instructions with the goods, please contact our customer service immediately and previous to the actual utilisation of the goods, and we are providing the instructions the soonest possible. Should you need some further details regarding either the quality, basic characteristics, or utilization and usability of any of the products available via the UNDEFASA Web-shop other than that published in the Web-Shop, please do not hesitate to contact our customer-service personnel, using any of the details in section 2.4.

4.2. The prices indicated with the goods chosen are retail prices and in all cases contain the value added tax (VAT). The delivery expenses however are not included in the price of the goods apart from the case they are taken over by the SP due to an ongoing special offer. All other prices indicated within the UNDEFASA Web-shop (e.g. delivery expenses etc.) are gross prices i.e. include the VAT. The prices are indicated in Hungarian Forint (HUF).

4.3. The SP retains the right to change the prices of the goods available via the UNDEFASA Web-shop without prior notice, on the condition that all modifications are only applicable from the moment they are published on the website. The modification can not in any way adversely affect the price of any of the already ordered goods. The security verification procedures for online transactions take at least 24 hours and as such no goods can be taken before this period. In the case incorrect prices are indicated within the UNDESFASA Web-shop against all efforts of the SP, an incorrect price is indicated including the cases when the price indicated is significantly different from the widely known or generally accepted etc. price, or due to some problem in the system a price of “0” of “1” HUF is indicated, the SP can not be held obliged to provide the goods at the indicated incorrect price. In this case, the SP has the right to offer the delivery of the goods at the correct price, while using this information the Client has the right to withdraw from the purchase.

4.4. The SP only accepts orders placed via the Website by the Clients only in the case, when all the fields relevant to the actual order have been filled correctly. (In the case the Client fills any of the fields incorrectly; the SP is sending an error message). The SP can not be held responsible in any way for the belated delivery or any other issues arising due to the provision of incorrect and/or incomplete details by the Client.

4.5. By placing the order, the Client acknowledges that the present General Terms and Conditions are considered accepted, and obligatory.

5. Confirmation of Orders

5.1. The SP is obliged to confirm the placement of the order electronically (via e-mail) for the Client, following the arrival of the Client’s purchase offer (order). In the case no such confirmation takes place towards the Client within a period of 48 hours following the sending of the offer, the obligations of both the SP and the Client are considered void.

6. Delivery Terms

6.1. Please place an order for the goods only in the case you are in the position to pay them at the time of the delivery for the courier! In the case of non-received, and returned packages, the re-delivery expenses will be charged on the Client and the re-delivery will be carried out only in the case of the price of the order has been transferred in advance!

6.2. The delivery does not include manual handling of goods with large weight (tiles, tiling material, tubs, shower enclosures etc.) and their delivering into yards, floors, garage, etc. The manual handling of such loads must be provided for by the buyer. The material delivered will be handed over on the closest suitable spot, in the immediate vicinity of the vehicle used for delivery.

6.3. If required, the SP provides for the delivery of the ordered material either using its own means of transportation or using a third party delivery service. In the case the total gross value of the order exceeds 15,000 HUF (Fifteen-thousand Hungarian Forints) the delivery is free of charge. In the case of orders with a total gross value below 15,000 HUF the delivery expenses must be paid by the Client as detailed in the invoice. In the case several orders are placed by the same Client in the same day, the values of these can not be combined, i.e. only the orders with values exceeding the 15,000 HUF minimal limit will be delivered free of charge. In the case when placing the second order the Client indicates and the SP confirms it feasible, the SP can combine the orders. In the case of orders already handed over for delivery it is unfortunately not possible to do so. The terms above only apply to the delivery of the goods, and never to their mounting, installation, or servicing. Mounting, installation and servicing of the goods must be provided for by the Client.

6.4. Delivery expenses are detailed below:

Weight	Price/Package
up to 2 kg	1 575 HUF
up to 3 kg	1 812 HUF
up to 5 kg	1 950 HUF
up to 10 kg	2 075 HUF
up to 15 kg	2 300 HUF
up to 20 kg	2 425 HUF
up to 25 kg	2 575 HUF
up to 30 kg	2 825 HUF
up to 40 kg	3 800 HUF

Order value	Gross delivery expenses
0 – 15,000,- HUF	see chart above
15.000,- Ft and above	free
Overweight and oversize package	as indicated on the info sheet independent of total value

6.5. The SP retains the right to change the delivery expenses without prior notice. Any changes made become valid at the time of its publishing in the UNDEFASA Web-shop. The changes may not affect the retail price of any of the products already bought. Oversize and overweight goods will in all case be delivered using a special tariff.

6.6. All orders placed in the Web-shop are delivered either by our own logistics or the courier service provided by GLS. Packages are delivered between 8 a.m. and 5 p.m. on normal workdays. In the case you are not at home in this period, (if possible) please provide the address of your workplace as the delivery address. The courier service will attempt to deliver the package twice. The delivery expenses of all non-received packages will be charged on the buyer!

6.7. In the case the delivery of the order can only be realized in several different instalments, the SP takes over the extra delivery expenses. No further expenses will be charged for the packaging. The Client will not be charged any expenses other than the retail price of the goods and the delivery expenses.

6.8. Following the confirmation of the delivery’s feasibility the SP allows the Client to define the time of delivery – this Client-defined time is a period rather than a point of time. The SP unfortunately cannot undertake deliveries to be realized by a pre-set hour of the day. The delivery times defined in this section are merely informative, providing no obligations for the SP in any way. The actual time of delivery will in all cases be included in the confirmation of order.

6.9. The product ordered can be picked up locally at the sites of the SP – following the previous agreement:

Duna lejáró 4-10., Budapest, 1211 (Rézmű u., Csepel), Hungary

Böszörményi út 182., Debrecen, 4032, Hungary

6.10. The services ordered via the Web-shop will be rendered for the Client by the SP at the place defined in the order confirmation sent in e-mail.

7. Payment Terms

In the case the Client chooses the option

Local pickup in our showroom the following payment terms can be chosen:

in cash when the goods are received
with card when the goods are handed over by or customer-service in Debrecen (Visa, Visa Electron, MasterCard, Maestro)
transfer in advance (the Client must enter the order number in the comment field at the time of the transfer! The Client may pick up the material following the transferred amount’s arrival to the SP’s bank account).

Delivery to site the following payment terms can be chosen:

collect on delivery in cash to the delivery person
transfer in advance (the Client must enter the order number in the comment field at the time of the transfer! The Client may pick up the material following the transferred amount’s arrival to the SP’s bank account).

8. Receiving the Order

8.1. The goods can be collected locally at the SP’s customer service. The Client will be informed of the time and date of the pickup by the SP via phone or e-mail.

8.2. Delivery via courier is only possible within the territory of the Republic of Hungary. Our own logistics and the courier service of GLS are realizing deliveries between 8 a.m. and 5 p.m. on normal workdays.

9. Information on Delivery Time

9.1. The delivery times indicated represent the general delivery times in connection with the article in question. There might be deviations from these due to the goods’ availability and free stock at the manufacturers’ sites. Our company cannot be held responsible for the deviations in delivery times since all the times are based solely on the manufacturers’ confirmations of availability.

cca. 0 - 7 work days
cca. 7 - 15 work days
cca. 15 - 30 work days
cca. 30 - 40 work days

9.2. The goods marked are usually kept on stock; the stock levels are set according to the actual demand for the material in question. Since the inter-bank transactions are outside our competence we unfortunately cannot hand over (or deliver) the goods ordered before the amount transferred actually becomes available for us on our bank account. Due to the above mentioned technicalities we are not in a position to guarantee the delivery times indicated above.

9.3. In the case the date of delivery confirmed by the SP cannot be kept, the SP informs the Client on the projected delay via phone or e-mail following the reception of the order. In the case the Client finds the delay unacceptable it is possible to modify or cancel the order.

9.4. In the case the goods ordered are not available, the SP re-funds the amount paid in advance to the Client within a period of no more than 30 days following the notification.

9.5. In the case of an order placed the Client is obliged to examine the goods received at the time of the delivery, and in the case of a complete delivery, sign the release. After this, the SP unfortunately cannot accept any further complaints regarding incompletion of the goods delivered. All complaints regarding the delivery and the goods ordered must be recorded in the presence of the delivery person. We unfortunately cannot accept any belated and unrecorded complaints!

10. The Right of Withdrawal, Its Terms and Consequences

10.1. In the case the Client chooses to withdraw following the delivery of the goods ordered, it is possible to do so within a period of 8 days after the reception of the goods without the need to provide any reason to do so. The means of this is controlled by executive decree 17/1999. (II.5.) on the protection of consumers in respect of distance contracts. The Client has the right of withdrawal from the date of the reception of the goods. The goods must be returned to the SP in its original, undamaged condition, with the original invoice included. Undefasa Hungária Kft. is obliged to provide full refund only for goods that have been returned in as-new condition (undamaged, complete). Exercising the right of withdrawal can result in no extra expense for the Client; however any expenses in connection with the returning itself must be borne by the Client.

10.2. Please use some courier service for the returning of the goods following an agreement via phone with the customer-service. Goods can only be returned using postal, courier or any other (Customer ordered) service. All returned goods must be mailed using normal means; we are unfortunately not in a position to accept retuned goods sent collect. In the case the returned goods comply the conditions detailed in section 5.1, Undefasa Hungária Kft. considers itself obliged to re-fund its value to the customer in full, within a period of no more than 30 days, as regulated by the laws in power. The re-funding is in all cases realized via bank transfer. Please note! The expenses of the return must be borne by the Client, except in the case the material delivered differs from the material ordered. The responsibilities for any damages occurring during the returning of the goods must be borne by the Client.

10.3. In the case of a delivery originally realized free of charge, the Client is liable to bear the expenses of the original delivery taken over by the SP as a special offer.

10.4. In the case the Client has already put the goods in use and as such is not in a position to return them in an undamaged state, we unfortunately cannot undertake the repurchase of the product.

11. Warranty

11.1. As regards to the responsibilities of the SP regarding warranty the regulations of 49/2003. (VII.30.) of the Civil Code are considered standard.

11.2. In the case the material is received faulty or damaged on arrival it will be replaced by our company at no extra charge. In the case replacing the product is not possible, the Client has the choice to either decide on accepting a discount from the original price or withdraw from the purchase as a whole. In the case of technical products the Client can do so within a period of 8 days; following this period an authorized service station must be contacted.

12. Protection of personal data

12.1. Undefasa Web-shop is an information technology system operating on Linux/PHP base, providing the necessary level of security and as such is completely safe to use. We, however, strongly advise that you to carry out the following precautions: use anti-virus and anti-spyware software with updated definitions, and always install the security updates of the operation system. By making a purchase via the Website it is assumed that the Client is aware of the technical limitations of the Internet and accepts the relevant deficiencies.

12.2. The SP can in no way be held responsible for any damages occurring due to the connecting to the Website. The Client bears sole responsibility for the protection of the computer and the data stored on it.

12.3. The SP controls data provided by the Client only for the purpose pre-defined, in order to be able to fulfil the order and provide ample proof regarding the terms of the contract made as such for later verification. The SP will only disclose the data controlled to any third parties if the third parties in question are the sub-contractor/co-operator of the SP (e.g. courier service provider), or it is required by the law in force or the authorities. If required, the SP sends promotional e-mails to its buyers, containing details on the new products, special offers, and other useful pieces of information. The SP is the sole controller of the data in connection with the Buyers. The SP retails the exclusive right to send its buyers advertisements containing details of on-going sales. The SP carries out all its data controlling activities according to the regulations of Act LXIII of 1992 on Protection of Personal Data and the Publicity of Data of Public Interest.

12.4. The SP retains the right to change the terms of this GTC ex parte without prior notice, and as such it is of utmost importance that the Client reads and understands the terms prior to making a purchase. The date of validity for each version is indicated on our sites. Your order is subject to the contractual terms valid at the time of the placement of the order. The validity of any modifications starts at the time of their publishing on the Website.

12.5. The contracting Parties will do all in their power to be able to reach a consent in the case of all their debates via negotiations. In the case no such consent can be reached, the Parties accept the exclusive authority of the Court of the City of Debrecen depending on the value disputed.

UNDEFASA Online Shop

UNDEFASA-HUNGÁRIA KFT.

Tax Registration Number:

11555030-2-09

Company Registration Number:

Registration number issued by the Registry Court of Hajdú-Bihar County: 09-09-005271

Address of HQ:

Böszörményi út 182., Debrecen, 4032

Address of showroom/site:

Gyepsor u. 1., Budapest, 1211 (Rézmű utca, in the area of the former Csepel Művek,)

Phone:

+36 (1) 425 46 09, (20) 56 58 664 (Budapest)