I. Scope of the General Terms and Conditions
1. These General Terms and Conditions set forth the terms and conditions of the use of CRAFTUNIQUE Korlátolt Felelősségű Társaság's Webstore at http://www.craftunique.com/.
2. The Webstore has been created to enable Consumers to purchase the Operator's products via the Internet.
3. Purchasing at the Webshop is made possible only by placing electronically submitted orders in the manner described in these GTC.
4. The appendices attached to these GTC shall form parts of GTC, and the provisions thereof shall be interpreted in conformance to the provisions of GTC.
II. Definitions and abbreviations
GTC: these General Terms and Conditions
Operator: CRAFTUNIQUE Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered seat: H–1047 Budapest, Bem utca 28., company registration number: 01 09 909528, tax number: 14562372-2-41)
Product: Those goods and services that sold at the Operator’s Webstore, and can be ordered by the Customer
Webstore: An interface operated by the Operator at a website through which the Consumer can place orders for purchasing the Product. The services of the Webstore are accessible to any Consumer provided that they accept the terms of these GTC as binding.
Parties: the Operator and the Customer
Consumer: natural persons of full age who act beyond the scope of their professions, independent occupation or business, and purchase the Products via the Webstore.
Customer not qualifying as a Consumer: any such partner involved in the selling of Products who buys from the Operator, and sells the Product to specific Customers.
Customer: the Consumer and Customer not qualifying as a Consumer.
Shopping cart: a virtual list of Products selected by the Consumer
Act on e-commerce (Eker. tv.): Act CVIII of 2001 on certain issues concerning on electronic commerce and information society services
Act on the Civil Code (Ptk.): Act V of 2013 on the Civil Code
Government Decree: Government Decree 45/2014 (Feb 26) on the detailed rules for contracts made by and between the consumer and the business
III. Terms of using the service
1. The provisions of these GTC shall apply to contracts concluded by and between the Operator and Customers.
2. The Customer shall keep its identification data, in particular its password, as required for the purchasing of the Product in such a manner that they do not become accessible to unauthorized third parties. The Operator shall not perform the identification of the Customer during the purchasing of the Product, and therefore the Operator shall not assume liability for any damage or additional costs incurred by the Customer with the unauthorized use of the identification data by any third party as necessary for the purchasing of the Product.
3. If the Customer wishes to use the services of the Webstore, it shall accept these GTC by selecting the associated checkbox at the website.
If the Customer does not accept these GTC, it cannot use the services of the Webstore; it is not allowed to register or place orders.III.1. Registration
1. Registration shall be executed by clicking on the "Create an Account" button of the "Login/Create an Account" menu, and entering the data on the registration interface. During the registration, the Customer shall provide the Operator with authentic, true data. Any damage caused to the Operator as a result of entering false data shall be indemnified by the Customer. Prior to registration, the Customer is required to become familiarized with the provisions of GTC. Registration may only be executed in case the Customer accepts the provisions of GTC as binding. After completing the data on the registration interface, the Customer shall confirm that it has consulted and accepted the provisions of GTC by checking the associated checkbox.
2. In the process of registration, after the personal data have been entered, the Consumer shall have two options for finalizing the registration. It can choose to enable the two-step verification by clicking on the associated checkbox. The two-step verification ensures a higher level of security for the Consumer's Customer Account by linking a QR-code authentication to the account login in addition to the Customer’s password. The two-step verification is an optional feature for Customers. After completing the two-step verification, Consumers can finalize the registration by clicking on the "Create" button.
In conformance to their specific agreements with the Operator, for resellers not qualifying as Consumers the two-step verification process shall be deemed as a precondition of registration at all times.
If the Consumer does not want to use the two-step verification after the personal data have been entered, it can finalize the registration by clicking on the "Create" button.
3. The Registered Customer can have access to the "Login/Create an Account" menu by entering the e-mail address and password used during the registration by clicking on the "Login" button to purchase the Product at any time.
4. If the registered Customer wishes to modify the data entered during the registration, it can make changes under the "My Account Settings" dropdown menu by clicking on the button containing its e-mail address. Changes for each data can be finalized by clicking on the "Save Changes" button.
IV. Process of ordering and contracting, rights and obligations of the Parties
1. The Customer may choose the Products it wishes to order from the Operator's Products, in view of the product categories presented at the Website.
2. In relation to any given Product, the product list shall specify
● article number,
● net price.
2. The Customer can select the number of items it wishes to order from the product list. After selecting the desired quantity, the Customer can place the Product in the Shopping Cart by clicking on the "Shopping Cart" button.
3. In the Shopping Cart, the Customer can accurately check the Product and quantity it wants to order. Similarly, the Customer can review the total value of the Products to be ordered in the Shopping Cart.
4. The Customer can remove items from the Shopping Cart it does not intend to order by changing the value of "Quantity" next to the Product to zero and deleting the Product from the Shopping Cart by clicking on the "Update Shopping Cart" button.
5. The Customer can calculate the expected shipping fee under the "Shipping Fee Estimate" submenu of the "Shopping Cart" menu. For such calculation the country, region, city and zip code details need to be entered, and then the „Get Quotes” button has to be clicked in order to view the potential shipping options and related fees.
After the shipping fee has been calculated, the Customer can choose a shipping option under the "Choose carrier" submenu of the "Shopping Cart" menu by selecting the checkbox next to the appropriate shipping option. The detailed shipping terms are shown in Section V of GTC, while the rules of payment are stipulated in Section VI of GTC.
6. If the Customer has a valid coupon code carrying discount entitlement, it can be validated by clicking on the "Apply" button after entering it under the "Discount" submenu of the "Shopping Cart" menu.
7. When the Customer has reviewed all the Products in the Shopping Cart, it has selected the appropriate shipping option and wishes to submit its order with the current contents of the Shipping Cart, it can continue to place the order by clicking on the "Payment" button.
8. The next step is to enter the billing address, which can be implemented under the "Billing Address" menu. The "Billing Address" menu becomes automatically accessible by clicking on the "Payment" button. After entering the billing address, the Customer can proceed to the next step by clicking on the "Continue" button.
9. By clicking on the "Continue" button, the "Shipping Address" menu is automatically displayed, and after the shipping data are entered, the Customer can click on the "Continue" button to proceed to the "Shipping option" menu. By selecting the checkbox next to the appropriate shipping option and clicking on the "Continue" button, the Customer reaches the "Overview and Payment" menu.
10. By clicking on the "Payment: PayPal" button under the "Overview and Payment" menu, the Customer will be redirected to payment interface of PayPal.
11. Upon payment via the PayPal payment interface, the Operator will send a confirmation e-mail to the Customer. The date of the conclusion of the contract shall be the day when the confirmation e-mail arrives to the Customer's e-mail inbox.
12. The concluded contract does not qualify as a written agreement to be filed by the Operator, and therefore it will not be accessible thereafter.
13. The language of the contract is Hungarian.
V. Shipping terms, personal receipt of ProductsV.1. Forms of receipt
1. With respect to the ordered Products, the Customer may choose from
● home delivery and
● takeover in person.
2. The Customer may only apply for one form of receipt for the entire contents of the Shopping Cart.
3. The Customer is required to pay a shipping fee based on each shipping option, as well as and the size and weight of the ordered Products. The Customer may review the shipping fees to be paid in the "Shipping Fee Estimate" submenu of the "Shopping Cart" menu.V.2. Home delivery
1. The Operator performs home delivery by using courier services.
2. Orders are processed and Products are shipped on business days.
3. The ordered Products shall be handed over to the courier services within 10 business days following the payment of the purchase price, and the courier services shall deliver the Product within 2 business days in the territory of Hungary. The purchase price shall be deemed to have been paid when the total amount has been credited to the Operator's bank account.
4. If the delivery of the Products cannot be executed for reasons attributable to the Customer, including, in particular, if the Customer cannot be found at the specified address at the time of delivery, the given time period shall be excluded from the lead time of delivery.
If the Customer refuses to take over any Product without a well-grounded reason, the courier service shall return the ordered Product to the Operator's warehouse. The Consumer may collect the Product at the Operator's warehouse for an additional term of 45 days, for which period a storage fee shall be charged by the Operator. If it remains uncollected for 45 days after returning the Product to the warehouse, the Operator may withdraw from the contract. In the event of Operator's withdrawal, the Operator shall return the amount reduced by the storage fee to the Customer.
5. The courier services shall perform delivery in conformance to the provisions of their own respective terms and conditions of contracting.
6. The Service Provider's courier services:
● DPD Hungária Kft. H-1158 Budapest, Késmárk utca 14. Bld. B
Delivery terms of the courier service can be found at the following address: http://www.dpd.com/hu/home/siteutilities/aszf
● DHL Express Hungary Ltd. H-1097 Budapest, Fehérakác u 3.
Delivery terms of the courier service can be found at the following address: http://www.dhl.hu/hu/expressz/szallitas/szallitasi_tanacsok/terms_conditions.htmlV.3. Takeover in person
1. The ordered Products may be picked up by the Customer at the Operator's registered seat in H–1047 Budapest, Bem utca 28. The Operator shall notify the Customer via e-mail of the date from which such collection may be exercised. Takeover shall be possible during the opening hours of the Customer Service office.
2. The Product ordered with takeover in person may be collected without a storage fee being charged within 15 days following the date of collection notification. After the expiry of the 15th day, the Customer may collect the Product for an additional period of 45 days, for which period a storage fee shall be charged by the Operator. If the Product is not collected within this total period of 60 days, the Operator may withdraw from the contract. In the event of Operator's withdrawal, the Operator shall return the amount reduced by the storage fee to the Customer.
VI. Terms of payment
1. When purchasing Products, the form of payment available to the Customer shall be payment via PayPal.
2. By clicking on the "Payment: PayPal" button in the "Overview and Payment" menu, the Customer will be redirected to payment interface of PayPal. By entering its e-mail address and password on the payment interface, the Customer will be able to make the payment of the approved purchase price and shipping fee.
VII. Complaint handling and options for the enforcement of rights
1. Customer complaints may be filed at any of the following Customer Services addresses:
In person or by post: H–1047 Budapest, Bem utca 28.
Via e-mail: firstname.lastname@example.org
2. Customer complaints may be sent in writing by post, fax or e-mail. Minutes shall be taken in relation to complaints presented in person, verbally at the Operator's Customer Services, one copy of which shall be handed over to the Customer.
3. The Operator shall investigate the Customer's complaint without fail, no later than 30 days, and inform the Customer in writing by mail, fax or e-mail of its opinion regarding the complaint.
4. Should there be a dispute between the Operator and Customer concerning the conclusion and performance of the contract, the quality of the Product, product safety and the application of the rules of product liability, it is possible to settle the dispute by way of extrajudicial dispute resolution. Such matters shall fall within the competence of the reconciliation bodies. The reconciliation body is responsible for trying to make a settlement between the Parties in order to resolve the consumer dispute, or otherwise – when such efforts remain ineffective –this body shall decide on the matter in question, in order to ensure a simple, quick, efficient and cost-effective enforcement of consumer rights. The reconciliation bodies are independent bodies standing for the county-based (Budapest) chambers of commerce and industry. The reconciliation body that is competent at the consumer's address or place of residence shall be deemed as the competent authority. In the absence of the the Consumer’s address or place of residence, the competence of the reconciliation body is to be determined with respect to the seat of the enterprise concerned in the consumer dispute. On the basis of the Consumer's related request, instead of the above-mentioned competent body the reconciliation body indicated in the Consumer's request shall be accepted as the competent organization of reconciliation.
Data of the reconciliation body that is competent at Operator’s seat:
Budapest Reconciliation Body (BBT)
Address: H–1016, Budapest, Krisztina krt. 99.
Telephone: +36 1 488 2131
Fax number: +36 1 488 2186
E-mail address: email@example.com
5. In the event of any breach of consumer's rights under Act CLV of 1997 on consumer protection and Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers, the Customer may contact the Consumer Protection Authority. The consumer protection supervisory authority of the county government office shall act as the consumer protection authority of first instance.
Contact information of the Pest County Government Office's Division for Technical Authorization and Consumer Protection:
Address: H–1135 Budapest, Lehel utca 43-47.
Mailing address: H–1365 Budapest, Pf.: 270.
Telephone: +36 1 236 3937, +36 1 236 3978, Fax: +36 1 236 3956
6. In order to settle the dispute between the Parties at court, in the form of litigation, the Parties may appeal to the court having jurisdiction in conformance to the provisions of Act III of 1952 on the code of civil procedures.
VIII. Withdrawal by the Customer qualifying as a Consumer
1. The Customer qualifying as a Consumer has the right of withdrawal without cause within 14 days following the takeover
● of the Product,
● of the last Product delivered when ordering several products, and the products are delivered at a different time,
● of the last item or unit in the case of a single product consisting of several items or units,
● of the first service if the product has to be delivered regularly over a specific period of time
by the Consumer or a third party appointed by the Consumer, other than the Operator.
In addition, the Consumer has the right to exercise its right of withdrawal during the period between the date of conclusion of the contract and the date of the receipt of the product.
2. The Consumer may exercise its right to withdraw
● by using the form of declaration provided at the website; or
● by way of its unambiguous statement relating to the exercise of such right.
3. The Operator shall provide a technical facility for the exercise of the right of withdrawal at its Website.
4. The right of withdrawal shall be deemed to have been enforced in due time when the Consumer's declaration of withdrawal has been sent before the expiry of the time limit for withdrawal.
5. The Customer is required to demonstrate that it has exercised the right of withdrawal as defined in this Section.
6. If the Customer qualifying as a Consumer has withdrawn from the contract, the Operator is required to reimburse the total amount paid as valuable consideration by the Customer within 14 days following the date of the withdrawal.
7. In the case of withdrawal, the Operator shall reimburse the amount due to the Consumer with the application of the form of payment that is identical to the one used by the Customer unless the Parties agree on a different form of reimbursement. If the Consumer specifically chooses a form of transportations other than the least inexpensive form of shipping, the Operator is not obliged to refund the resulting additional costs.
8. The Operator shall withhold the amount due to the Consumer until the Consumer has returned the Product, or has proved beyond a reasonable doubt that it has sent the Product back.
9. If the Consumer withdraws from the contract, it shall be required to return the Product without fail, but no later than 14 days after notice of withdrawal, or hand over the same to the Operator at its Customer Services unless the Parties agree on a different form of product return. The Consumer shall bear the direct cost arising from the return the Product.
10. The Consumer shall be liable for any value impairment as a result of use in excess of the extent of use that is needed for the determination of the nature, properties and operation of the product.
11. The Consumer may not exercise its right of withdrawal as per the provisions of this Section with respect to:
● perishable products or products preserving their quality for a short period;
● products in sealed packaging that cannot be returned after being opened following delivery for sanitary or hygienic purposes;
● products that – by their very nature – are inseparably mixed or blended with another product following delivery;
● the selling of audio and video recordings in sealed packaging, or copies of computer software in case – following delivery – the Consumer has opened the packaging;
● newspapers, magazines and periodicals.
IX. Withdrawal by the Customer not qualifying as a Consumer
1. The Operator shall provide a technical facility to exercise the right of withdrawal at its Website.
2. The right of withdrawal shall be deemed to have been exercised in due time when the Consumer's declaration of withdrawal is sent before the expiry of the time limit for withdrawal.
3. If the Customer not qualifying as a Consumer has withdrawn from the contract, the Operator is required to reimburse the total amount paid as valuable consideration by the Customer within 14 days of the date of the withdrawal.
4. Upon confirmation by the Operator, the order can no longer be canceled.
X. Warranty rights
1. The Operator shall be deemed to provide defective performance on case the Product does not comply with the quality requirements set out in the product specification or legal regulations in effect at the time of delivery. The Operator shall not be deemed to provide defective performance if the Customer was aware of or should have been aware of the defect at the time of the conclusion of the contract.
2. In the event of any defective performance, the Customer may – in addition to other rights provided under law – enforce the rights relating to implied warranty and producers’ liability for defects.X.1. Rights relating to implied warranty
1. On the basis of its claim for implied warranty, the Customer
● may demand repair servicing or replacement unless the chosen right relating to implied warranty is impossible to satisfy, or if the Operator would incur any disproportionate extra cost with it in comparison to the fulfillment of another kind of implied warranty demands, with respect to the value of the subject-matter of the contract in non-defective conditions, the severity of the breach of contract and the inconveniences caused to the Customer by fulfilling the rights relating to implied warranty;
● may demand the proportionate delivery of counter-services, make good or have the defect repaired by a third party at Operator's expense, or withdraw from the contract in case the Operator has not undertaken or is unable to fulfill its obligations to repair or replace the same, or if the Customer's interest in the Product becoming repaired or replaced has lapsed.
No withdrawal may be initiated with reference to immaterial defects.
2. Any repair or replacement shall be completed – in view of the characteristics of the Product concerned and its intended function as expected by the Customer – in due time, to the best of the Customer's interests.
3. The Customer may decide to change the chosen rights relating to implied warranty to another option. The Customer is required to pay the costs of the change to the Operator unless the change has been caused by the Operator, or it has become justified otherwise.
4. Promptly after its detection, the Customer shall notify the obligor of any defect. In the case of a contract with a Customer qualifying as a Consumer, the defect communicated within two months of its discovery shall be deemed to have been notified without delay. For any damage arising from the failure to give such notification, the Customer shall be held liable.
5. The Customer's claim relating to implied warranty shall lapse one year after the date of performance. In the case of a Customer qualifying as a Consumer, the Customer's claim relating to implied warranty shall lapse two years after the date of performance.
6. The warranty claim shall be deemed to be enforced in due time for all those defects of the supplied Product that have caused the indicated defect. If the Customer enforces its warranty claim for any distinct part of the Product with respect to the specified defect, the warranty claim shall not be deemed valid for the other parts of the Product.
7. The costs of fulfilling the warranty obligation shall be borne by the Operator. If the Customer’s failure to comply with its maintenance obligations has contributed to the malfunctioning of the Product, the Customer shall bear the incurred costs in proportion of its contribution provided that it has had proper knowledge of the maintenance of the Product, or if the Operator has indeed fulfilled its obligations to provide information in this regard.X.2. Rights relating to producers’ liability for defects
1. In the event of a defective product sold by the Operator to the Customer qualifying as a Consumer, the latter can demand the Operator to make good the defect of the Product, or – if such repair is not feasible within a reasonable time, without prejudice to the Customer's interests – to replace the Product. The Product shall be deemed as defective if it does not meet the Product's quality requirements in effect at the time when it was placed on the market by the Operator, or does not feature the properties specified by the Operator.
2. The Operator shall be exempted from producers’ liability for defects if it proves that
● the Product has not been marketed within the scope of its business activity or independent occupation;
● at the time when the Product was placed on the market, the defect was not identifiable by the prevailing state of scientific and technological knowledge; or
● the Product failure has been caused by the application of a statutory or mandatory regulatory requirement.
3. The Customer qualifying as a Consumer shall immediately notify the Operator after the defect has been detected. The defect communicated within two months of its discovery shall be deemed to have been communicated without delay. The Customer qualifying as a Consumer shall be liable for any damage arising from the delay in communication. The Operator shall be bound by the producers’ liability for defects for a term of two years following the date of the placement of the Product on the market. Failure to meet this deadline shall result in the forfeiture of legal rights.
XI. GuaranteeXI.1. Statutory guarantee
1. Within the meaning of the provisions of Government Decree 151/2003 (Sept 22) on the statutory guarantee relating to certain consumer durables, the Operator shall undertake guarantee obligation in relation to the Product. The statutory guarantee obligation shall covert solely those products that have been sold by the Operator to a Customer qualifying as a consumer.
2. The term of the statutory guarantee shall be one year. Failure to comply with this time limit shall result in the forfeiture of legal rights.
3. The term of the statutory guarantee shall start with the delivery of the Product to the Customer qualifying as a consumer.
4. During the term of the statutory guarantee, the Operator is obliged to indemnify all defective performances. The Operator shall be discharged from its guarantee obligations in case it is evidenced that the cause of the defect has arisen just after performance.
5. The Operator is obliged to make the Hungarian guarantee note to the Customer qualifying as a consumer together with the consumer durable in question.
The rights arising from the guarantee may be enforced by presenting the guarantee note.XI.2. Guarantee undertaken by the Operator
1. Beyond the 1-year statutory guarantee, the Operator undertakes a complementary guarantee for 12 months. During this period, the term of the guarantee for the device (and its accessories) may not be extended with the time period of repair, or it may not be restarted as irrespective of the form of correction.
The term of the guarantee for the accessories, parts of the product (the term of the statutory and complementary guarantee) shall be as follows. The guarantee for wearing parts, such as hot ends, belts, bearings and nozzles shall cover a maximum term of use for 1000 hours. Any use over 1000 hours during one year shall be deemed as improper use in conflict with the intended function, which shall not be covered by the Operator's guarantee obligation.
The term of the guarantee shall start with the delivery of the Product to the Customer.
2. In other respects, the Operator's voluntary guarantee shall be subject to the rules of the statutory guarantee.
3. The Operator shall not bear any guarantee obligation in the following cases:
The cause of the defect was not inherent in the Product at the time of performance, and the Operator may not be made liable for the defect.
Such a case shall be when the defect is attributable to
- natural tear and wear;
- extreme environmental impacts, circumstances of use (e.g. strong frost, excessive heat effect, overloading);
- force majeure (circumstances that the Parties cannot see in advance at the time of the conclusion of the contract, and whose occurrence they cannot prevent, e.g. wars, disorders, damages deliberately caused to goods and services, earthquakes, floods);
- use of the product for any purpose in conflict with its intended use;
- use, assembly of the product in deviation from the requirements of use, handling;
- neglected care, maintenance;
- non-professional repair servicing;
- use of inappropriate parts.
XII. General data, contact informationXII.1. Data of the Operator
The Operator operates and maintains the Internet-based webstore under the www.craftunique.com URL.
Company name: CRAFTUNIQUE Korlátolt Felelősségű Társaság
Registered address: H–1047 Budapest, Bem utca 28.
Company registration number: 01 09 909528
Court of registration: Company Registry Court of the Tribunal Court of Budapest
Statistical code: 14562372-2620-113-01
Tax number: 14562372-2-41
Bank account number: 10800007-30000000-14324054
Address of the customer services: H–1047 Budapest, Bem utca 28.
Telephone: +36 30 339 5000
Customer service hours: 8:30–15:00 from Monday to Friday
E-mail address: firstname.lastname@example.org
This GTC is accessible in a downloadable format at the www.craftunique.com website.XII.4. Scope of GTC
This GTC shall be valid for an indefinite term starting on its effective date.
This GTC shall be applicable to all such product sales within the territory of and beyond the borders of Hungary that are transacted via the electronic purchasing interface that can be found at the Website.
This GTC, as well as the contractual relationship between the Operator and Customer shall be subject to the laws of Hungary, in particular the Civil Code and the Act on electronic commerce. If Hungarian law cannot be applied to the any element of the contractual relationship of the Parties based on the provisions of any international legal norm, international contract or convention, the given issue shall be governed by the requirements of the associated international legal norm, international contract or convention, with the additional condition in connection with those aspects of the relationship of Parties that are not affected by the associated international legal norm, international contract or convention Hungarian law shall prevail.
XII. General data, contact information
1. The unique IT and technological solutions, as well as certain image elements of the Website shall qualify to be the Operator's creations protected by copyrights, and therefore be subject to the Operator's exclusive right of disposal; their use or adaptation to any extent shall be lawful solely with the Operator's prior consent.
2. The Customer is obliged to use the technical functions of the Website solely for the intended purposes. The Operator warrants that the IT system running at the Website operates safely, and its use does not pose any threat on or cause damage to the Customer's computerized equipment, installed software. The Operator cannot assume any liability for damage that the Customer suffers from the fault or malfunctioning of its computerized equipment or software, or because the Customer's IT system has been attacked by any malicious software (viruses, spyware). The Customer is required to take all measures that is reasonably expected in the given situation to make its own IT system suitable for the intended use of the service for shopping via the Website, and in particular execute the due updates of its software, operating system, as well as the application of proper protection against malware.
3. The Operator has the right to modify the provisions of this GTC by way of its declaration at its own discretion. Such modification of GTC shall not affect the orders that are in progress at the time of the modification. The Operator shall notify the Customer of all modifications of GTC in the form of e-mail. Before its first order following any modification of GTC, the Customer is obliged to become familiarized with the provisions of the modified GTC. Orders may be placed only if the Customer has accepted the effective provisions of GTC as appropriate for the effectuated modifications as binding. The Customer has the option accept the provisions of GTC as appropriate for the effectuated modifications by placing the first order after modification.
Budapest, 1 June 2017
INFORMATION RELATING TO WITHDRAWAL / CANCELLATION
Right of withdrawal / cancellation
The Consumer has the right to withdraw from the contract within 14 days, without cause.
Time limit for withdrawal/cancellation
a) in the case of contracts relating to selling and purchasing of products: the time limit shall expire in 14 days following the day when the product is taken over by the Consumer or a third person appointed by the Consumer from the transportation agent;
b) when more products are supplied: the time limit shall expire in 14 days following the day when the last product is taken over by the Consumer or a third person appointed by the Consumer from the transportation agent;
c) when a product consisting of several items or units are supplied: the time limit shall expire in 14 days following the day when the last item or unit is taken over by the Consumer or a third person appointed by the Consumer from the transportation agent;
d) in the case of contracts relating to regular supply of the product within a specific period of time: the time limit shall expire in 14 days following the day when the first product is taken over by the Consumer or a third person appointed by the Consumer from the transportation agent;
If the Consumer intends to exercise its right of withdrawal/cancellation, the Consumer is obliged to send its unambiguous declaration indicating its intent of withdrawal/cancellation to the Operator in the manner defined in Section V of GTC.
For this purpose, the form of declaration of withdrawal/cancellation provided in Appendix 2 hereto may be used.
The Consumer shall be deemed to have exercised its right of withdrawal/cancellation in a timely manner in case its declaration of withdrawal/cancellation is sent before the expiry of the time limit.
Legal consequences of withdrawal / cancellation
If the Consumer withdraws from the contract, the Operator shall promptly, but no later than 14 days following the receipt of the declaration of withdrawal is obliged to reimburse all the valuable considerations having been provided by the Consumer, including the costs of transportation, with the exception of extra costs that have been incurred with the Consumer's choice of any form of transportation in deviation from the most inexpensive, usual form of transportation offered by the Operator. During such reimbursement, the Operator shall apply a form of payment that is identical to the form of payment used for the original transaction unless the Consumer has given its express consent to the use of any other form of payment. As a result of the use of such a form of reimbursement, the Consumer may not cover any extra cost.
The Operator may withhold the reimbursement until the product returned by the Consumer arrives, or the Consumer confirms that the product has indeed been returned, whatever is earlier.
If the Consumer has taken over any product based on the contract, the Consumer shall return or hand over the product without any unjustified delay, but no later than 14 days following the communication of its declaration of withdrawal. This deadline shall be deemed to have been observed in case the Consumer returns the product before the expiry of the 14-day time limit.
The direct costs of returning the product shall be borne by the Consumer.
The Consumer may be made liable for any value impairment of the product only if it has occurred as a result of use in excess of the extent of use that is needed for the determination of the nature, properties and operation of the product.
The Consumer may also complete the form of the declaration of withdrawal/cancellation at our Website [www.craftunique.com], or submit any other declaration clearly expressing its intent of withdrawal/cancellation. If the Consumer decides on this latter form, the Operator shall promptly confirm the receipt of the declaration of withdrawal/cancellation via electronic mail."
FORM OF THE DECLARATION OF WITHDRAWAL/CANCELLATION
In the case of any intent of withdrawal/cancellation, you are kindly requested to complete and return this Form to the address of Customer Services defined in Section IV/2 of this GTC.
I, the undersigned ................................................... hereby represent that I wish to exercise my right of withdrawal/cancellation with respect to the selling and purchasing of the following product(s): (Please name the product or service contemplated in your contract here)
Date of contracting/receipt: (Please enter the appropriate details here)
Name of the consumer:
Address of the consumer:
Signature of consumer: (only for hardcopy declarations)
INFORMATION ON DATA MANAGEMENT
relating to the management of personal data by CraftUnique Kft. entered at the website of www.craftunique.com
By way of this declaration, CRAFTUNIQUE Korlátolt Felelősségű Társaság (registered address: H–1047 Budapest, Bem utca 28., company registration number: 01-09-909528, tax number: 14562372-2-41., represented individually by Csaba Fazekas, managing director), as the data controller of personal data (hereinafter referred to as the "Data Controller") hereby advises the Customers in relation to its data management practices indicated in the title hereof, the measures taken for the protection of personal data, the associated legal remedies that are available to the Customers, as well as the fact that data management is exercised under Hungarian law.
The purpose of the information on data privacy is to provide appropriate information to the Customers in relation to certain rights and obligations they have in relation to the management of their personal data. Based on the information, the Customers can become familiarized with the circumstances of their personal data, and thus they can make well-grounded decisions on the provision of their consent to such data management. This information on data management is based on Section (2) of Article 20 of Act CXII of 2011 on informational self-determination and freedom of information (hereinafter referred to as the Info Act), stating that prior to the data management the data subject shall be explicitly informed in detail of every fact relating to the management of their data, in particular, of the objective of the data management and its legal grounds, the individual authorized to manage and process the data, the duration of the data management, whether the personal data are controlled pursuant to Article 6 (5) as well as of who have access to the data. This information shall include the rights and potential legal remedies of the data subject in connection with the data management.
1. IDENTIFYING DATA OF THE DATA CONTROLLER
CRAFTUNIQUE Korlátolt Felelősségű Társaság
registered seat: H–1047 Budapest, Bem utca 28.
company registration number: 01-09-909528,
tax number: 14562372-2-41.
Represented independently by: Csaba Fazekas, managing director
Relevant contact details:
- mailing address: Hungary, 1047 Budapest, Bem utca 28.
- telephone: +36 1 700 8060, toll-free telephone: +36 80 088 038
- e-mail: email@example.com, firstname.lastname@example.org
- URL of the Data Controller's website: www.craftunique.com
2. THE TERMS AND EXPRESSIONS USED IN THIS INFORMATION SHALL BE INTERPRETED AS FOLLOWS:
● Data controller: CRAFTUNIQUE Kft.
● Customer: the person whose personal data are managed by the Data Controller. The Data Controller shall collect and manage the personal data of only those affected persons who register themselves via the webstore for the in order to use the services offered by the webstore.
● Personal data: all data that pertain to or can be associated with the Customer, and where any Customer-related conclusions can be drawn from the data.
● Authority: Hungarian National Authority for Data Protection and Freedom of Information
3. PURPOSE OF DATA MANAGEMENT:
The purpose of the management of personal data is
● to allow the Data Controller to have access to the Customer's identifying data during the use of the services of the webstore, enabling direct contact and the identification of the Customer in the case of shopping, as well as direct and efficient administration, transportation; and
● to allow the Data Controller to send commercial offers to the Customer, and contact the Customer directly in order to present its products and services; and
● to allow the Data Controller to use the data of the Customer for the purpose of research and development towards continuous improvement.
4. SCOPE OF THE MANAGED DATA:
4.1. The Data Controller shall manage the personal data of the Customers: name, address, e-mail, telephone, fax.
4.2. Beyond the personal data of the Customers defined in Section 4.1, the Data Controller shall electronically store the following data:
- unique identifier of the printer (serial number),
- printing time (number of hours) that can be associated with printing and quantity of the consumed printing material.
4.3. The Data Controller advises the Customers that the data specified in Section 4.2 are automatically forwarded to the Data Controller by the printer.
5. LEGAL BASIS OF DATA MANAGEMENT:
Pursuant to Paragraph a) of Section (1) of Article 5 of the Info Act, the management of all personal data shall be based on the consent of the data subject.
The management of all personal data shall be based on the consent of the data subject, which the data subject may give in the course of registration. Before giving its consent to data management, the Customer is required to consult and become familiarized with the General Terms and Conditions of the Data Controller and this information on data privacy. The Customer can give its consent to the management of personal data by checking the associated checkbox in the course of registration in order to state that it has become familiarized and approves with the details of the information on data privacy.
6. PERSONS AUTHORIZED TO HAVE ACCESS TO THE DATA:
Personal data shall be managed and processed by the Data Controller. The Data Controller may forward the personal data required for the identification of the Customer to the courier services involved in home delivery to enable the delivery of the ordered products and establishing contact with the Customer. To such data forwarding to the courier services, the Customer may give its consent concurrently with the approval of data management. The purpose of data forwarding is to allow the contracted courier service partner of the Data Controller to deliver the products to the Customer as the Consumer. In line with the purpose of data forwarding, only those personal data shall be forwarded that are needed for delivery. Upon the Customer's related request for information, the Data Controller shall give provide accurate details as to which personal data of the Customer have been forwarded to its contracted partner, and how the Customer can establish contracts with the given contracted partner.
Contracted courier service partners of the Data Controller:
DHL Express Magyarország Szállítmányozó és Szolgáltató Kft.
Registered address: H–1097 Budapest, Fehérakác u 3.
Company registration number: 01 09 060665
Telephone number: +36 29 556 000
FedEx Trade Networks Transport & Brokerage (Hungary) Kft.
Registered address: H–2220 Vecsés, Airport City Logistics Center, Üllői út 807/B. Bld. C
Company registration number: 13 09 141990
Telephone: +36 40 980 980
The Data Controller shall handle personal data confidentially, and may not disclose them to third persons, with the exception of data forwarding to the courier services. The personal data managed by the Data Controller may be disclosed only to those employees of the Data Controller who are involved in the operation of the webstore, the consummation of purchasing transactions, the process of the sales and transportation of products, as well as the handling of any complaint, warranty demand that may arise. The Data Controller shall take all reasonable measures to prevent personal data from being disclosed to unauthorized third persons while they are processed in its IT system and during administration, and to this end the Data Controller shall operate a secure and closed IT system.
7. DECLARATION ON THE ENGAGEMENT OF A DATA PROCESSOR:
The Data Controller does not rely on the services of any data processor.
8. DURATION OF DATA MANAGEMENT:
The Data Controller shall manage personal data until the data subject requests the discontinuation of data management and the deletion of personal data.
9. RIGHTS OF THE CUSTOMER IN RELATION TO DATA MANAGEMENT:
9.1. Provision of information
The Customer may request the Data Controller at any time to provide information in relation to the management of its personal data. Upon the data subject’s request, the Data Controller shall provide this information as soon as possible after the submission of the request, or at the latest within 25 days in writing, in a clearly understandable form.
The Customer may send its request for the provision of information in writing, via mail or fax, or in the form of an e-mail message to the Data Controller. In its request, the Customer shall indicate its identifying data on the basis of which its authorization for access to the personal data can be ascertained by the Data Controller. In its request, the Customer is obliged to indicate the electronic or postal addresses to which the Data Controller can provide the information. The Customer may request information in relation to the scope of the managed personal data, the sources of personal data, the purposes of the management of personal data, as well as the legal regulations pursuant to which the Data Controller manages personal data, the duration of the management of personal data by the Data Controller, the Data Controller's activities associated with the management of personal data. Upon any related request, the Data Controller shall provide information as to which contracted partners personal data have been forwarded, as well as the legal grounds of such data forwarding. Should any data privacy incident occur in the course of data management, the Customer may as well request the provision of information in relation to the consequences, effects thereof, as well as its counteraction. Data privacy incidents shall mean cases when personal data are managed or processed in any unlawful manner. Such cases include in particular incidents when unauthorized persons have access to the personal data, the personal data are changed, forwarded or made public in an illegal manner, or canceled or destroyed unlawfully. When personal data are destroyed or damaged as a result of any accidental event, it shall also be deemed as a data privacy incident.
The Data Controller shall provide the information no later than 25 days following the receipt of the Customer's request. The Data Controller shall provide the information in the form of an e-mail message. If the Customer submitting the request has failed to indicate its electronic contacts in the request, or expressly asks for delivery via post, the Data Controller shall provide the information in writing, via post. The Data Controller shall provide information with respect to the scope of personal data defined in the request as free of charges once a year.
Any requested information may be refused to be provided by the Data Controller only in the following two cases.
● If in the case of any data forwarding the Data Controller has already taken personal data over from the data forwarder so that the data forwarder informs the Data Controller that the rights of the data subject in relation to the information concerned are restricted by any domestic or international legal regulation.
● If the rights of the data subject in relation to the information concerned are restricted by any legal regulation for the external and internal security of the state (i.e. interests in home defense, national security, crime prevention or fight against crime, execution of sentences), or for the protection of the economic and financial interests of central and local government, safeguarding the important economic and financial interests of the European Union, guarding against disciplinary and ethical breaches in regulated professions, the prevention and detection breaches of obligations relating to labour law and occupational safety – including in all cases control and supervision – and to protect data subjects or the rights and freedoms of others.
In the event of any refusal of the provision of information, the Data Controller shall communicate in writing to the Customer as for what reasons the provision of information has been refused, and define the legal grounds thereof precisely. In this case, the Data Controller shall concurrently inform the Customer of the potential legal remedies at court or the option to appeal to authorities (concerning legal remedies, please see the following Section 10 of this information).
9.2. Correction of data
The Customer may request the Data Controller at any time to correct its personal data in case they are not realistic. If the personal data are not realistic, while the realistic personal data are available to the Data Controller, the personal data shall be corrected by the Data Controller. The Customer may send its request for correction in writing, via mail or fax, or in the form of an e-mail message.
If the Data Controller does not fulfill the Customer’s request for correction, within 25 days following the receipt of the request in writing, the cause of refusal shall be communicated electronically with the Customer's approval with the specification of the regulatory ground thereof. In this case, the Data Controller shall concurrently inform the Customer of the potential legal remedies at court or the option to appeal to authorities.
9.3. Deletion or blocking of data
The Customer may request the Data Controller at any time to delete or block its personal data. The Customer may send its request for deletion or blocking in writing, via mail or fax, or in the form of an e-mail message to the Data Controller.
The Data Controller shall delete the personal data if
- they have been managed unlawfully,
- the Customer has requested the deletion or blocking of its personal data – with the exception of statutory data management,
- the data management incomplete or inaccurate, and it cannot be lawfully rectified, provided that deletion is not statutorily disallowed;
- the purpose of processing no longer exists, or the legal time limit for storage has expired;
- it has been ordered by the court of justice or the authority.
If the Data Controller does not fulfill the Customer’s request for deletion or blocking, within 25 days following the receipt of the request in writing, the cause of refusal shall be communicated electronically with the Customer's approval with the specification of the regulatory ground thereof. In this case, the Data Controller shall concurrently inform the Customer of the potential legal remedies at court or the option to appeal to authorities.
Personal data shall be blocked by the Data Controller instead of deleted if so requested by the data subject, or if there are reasonable grounds to believe that deletion could affect the legitimate interests of the data subject. Blocked data may still be processed as long as the regulatory or factual circumstance hindering deletion exists.
9.4. Objection to the management of personal data
The Customer has the right to object to the management of its personal data in the following cases:
● if the management of personal data is necessitated solely for the purpose of discharging the Data Controller’s legal obligation or for enforcing the rights and legitimate interests of the Data Controller or a third party,
● if the management of personal data has the purpose of the direct acquisition of business, public opinion polling or scientific research,
● if it is allowed for the Customer under law.
The Customer may communicate its objection in writing, via mail or fax, or in the form of an e-mail message to the Data Controller. The Data Controller shall review the objection within 15 days following its submission, and decide on its justification. The Data Controller shall inform the Customer in relation to its decision in writing. If the Customer’s objection is justified, the Data Controller shall discontinue data management and data forwarding, block the data involved and notify all recipients to whom the Customer's personal data have previously been transferred concerning the objection and the ensuing measures, upon which these recipients shall also take measures regarding the enforcement of the right of objection.
10. THE CUSTOMER'S LEGAL REMEDIES:
If the Data Controller disagrees with the decision taken by the Data Controller as per Section 9.4, or the Data Controller fails to meet the deadline for the judgment of the Customer's objection, the Customer shall have the right to appeal to court within 30 days following the date of the communication of the decision or the last day of the deadline.
Furthermore, with reference to the violation of its rights associated with the management of personal data, the Customer may as well contact the National Authority for Data Protection and Freedom of Information to seek legal remedies, or initiate proceedings at the competent court of justice.
The Customer may contact the National Authority for Data Protection and Freedom of Information at the following addresses:
address: H–1125 Budapest, Szilágyi Erzsébet fasor 22/c.
mailing address: H–1530 Budapest, Pf.: 5.
telephone: +36 (1) 391-1400
fax: +36 (1) 391-1410
The Customer may as well initiate court proceedings at the tribunal court that has jurisdiction at its address or temporary place of residence.
The Customer has the right to approve data management by the Data Controller only if it has become familiarized with the provisions of data privacy and data management described above, and is aware of its rights and obligations connected with the management of its personal data.