The present General Terms and Conditions (hereinafter referred to as the “GTC”) apply to Trendidivat Fashion Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (registered office: 2310 Szigetszentmiklós, Dobó István utca 23. ; tax number: 27902778-2-13; company registration number: 13-09-204831; registration authority: Court of Registration of the Budapest District Court; e-mail address: trendidivatluxury@gmail.com; hereinafter referred to as “Merchant/Service Provider”) and the rights and obligations of the Merchant/Service Provider. In relation to these GTC, the Supplier and the Customer are hereinafter collectively referred to as the Parties.
- GENERAL INFORMATION, CONCLUSION OF THE CONTRACT BETWEEN THE PARTIES
1.1 These GTC apply to all services related to the delivery of clothing items in Hungary, which are ordered via the website www.trendidivat.hu (hereinafter referred to as the Website, Webshop) and the Facebook community page and Facebook Messenger.
1.2 The Service Provider operates a webshop on its Website (hereinafter referred to as the “Webshop”) for the sale of the products distributed by the Service Provider to Customers. Purchasing from the Webshop is possible by placing an order electronically, as specified in these GTC.
1.3. Orders can be placed on the Website with or without registration. The customer is obliged to pay the purchase price of the product(s) ordered and the delivery costs, as well as the costs of cash on delivery in the case of cash on delivery orders.
1.4 The essential properties and characteristics of the goods (clothing) available for purchase in the Webshop, as well as instructions for the use of the goods, are set out in the product description of the specific item. The purchase price of the products is always the gross price indicated under the selected product. The purchase price of the products does not include the cost of delivery and, in the case of cash-on-delivery orders, the cost of collection.
1.5 The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, provided that the change will take effect at the same time as the change is published on the Website. The change does not affect the purchase price of the products already ordered and therefore does not modify the contract. If the Service Provider, despite all due care and diligence, displays an incorrect price on the Website, in particular a price of “0” Ft or “1” Ft which is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the product, or which may be due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer to deliver the product at the correct price, in the knowledge of which the Customer may withdraw from the purchase.
1.6. The products selected and ordered in the store will be delivered to you by GLS and MPL courier service! The delivery time is 1-3 working days from the date of dispatch of the order. The GLS courier service will send you a scheduled delivery time on the day of delivery, in 3-hour intervals. The MPL courier service delivers on working days, between 8am and 5pm! Please note that we cannot predict exactly when couriers will deliver in your area. It is usually true that we deliver during working hours on the next working day after pick-up, but unfortunately we cannot guarantee delivery on a fixed date! If neither you nor a family member is at home, you should provide an address where you can collect the parcel during working hours (e.g. your workplace). You can also include other information about the delivery address in the note, and be sure to give your mobile phone number to the courier.
GLS courier service: if the courier cannot find anyone at the address, he/she will try to deliver the parcel twice more.
For MPL courier service: If delivery is unsuccessful, the postal service will drop the parcel off at your local post office, which you have 5 days to collect it, if not within 5 days, the parcel will be returned to our shop.
1.7. Our delivery prices in Hungary
IN CASE OF DELIVERY: GLS Home Delivery: 1500 HUF, GLS ParcelService: 900 HUF, GLS ParcelService: 1000 HUF. GLS Home Delivery : 1890 Ft, GLS ParcelService: 1290 Ft, GLS ParcelService: 1390 Ft.
MPL offers the following options.
Our delivery prices in Hungary
IN CASE OF ORDER: MPL Home Delivery: 1800 HUF, MPL Parcel Service/Package Point: 990 HUF, MPL Postal Delivery: 1400 HUF. MPL Home Delivery : HUF 2190, MPL Parcel Service/Package Point: HUF 1380, MPL Postal Delivery: HUF 1790.
From 50.000Ft ( gross amount) only PRE-ORDER is possible and the delivery fee is FREE! 1.8.
- THE ORDER PROCESS, DELIVERY AND PAYMENT TERMS
2.1 The Customer may place his/her order in one of two ways after adding the products indicated on the Website to the shopping cart:
2.1.1. without registration, after filling in all the mandatory fields of the order form and verifying the data entered, by clicking on the “Order the contents of the basket” icon.
2.1.2. on or before the first purchase, after filling in the data requested in the registration form, after logging into the account. If during the Ordering process any field is incompletely filled in, in the cases provided for in points 2.1.1. and 2.1.2. an error message will be sent from the Website, after the error message the Customer will have the possibility to modify and clarify his/her data.
2.2.The Service Provider shall send a confirmation to the Customer by e-mail immediately upon receipt of the order, but no later than 48 hours after receipt of the data.
2.2.1 The Service Provider shall process the personal data provided by the Customer during the order in accordance with the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information. For more information on data processing, please refer to the Privacy Policy.
2.3 The Service Provider shall not be liable for any delivery delays or other problems or errors caused by the Customer’s incorrect and/or inaccurate order data.
2.4. Payment options: cash on delivery or bank transfer in advance. The advance payment can be made by transfer to the bank account number of the Service Provider indicated in the confirmation.
2.5 If the Customer chooses cash on delivery as one of the payment methods, the Customer shall also pay a cash on delivery handling fee in addition to the delivery fee set out in Section 1.6, the cost of which is HUF 390.00 gross. In the case of prepayment, the Service Provider will only deliver the parcel to the delivery agent once the exact amount indicated in the order confirmation has been received on the Service Provider’s bank account indicated in the order confirmation. In the case of advance payment, if the Customer does not make payment within 15 days of receipt of the confirmation e-mail, the Service Provider shall be entitled to withdraw from the contract by means of a written unilateral declaration addressed to the Customer, in which case the contract shall be terminated without performance by the Parties.
2.5.1 Online credit card payments are made through the Barion system. The credit card data are not transmitted to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.
2.6. By placing an order, the Customer declares that it expressly accepts these General Terms and Conditions and acknowledges that it is bound by them.
2.7. The Service Provider confirms that the delivery is carried out via a parcel delivery service within Hungary, which delivers the ordered goods on working days within the time interval specified in the notification sent by the parcel delivery service. 2.8 If the Customer is not able to receive the ordered goods at the delivery address at the time of delivery specified by the courier service, the Customer shall agree a date for a repeat delivery with the courier service. The parcel delivery service will deliver the ordered goods in undamaged, unopened packaging to the address indicated in the confirmation. The delivery in undamaged, unopened, original packaging is deemed to be the packaging used by the Service Provider, bearing the Service Provider’s logo and a unique design. If, on receipt, the Customer notices damage or other irregularities in the packaging, the parcel service shall, at the Customer’s request, hand over the goods in itemised form and take a report on the spot.
- GUARANTEE, WARRANTY
3.1.The Service Provider shall be obliged to provide warranty and guarantee in accordance with Act V of 2013 on the Civil Code (hereinafter: Civil Code) and Government Decree 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses.
3.2 In the event of delivery of defective or non-conforming products, the Customer shall be liable to the Hungarian Civil Code. 6:159 (1) a) of the Civil Code, unless the fulfilment of the chosen right of accessory warranty is impossible or would result in disproportionate additional costs for the debtor compared to the fulfilment of another right of accessory warranty, taking into account the value of the service in its original condition, the seriousness of the breach of contract and the damage to the interests of the beneficiary caused by the fulfilment of the right of accessory warranty. If the repair or replacement has not been or could not have been requested, the Customer shall be liable for the costs of the repair or replacement in accordance with the provisions of the Civil Code. 6:159. § 6.159 (1) b), the Customer may request a proportionate reduction of the consideration or you may also have the defect repaired or replaced by another party at the expense of the Company or – as a last resort – may withdraw from the contract if the Service Provider has not undertaken to repair or replace the defect in view of the disproportionate additional costs referred to above, or cannot fulfil this obligation within a reasonable period, having regard to the characteristics of the goods and the intended use which the Customer can reasonably expect, without prejudice to the interests of the person entitled, or if the person entitled has lost his interest in the repair or replacement. There shall be no right of withdrawal on the grounds of minor defects.
3.3.The Service Provider states that the Customer may, under the rules of the Civil Code, transfer from one right of warranty for accessories to another, but the Customer shall bear the costs of the transfer, unless the transfer was justified or the Service Provider gave a reason for it.
3.4 In order to enforce the rights of the Customer under the warranty of convenience set out in Clauses 3.2 and 3.3, the Customer shall notify the Supplier of the defect immediately upon discovery of the defect, but no later than two months after discovery of the defect.
3.5 The Service Provider stipulates that in the case of a contract between a consumer and a business, the consumer’s right to claim for a warranty of convenience expires two years after the date of performance of the contract, and the consumer may not enforce his rights to a warranty of convenience beyond the two-year limitation period from the date of performance of the contract. For second-hand goods, this period is one year. The limitation period shall not include the part of the repair period during which the person entitled cannot use the goods for their intended purpose.
3.6 In the case of a contract between a consumer and a business, it must be presumed, until the contrary is proved, that the lack of conformity discovered by the consumer within six months of performance was already present at the time of performance, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. On this basis, if the customer wishes to enforce his rights under a guarantee after the expiry of six months from the date of performance, the customer must prove that the defect was already present at the time of performance.
3.7. In the case of an off-premises contract (order) concluded between absentees, the Customer has the right to withdraw from the contract without giving any reason within fourteen days from the date of conclusion of the contract. The Customer may exercise his right of withdrawal by means of a clear declaration to this effect addressed to the Supplier. For this purpose, he may use the model declaration in Annex 1 to these GTC.
3.8. The Service Provider shall immediately, but no later than within fourteen days of becoming aware of the withdrawal, refund the total amount paid by the Customer as consideration, including the costs incurred in connection with the performance.
3.9 In the event of withdrawal or termination, the Service Provider shall reimburse the amount due to the Customer in the same manner as the payment method used by the Customer. The Service Provider may, with the express agreement of the Customer, use another method of payment for the refund, but the Customer shall not be charged any additional fees as a result.
3.10. The Supplier may withhold the amount specified in clause 3.8 until the Customer has returned the Product or has proved beyond reasonable doubt that he has returned it, whichever is the earlier. The Supplier shall not have the right of retention if it has undertaken to return the Goods itself.
3.11. In the case of defective products, the Customer may claim a product warranty in respect of the products ordered. As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
3.12. The Product shall be deemed to be defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer. The Customer may claim a product warranty against the manufacturer or distributor of the product within two years of the date on which the product was placed on the market by the manufacturer.
3.13. The manufacturer (distributor) shall be exempted from his product warranty obligation pursuant to the provisions of Article 6:168 (3) of the Civil Code only if he can prove that:
- (a) did not manufacture or market the product in the course of his business or self-employment;
- b) the defect was not detectable by the state of science and technology at the time the product was placed on the market; or
- (c) the defect in the product was caused by the application of a law or a mandatory requirement imposed by a public authority.
The manufacturer (distributor) may only prove one of the grounds listed in points a) to c) in order to be exempted from the obligation to provide a guarantee in respect of the alternative conditions.
3.14. The Customer may not assert a warranty claim for accessories and a product warranty claim for the same defect at the same time.
3.15. Pursuant to Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables, the Service Provider is obliged to provide a warranty for products with a sales price exceeding HUF 10,000.00, the warranty period being one year.
3.16. The Service Provider shall be released from its warranty obligation only if it proves that the cause of the defect arose after the performance of the service. The Customer may not assert a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time and in parallel.
3.17. The Service Provider confirms that the warranty and guarantee conditions regulated in this clause shall also apply to orders placed via the Facebook page or using Facebook Messenger, with the differences resulting from the use of social networking sites.
3.18. Damaged parcel.
If you notice any damage to the bag that indicates that the goods inside have been damaged, file a report and do not take the package. A small scratch on the bag itself is not an indication that the product inside has been damaged. We are unable to exchange the shipment free of charge in the absence of a record. If you experience damage, please contact our customer service immediately by email at trendidivatluxury@gmail.com or during working hours at (24) 402 402.
- Complaint handling
4.1.The Customer/Orderer may contact the Service Provider with questions and possible complaints regarding the operation of the Webshop, orders and possible complaints at the following contact details: mailing address: 2310 Szigetszentmiklós, Dobó István u. 23., or E-mail: trendidivatluxury@gmail.com; telephone number: +36/24-402-402.The Service Provider can be reached by telephone on working days between 10 a.m. and 6 p.m.
4.2 Complaints made by telephone will be investigated immediately by the Service Provider and will be remedied as necessary and as far as possible.
4.3 If the Customer does not agree with the handling of the complaint or if it is not possible for the Service Provider to investigate the complaint immediately, the Service Provider will promptly take a record of the complaint and its position on it. A copy of the record shall be sent by the Service Provider to the Customer at the latest together with the substantive response to the complaint.
4.4 The Service Provider shall respond to complaints made orally by the Customer or, in the Customer’s opinion, not satisfactorily dealt with by the Service Provider, as well as to complaints made in writing, within 30 (thirty) days of their receipt.
4.6.The Customer may enforce its disputes against the Service Provider arising from these GTCs by litigation and other legal means, and is entitled to initiate proceedings before the Pest County Arbitration Board competent at the seat of the Service Provider.
4.7. E-mail address: pmbekelteto@pmkik.hu The current contact details of the competent conciliation bodies can be found on the following website: https://bekeltetes.hu The consumer protection authorities are located in the organisation of the government offices, for which the current contact details can be found on the following link: www.kormanyhivatal.hu
- OTHER PROVISIONS
5.1 In case of placing an order through the Webshop, the Customer accepts that the Service Provider is not liable for any damage caused by the connection to the Website. The Customer is responsible for the protection of his/her computer and the data on it.
5.2 The Service Provider may modify the terms and conditions of these GTC at any time. However, any modification of the GTC shall not affect the contracts already concluded and the terms and conditions set out therein.
5.3 The Service Provider shall act in accordance with the provisions of the Civil Code relating to the general terms and conditions of contracts in the event of amendments to these GTC.
5.4. The provisions of the Civil Code, Government Decree No. 45/2014 (26.II.) and the relevant Hungarian legislation in force at the time shall prevail with regard to issues not regulated in these GTC.
Done at Szigetszentmiklós, 26 May 2021.
- Annex No.
Model withdrawal/cancellation notice[1]
Recipient[2]: *
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal/cancellation in respect of the contract for the purchase of the following product(s) or the provision of the following service(s): *
Date of conclusion of contract / date of receipt: *
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s): (only in case of paper declaration)
Dated [1] (fill in and return only in the event of withdrawal/cancellation of the contract) [2] Name, address of service provider