STANDARD CONTRACTUAL CLAUSES
We would like to kindly ask you, if you wish to become a customer of the www.duray.hu website (henceforth: Website) operated by BDO Magyarország Vagyonkezelő és Szolgáltató Limited Liability Company (henceforth: Service provider), to read our Standard Contractual Clauses, this information material, carefully. Please use our services only if you agree with all points of this document and you consider it to be binding on yourself.
The objective of the Service provider, as the Website operator, is to provide those interested with information on the Website about the oeuvre of Munkácsy award winning painter, Tibor Duray (born: Budapest, 21st January 1912) and about the clothing collection named DURAY brand, inspired by the works of Tibor Duray. Moreover, in case of any questions regarding the subject, the Service provider aims to supply the requested information to the best of its knowledge and opportunity, furthermore it offers mail order and online trading services concerning the clothing collection to the visitors of the Website.
The language used in the consumer contract, concluded through ordering the products on the Website in e-mail or by filling out the form found under the heading “Contact” on the Website, and during further communication is Hungarian and English.
It is assumed that the customer purchasing through the Website knows the technical opportunities and limits of the internet and accepts the possibility of errors attached to its technology. We recommend the use of virus and spyware protection software with up-to-date data base and always install the newest security updates of your operating system and browser.
The Service provider is not responsible for any damages occurring because of connecting to the Website. It is the duty of the customer to protect its computer and the data on it.
In case of any questions concerning the Website’s operation, ordering and delivery process, our customer support service (firstname.lastname@example.org) is at your service on weekdays (M-F) between 10am and 8pm.
According to the scope of the consumer contract concluded between the Service provider and the costumer through the Website: Government decree No. 45/2014 (II.26) (henceforth: Decree) “Contract concluded between those outside business premises or distance contracts” cannot be considered to be written contract, therefore it cannot be registered and is later not available on paper.
We are emphasising that the Service provider is not bearing any responsibility for incidental misspellings or wrong data on the Website.
By using the Website the costumer notes and accepts the following:
Through the Website the Service provider is conducting the retail sale of articles of apparel and also engages in mail order and online trade.
The Service provider disclaims any responsibility for the behaviour of the Website’s users and the material published by them. The costumer is obliged to ensure not to violate the rights of third parties or the law, neither directly nor indirectly. The costumer is fully and exclusively responsible for his or her conduct. In such cases the Service provider fully cooperates with the dealing authorities in order to explore the infringement.
Due to the global nature of the internet, the customer accepts that during the use of the website he or she is bound to respect the relevant international law as well. If any activity regarding the Website’s use is not permitted by the law of the customer’s state, then the customer alone is responsible for its use
Without limiting other rights of the Service provider, in case the customer offends provisions of these Standard Contractual Clauses, the Service provider is entitled to send warnings to the customer, temporally or permanently terminate his or her access to the Website, impede the connection of devices using the customer’s IP address to the Website, contact the customer’s internet service provider to block the costumer’s access to the Website, start a legal procedure.
The Service provider is allowed to transfer its rights or claims resulting from the contract concluded based on these Standard Contractual Clauses to someone else. The customer continues to be entitled to reference those excuses and comprise those counterclaims which arose from a legal basis already existing at the time of the notification about the transfer.
The customer is not allowed to transfer its rights or claims resulting from the contract concluded based on these Standard Contractual Clauses without the written consent of the Service provider.
3. Service provider’s data
The Website’s services are provided by the following company:
BDO Magyarország Vagyonkezelő és Szolgáltató Limited Liability Company
Company seat: 1103 Budapest, Kőér utca 2/A. C. ép.
Tax number: 13627289-4-42
Cj. (commercial register number): 01-09-865069
Customer support service e-mail: email@example.com
4. Legal information
The main fields of services performed by the Service provider in connection to these Standard Contractual Clauses:
TEÁOR 4791 '08 Mail order, online retail
TEÁOR 7410 '08 Fashion design, design
The recipients of the service: in accordance with the Decree and Act V of 2013 on the Civil Code, 8:1.§(1)3, they are private persons regarded to be „consumers” (in this interpretation a consumer is: a natural person acting outside his or her occupation, individual profession or business activity). According to these definitions (henceforth: Consumer), Service provider and Consumer together are referred to as “Parties”.
Based on paragraph 4, point 10 of the Decree, the distance contract: it is such a consumer contract which is concluded without the simultaneous physical presence of the parties, within the framework of the distance selling system developed for the product or service provision described in the contract. In order to conclude the contract the parties only use devices enabling communication between distant parties.
According to paragraph 4, point 14 of the Decree, the contract concluded outside business premises: is such a consumer contract,
a) which was concluded with both parties being physically present at the same time, at a place different from the enterprise’s business premises;
b) concerning which the consumer made an offer to the enterprise under the circumstances defined in point a)
c) which was concluded in the enterprise’s business premises or by the use of devices enabling communication between distant parties, immediately after the enterprise – with both parties being physically present at the same time – contacted the consumer personally and individually at a place different from the enterprise’s business premises; or
d) which was concluded during a trip organised by the enterprise with the goal of selling or propagating the products or services to the consumer.
In accordance with paragraph 4, point 11 of the Decree, the Website (www.duray.hu) is considered to be a „communication device enabling communication between distant parties”.
We need to record– in order to sell the products on our Website – our customer’s billing data and delivery address.
Our Legal and data management declaration, prepared based on Act CXII of 2011 on Informational Self-determination and Freedom of Information contains the rules of data management during order management.
Government decree No. 45/2014 (II.26) on the detailed rules of contracts between consumer and enterprise determines the regulations regarding distance contract.
Technical Operation of the Website:
The web server supplying www.duray.hu is operated by FIT Solutions Kft. Thus the order details sent via e-mail and recorded by the Customer are locally stored within Hungary, in Budapest.
The consumer prices are gross prices, the prices displayed on the Website already include VAT. The sum total consists of the products’ gross price and the cost of delivery. The Consumer concludes a purchase contract with the Service provider by sending the code or name of any of the products found on the Website by e-mail or by filling out the form found under the heading “Contact”. The Service provider informs the Costumer about the completion of the agreement via e-mail.
The following information concerns all ordered products.
The Hungarian Post delivers the ordered products on the weekday after the order was received.
In case of orders exceeding gross 20.000 HUF, the delivery expenses are incurred by the Service provider, if the order is delivered within Hungary.
Under 20.000 HUF our delivery prices, which are gross prices, are listed on the bill:
...... to Budapest / to the countryside
0,1 - 1 Kg 2000 Ft
1,1 - 2 Kg 2500 Ft
2,1 - 3 Kg 3000 Ft
3,1 - 4 Kg 3500 Ft
4,1 - 5 Kg 4000 Ft
5,1 - 6 Kg 4500 Ft
6,1 - 7 Kg 5000 Ft
Prices of ancillary services:
Cash on delivery:
Budapest: 200 Ft
Countryside: 395 Ft
Value enouncement: 1% of the package’s value
Guaranteed delivery on the following day to any place of the country: Basic fee + 50 HUF
Handling of fragile packages: Basic fee + 50%
Delivery of packages above the size limit: Basic fee + 50%
Stand out fee ** 550 HUF
Budapest: 170 HUF
Countryside: 500 HUF
7. Payment opportunities
The prices on the Website are displayed in HUF and EUR currencies, in accordance with Act CLV of 1997 on consumer protection, paragraph 14, point 4 and 5, our Website indicates the prices with bold letters. The products are always sold on the consumer price displayed at the moment of the order. The Service provider reserves the right to occasionally modify the price of its products which has no retroactive effect.
1. Cash on delivery, in this case the Consumer pays by cash to the courier when the package is received
2. At our partners (our delivery points) by cash or by card
3. Transfer payment before delivery
8. Communication by phone
Detailed rule concerning the communication by phone following the contract conclusion and the payment instrument’s user charge:
If the enterprise provides administration via phone for communication purposes following the contract completion, then the enterprise ensures that the consumer contacting it is not charged increased fees for the phone call.
The enterprise is not allowed to impose fees for the use of the given payment instrument which exceed the costs borne by the enterprise regarding the payment instrument (such cost is the cost of cash on delivery which it invoices on an unchanged value).
Paragraph 11 of the Decree is applicable to this information and the product descriptions on the Website.
The Service provider accepts the order only if the customer sends all personal data neccessary to complete the order to the Service provider, without shortcoming. The Service provider is not responsible for any delivery delays, mistakes or other problems which can be traced back to wrong and/or inaccurate order data sent by the customer.
Your order is becoming effective if it is confirmed through electronic letter by our colleagues.
The language of the order confirmation is the same as the language of the contract conclusion.
The Consumer indicates his or her ordering intention by sending the code or name of any of the products found on the Website by e-mail or by filling out the form found under the heading “Contact”.
Placing an order is possible every day of the week, 24/7. The received orders are processed on WEEKDAYS, 10am-4pm. It is possible to place an order outside the period indicated as order processing, if it is placed after working hours it will be processed the following day. Our customer support service confirms in every case by e-mail the time when the order can be fulfilled. General fulfillment deadline: within 1-4 weekdays following the confirmation.
Ways to take over the order:
1. Cash on delivery shipping
2. Personal takeover at our partners
3. In case of transferring money via parcel services, after the purchase price’s credit appeares on the Service provider’s account
Course of ordering:
1. You can shop on our Website without registration.
2. In case of purchase demand, sending the order demand with the products’ codes or names to the Service provider.
3. The Customer can also send the above data by filling out a form serving this reason, found under the heading “Contact” on the Website or sending a letter to the e-mail address firstname.lastname@example.org .
4. Our colleague confirms your order if the product you wishes to buy is available.
5. Our colleague requests the following data from the Consumer to finalise the order, besides the product’s code or name: Consumer’s name, way of takeover, payment method, delivery address, billing data.
6. After finalizing the order our colleague indicates via e-mail that we recorded your order and sends these Standard Contractual Clauses to the Consumer.
7. Our colleague notifies the customer by electronical letter about the ordered product’s expected arrival, in case of personal takeover you will be informed about the time of the takeover.
In case of cash on delivery the price of the ordered products needs to be payed in case of cash on delivery to the courier, when the package is received.
If you take over the package at our partners, you need to pay the product’s price to our partners, on the premise.
In case of bank transfer the Consumer pays the product’s price before the delivery. After the product price’s credit appeares on the Service provider’s bank account, it delivers the chosen product to the Consumer based on the above described times.
Please request the delivery to a place, where someone is always present who knows about the package’s arrival. We would like to ask you to order the desired product only if you can pay it’s price to the courier after receiving the package.
You can find the bill including the delivery fee in the package.
We wish you successful shopping!
10. Right of cancellation
The following paragraph applies exclusively to the Consumer – a natural person acting outside his or her individual profession or business activity who purchases, orders, receives, uses or utilizes a product, or receives commercial communication or offer relating to the product.
A Consumer, based on the Decree on the detailed regulations of business-consumer contracts, in case of a product purchase contract, is entitled to cancel the contract within fourteen (14) days following the day the Consumer or a person assigned by the Consumer, but different from the conveyor received the product, regarding the purchase of
1. a product,
2. the product last provided if multiple products were provided,
3. the item or piece last provided if a product is composed of multiple items or pieces,
4. if the product needs to be provided on a regular basis, the first service provision.
The Consumer is entitled to exercise his or her right of cancellation in the period between the contract conclusion date and the date of receiving the product.
If the Consumer wishes to exercise the right of cancellation, they must send a clear statement indicating this intent of cancellation via electronical letter the email@example.com. The Consumer exercises the right of cancellation within the deadline if he or she sends the cancellation statement to the Service before the above deadline passes (even if on the 14th calendar day).
The Consumer needs to prove that the right of cancellation was exercised in accordance with the above determined regulations.
In all cases the Service provider immediately confirms receiving the Consumer’s cancellation statement by e-mail.
In case of cancellation in writing, the cancellation must considered to be valid if the Consumer sends the statement concerning this to the Service provider within 14 calendar days (even if on the 14th calendar day).
The Consumer, in the case of cancellation, is obliged to send the ordered product back to the Service provider’s address without unnecessary delay, but at least within 14 days after publishing the cancellation statement. The deadline is considered to be met if the Consumer returns (posts or gives to the courier) the product within the 14 day deadline.
The cost of sending the product back to the Service provider must be borne by the Consumer, except if the Service provider has undertaken to bear these costs. The Service provider, however, will not undertake the process and costs of product return. The Provider is unable to receive products sent back with cash on delivery. The Consumer bears no further costs regarding the cancellation besides the cost of returning the product.
If the Consumer cancels the contract, the Service provider immediately, but at least within 14 days after receiving the cancellation statement, refunds all payments made by the Consumer, including any delivery costs (payed for shipping the product) as well, except for any additional costs incurred because the Consumer chose a method of delivery differing from the cheapest standard method of delivery offered by the Service provider. The Service provider is entitled to withhold refunds until they reobtained the product or the Consumer proved beyond doubt that the product has been sent back. The Service provider considers the earlier of the two dates.
Orders issued through the website cannot be cancelled via the telephone (in word). Based on paragraph 23 of the Decree, the Service provider will refund the entire fee of the order cancelled with the cancellation statement at least within 14 days following the cancellation, by bank transaction to the Consumer.
Template for cancellation statement:
I/We, the undersigned(s) declare that I/we exercise my/our right of cancellation regarding the contract relating to the provision of the following service provision:
Contract conclusion date/Receiving date:
In case of delivered but incorrectly completed items (wrongly assembled or damaged during delivery), the Service provider undertakes the return of products relating to warranty/guarantee claims, as specified by the rules on guarantees included in the Appendix 1 of these Standard Contractual Clauses.
In case of 29.§ of the Decree with special attention to § a) and d), the Consumer cannot exercise their right of cancellation if they submitted their order on the website, the Service provider delivered the items on time and the exact content corresponding to the order, but the Consumer decides rather not to receive the product. On the other hand, the Consumer is NOT ENTITLED TO EXERCISE THEIR RIGHT OF CANCELLATION REGARDING PRODUCTS TAILORED SPECIFICALLY TO CONSUMER REQUIREMENTS (DESIGNED UNIQUELY). In this case the Decree – provided that the order was fulfilled correctly – does not order the Service provider to refund the price or take back the products.
If an eventual legal dispute between the Consumer and the Service provider concerning consumer rights isn’t resolved by negotiation with the Service provider, the purchaser who is considered to be consumer can appeal to the relevant Conciliation Panel based on their place of residence or permanent address and initiate the Panel’s legal action. The Consumer can alternatively appeal to the Conciliation Panel based on the Service provider’s address, and the Consumer has the following further legal options available:
• Filing a complaint to the consumer protection authority,
• Dispute resolution through the European Union’s online dispute resolution platform.
Customer support service, information, eventual filing of complaints: by e-mail to firstname.lastname@example.org on workdays between 10am-8pm.
Contact details of the Budapest Conciliation Panel:
Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf.: 10.
E-mail address: email@example.com
Fax: 06 (1) 488 21 86
Phone: 06 (1) 488 21 31
Furthermore, you are entitled based on relevant legislation to exercise your demand originating from the legal dispute in front of court within the framework of a civil proceeding.
Based on Act V of 2013 (6:159.§ - 6:174.§ of the Civil Code), warranties or product warranties can only be exercised after receiving the arrived products, by a) common agreement, b) conciliation process or c) a civil proceeding.
Conditions to exercise a request for warranty: if the received products cannot be used (they have a manufacturing defect or were damaged during delivery) and the Service provider or Conveyer is responsible for this without doubt.
Warranties/product warranties and commercial warranty claims cannot be exercised at the same time.
Filing a guarantee or warranty claims, based on Act 19 of 2014. (IV. 29.) of Ministry for National Economy about the rules on handling requests for warranties relating to sales undertaken in a consumer-business contract, is not considered to be a consumer protection complaint. Based on the Decree, the Consumer must prove that the consumer-business contract was established by presenting the original VAT receipt. A note must be recorded about the guarantee claim. The process is described in detail by 4.§ of Act 19 of 2014. (IV. 29.).
We would like to emphasise that you cannot exercise the right of cancellation regarding products produced based on the consumer’s instructions or direct request.
The content presented on the website is informative in nature.
As content on the website is under copyright protection, the unpermitted use of any materials on the website violates the acts on copyright, trademark and other related regulations. If any user downloads the content of the website for personal or other non-commercial use, he or she needs to retain all marks and notices referring to copyright and trademark contained in the original documents. Materials displayed on the website, including links leading to third websites, are forbidden to be modified, copied, publicly displayed, performed or used for any public or business/commercial purposes without the prior written consent of the Service provider.
The Service provider bears no risk, responsibility or liability in the event that a user does not obtain the necessary written permission to use the website’s content, as determined by the Service provider.
The Website may contain direct and indirect links referring to domestic and foreign websites (so called hyperlinks) which are outside Service provider’s area of responsibility content wise. The Service provider explicitly states that the links displayed on the website contained no illegal content at the time the links were placed. The Service provider has no influence regarding the future content or design modifications of the linked/connected websites, therefore the Service provider explicitly dissociates itself from any content modifications/amendments introduced after the links were displayed. Only the owners of the referred websites are responsible for illegally, incorrectly or incompletely displayed content and especially if this causes damage to the users, not other operators who merely utilise these links as references.
The Service provider is entitled to unilaterally modify the contents of these Standard Contractual Clauses at any time. Any modifications are in effect at the same time they are published on the Website.
The Consumer read these Standard Contractual Clauses, understood their content and considers them to be binding.
Information on warranties, product warranties and commercial warranties.
1. Warranty (6:159.§ - 6:167.§ of the Civil Code)
• When can you exercise your right for warranty?
On the basis of a contract in which the parties owe mutual services to one another, the Service provider shall be liable to provide warranty for lack of conformity based on 6:159.§ - 6:167.§ of Act V. of 2013 on the Civil Code.
• What rights are you entitled to based on your request for warranty?
2) On the basis of warranty rights, you shall have the option: a) to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the obligor as compared to the alternative remedy. If repair or replacement no longer serves your interest, they can ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the obligor’s expense, or to withdraw from the contract if the obligor refuses to provide repair or replacement or is unable to fulfil that obligation under the conditions described. You shall be entitled to switch from the warranty right he has selected to another. The cost of switch-over shall be covered by you, unless it was made necessary by the obligor’s conduct or for other reasons.
• In what deadline are you entitled to exercise your warranty request?
You shall be required to inform the obligor of any lack of conformity without delay. (2) In the case of contracts that involve a consumer and a business party, if notification of the lack of conformity is made within two months of the time it is detected, it shall be deemed to have been made in good time. I’d like to emphasise that in connection with contracts that involve a consumer and a business party, your right to warranty shall lapse after two years from the delivery date.
• Whom can you exercise the warranty request against?
You are entitled to exercise their warranty rights against the business.
• What are the other conditions of exercising a right for warranty?
If notification of the lack of conformity is made within six months of the time it is detected, there are no other conditions if you can prove that the service was provided by the Service provider. Beyond 6 months you also have an obligation to prove that the lack of conformity already existed at the time of delivery.
2. Product warranty (6:168.§ - 6:170.§ of the Civil Code)
• When can you exercise your right for warranty?
In case of lack of conformity of any movable property sold by a business party to a consumer, you can either exercise your right for a warranty or a product warranty.
• What rights are you entitled to based on your request for warranty?
The consumer shall have the right to demand from the manufacturer to have the product repaired or - if repair is not possible within a reasonable period of time and without harming the consumer’s interest - to provide a replacement.
• When is the product deemed defective?
A product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer
• In what deadline are you entitled to exercise your warranty request?
The manufacturer shall remain subject to warranty obligation for a period of two years effective from the date of placing the given product on the market. You lose your right for a product warranty request after this period.
• Whom can you exercise the warranty request against and what are the other conditions of exercising a right for warranty?
You are entitled to exercise their warranty rights against the business. The burden of proof showing that the product was defective lays with you.
• When shall the manufacturer be relieved of warranty obligation?
The manufacturer shall be relieved of warranty obligation if able to prove that: a) he manufactured or placed the product on the market in the course of operations other than in the course of its business activity or for purposes relating to his profession; b) the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered; or c) the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.
I’d like to call to your attention that it is not possible to exercise the right for a warranty and a product warranty at the same time. The warranty obligation relating to a replacement product in the case of replacement, or to the part repaired shall be however assumed by the manufacturer.
3. Commercial warranty (6:171.§ - 6:174.§ of the Civil Code)
In the case of lack of conformity, providers are obligated to provide commercial warranty. This shall be exercised in 14 days following the receiving date.
Lack of conformity can be waived by the re-shipping of items with correct specifications. The consumer can also choose a refund of items ordered (the costs of initial and re-shipping cannot be covered by the provider as the service is already occurred upon receiving the initial package).
The guarantor shall be released from liability if he is able to prove that the cause of the defect occurred after performance.
I would like to call to your attention that it is not possible to exercise the right for a warranty and a commercial warranty, or a product warranty and a commercial warranty at the same time. Your commercial warranty rights are, however, unaffected by the authorisations as discussed in bullets 1 and 2 above.