GENERAL TERMS & CONDITIONS
Welcome to www.balcano.eu Webshop, operated by EXTREME SILVER KFT. (hereafter: " Service Provider ").
These General Terms & Conditions (hereinafter: GTC) contain the conditions for the use of the services available on the webshop www.balcano.eu (hereinafter: Webshop) by the Customer (hereinafter: Customer).
All technical information required for the use of the Webshop, which is not included in these GTC, are provided by other information available on the Webshop.
The Service Provider is not subject to the provisions of any code of conduct.
By using the Webshop, Customer acknowledges and agrees to the following:
1. SERVICE PROVIDER
|Company Name:||EXTREME SILVER KFT.|
|Head Office & Mailing Address:||Szent Istvan u. 12. 5700 Gyula, Hungary|
|EU Tax ID:||HU13422431|
|Company Registration Number:||04-09-006569|
|Registered by:||Bekes County Court as Court of Registration
(Kossuth ter 9. 5700 Gyula, Hungary)
|Hungarian Trade and Licensing Office (www.mkeh.hu) Registration Number:||C/ 003 666 (parcel delivery business)|
|Data Management Registration Number:||NAIH-77353/2014|
|Bank Account No.:||HU17 5043 2208 1000 3547 0000 0000|
|Bank Name:||MBH Bank Nyrt.
|Hosting Provider:||Melius-Group Kft.
Orczy ut 40. 1/20.
1089 Budapest, Hungary
2. RULES OF ORDERING OF GOODS
2.1. Create an account
All parts of the content of the Webshop are available to all Customers without creating an account, so the purchase is not subject to have an account.
The customer can create an account after clicking on the "Create an account" menu item in the header of the Webshop. In the registration interface, you need to provide the following information to the Service Provider:
- First name,
- Email address,
After creating an account, the Customer can enter the billing and delivery address in the "My data" menu (after clicking the "View profile" in the header of the Webshop), and this data will be filled in automatically during the next order.
The customer is entitled to cancel his / her personal account at any time by sending a message to the email address firstname.lastname@example.org. The Service Provider shall ensure the deletion of the registration and the personal data provided during the registration within 5 working days after the receipt of the application. Customer user data will be removed from the system immediately after deletion; however, this does not affect the retention of data and documents related to orders already placed, nor does it result in the deletion of such data. Once removed, there is no way to restore any data.
To log in, the Customer must click on "Login" after entering the email address and password in the header of the Webshop.
The Customer is solely responsible for keeping the Customer's access data (especially the password) confidential. If the Customer becomes aware that the password provided during registration may have been accessed by an unauthorized third party, he / she is obliged to change his password immediately, and if it is suspected that the third party misuses the password in any way, he must notify the Service Provider at the same time.
Customer agrees to update the personal information provided during registration as necessary to ensure that it is timely, complete and accurate. The Service Provider shall not be liable for non-fulfillment or late fulfillment of the order, if this is due to the fact that the Customer's data has not been updated.
2.2. Place an order
The Customer can browse the categorized products on the Webshop and select the product he / she wants to order.
The Customer has the opportunity to search for the product he / she wants to buy by name or type by filling in the "Search" field on the Webshop. If there is any product advertised for sale on the Webshop matches the Customer's search, the system will display it.
The Customer can find out about the detailed characteristics, price, other properties of the product to be ordered, after clicking on the "Click here for details" button below the product.
By any product's detail menu the Customer can select and place it in his / her virtual cart by clicking on the "Add to Cart" button and there the Customer can enter the exact quantity to be added to the cart. After added a product to the cart, the contents of the cart are displayed automatically.
Later, the Customer can check the contents of his / her cart by clicking on the "Cart" icon in the top menu of the Webshop.
In the "Cart" interface, the Customer can view and check the detailed list of products placed in the cart, their gross price, the number of pieces to be ordered, and the total value of the order at the bottom of the summary table. On this interface, the Customer can indicate if he / she is requesting a gift ring sizer or other accessory available for the product, such as a gift box.
In the Cart interface, the Customer can change the content of the cart at any time, and he / she has the opportunity to delete a product from the cart by clicking on the “X” button, or to change the product quantity (number of items) by typing the number of items exactly.
The payment method can be selected also in this interface from the options available in the drop-down window next to "Payment method:". Choosing any payment method means that the product will be delivered using UPS Courier, for which the delivery fee varies from payment method to payment and will be added to the price of the product.
By clicking on the "Continue shopping" button, the Webshop will be navigated back to the product information interface, where the Customer can continue browsing the products on the Webshop.
If the Customer no longer wishes to browse the products, he can continue the ordering process on the Webshop by clicking on the "Checkout" button on the shopping cart interface.
In the following interface that appears, the Customer must enter the data required to complete the order (name, delivery address, etc.)
To submit an order, following informations are required:
- ZIP code,
- Address (Street etc.),
- House number,
- Telephone number,
- Email address.
The Customer may indicate that he / she is requesting delivery to an other address than the one provided before, or may save the billing and shipping information by checking the box in front of "save billing and shipping information".
A registered Customer who has logged in to the Webshop and completed it in the “My data” interface will no longer need to re-enter this information.
If the Customer has logged in to the Webshop or continues the order without registration and has provided the necessary data to fulfill the order, it can be sent permanently to the Service Provider by clicking on “Send order” button below.
The order is therefore placed by clicking on the "Send order" button, which creates a payment obligation for the Customer.
Orders can only be placed electronically. It is not possible to place orders by fax, telephone, email or letter, orders received in this way cannot be fulfilled by the Webshop.
The Customer acknowledges and accepts the provisions of these GTC by referring to the behavior of the Webshop during the use of the Webshop (ticking a box, clicking on the button that starts the order).
2.3. Price of the products
The purchase price of the products displayed on the Webshop is indicated in the manner (gross) including VAT and other public charges.
The purchase price by the products does not include the cost of delivery. There is no extra packing fee.
The price of the products is indicated in euros (€). The final amount to be paid based on the order summary and confirmation email includes all costs, including the delivery fee.
2.4. Incorrect price
The Service Provider shall use the greatest possible care when indicating the price of the Products and the description of the Products. However, it may show a price (discount) that is significantly different from the normal market price of the Product and / or an unrealistic price due to an IT device / software error.
Obviously the incorrect price can be any of the following three cases:
- the Webshop indicates a price of 0 € for one or more products,
- discounted price but not reduced to the actual amount of the discount in the Webshop for one or more products,
- without the intention of actual price reduction, the Webshop indicates an erroneous price for one or more Products, which is lower than the discounted market price level.
In such cases, the Webshop is entitled to the following:
- does not accept (reject) the Customer's offer with content (unrealistically low price) contrary to the contractual will of the Webshop AND
- if he chooses, he makes an offer to the Customer at a price already in accordance with his actual contractual will (the Customer is not obliged to place a new order with the Service Provider at this new price), OR
- the offering process launched at the wrong price is considered unsuccessful and the contract is not awarded.
The Service Provider emphasizes that the assessment of the commercial practice should be based on the behavior of a consumer who acts reasonably informed, with the attention and caution normally expected in a given situation.
The Webshop therefore assumes that the Customer acts on the basis of what is expected of the conscious consumer when ordering, so he / she is aware of the nature, characteristics and market price level of the product to be ordered, even if the price of the product indicated by the Webshop is obviously too low.
2.5. To correct data entry errors
At any stage of the order and until the order is sent to the Service Provider, the Customer has the opportunity to correct data entry errors on the Webshop at any time, either in his / her own account, (it can be accessed by clicking on "My Data" in the header of the Webshop or in the order interface). Data entry errors considered, for example, an incorrectly entered quantity, placing the wrong product in the cart, writing order data, wrong shipping address and so on.
2.6. Binding of orders, confirmation
The Service Provider confirms the arrival of Customer’s order without delay, by an automatic confirmation email, which contains the data provided by the Customer during the purchase or registration (billing and delivery information), the order ID, the date of the order, the list of items belonging to the ordered product(s), the quantity, the price of the product, the delivery cost and the final amount to be paid.
A contract can be concluded between the Customer and the Service Provider in the following ways. Which of the following two options is used to create the contract is included in the information on the Website and in the emails sent by the Service Provider.
After the Customer has sent the order to the Service Provider in the Webshop, the Customer will receive two emails from the Service Provider.
The first email is an automatic confirmation email in which the Service Provider informs the Customer that his / her order has arrived in the system. This is a technical system message containing the data provided by the Customer (order ID, order date, list of ordered products, quantity, product price, shipping cost and final amount to be paid).
If the Customer finds that the automatic confirmation email contains his / her data incorrectly, the Customer is obliged to communicate this fact to the Service Provider immediately by e-mail, with the correct data. If the automatic confirmation email does not arrive in the Customer's email account within 24 hours, he / she shall contact the Service Provider, as the order may not have arrived in the Service Provider's system due to technical reasons.
The second email (no longer an automatic, technical system message) contains the Service Provider's contractual statement (ie accepting the Customer's offer / order), which confirms the fulfillment of the order, its processing and sending. It also includes the package number, tracking number, and the delivery details.
The offer accepting email is considered as the acceptance of the offer made by the Customer by the Service Provider, with which the contract is concluded between the Customer and the Service Provider.
The contract for the sale and purchase of a product concluded online between the Customer and the Service Provider shall be deemed to be an contract concluded electronically. Based on the sales contract, the Service Provider is obliged to transfer the ownership of the product, the Customer is obliged to pay the purchase price (if not paid right by placing the order) and take over the product.
The order is considered to be an electronically concluded contract, to which Act V of 2013 of the Civil Code, electronic commerce services, and applies the provisions of the law on certain issues related to information society services CVIII of 2001. The contract falls within the scope of Government Decree 45/2014 (II.26.) On the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.
Payment by credit card through the Stripe banking system: Payment by credit card is made on the qualified online payment interface of Stripe. If this payment method is chosen, the Service Provider redirects the Customer to the Stripe system so that he / she can execute the payment transaction. In all cases, the Customer must enter the bank card details on the Stripe's website, so that they will not reach the Service Provider under any circumstances. Accepted credit cards: MasterCard, Maestro, Visa, Visa Electron. Not all types of Maestro and VISA Electron cards issued by different banks can be used to pay online. The Customer must inquire at the card issuer's bank!
PayPal payment: By this payment method, payment is made on the PayPal online interface. The Service Provider redirects the Customer to the PayPal system so that he / she can execute the payment transaction. On that interface Customer can use his / her credit card or his / her existing PayPal account to settle the payment. Customer must always enter the bank card details on the PayPal page, so that they will not reach the Service Provider under any circumstances. Accepted credit cards: MasterCard, Maestro, Visa, Visa Electron. PayPal is not an electronic bank, but a secure online financial “broker”.
2.7.1. In the case of online payments (online credit card payment or bank transfer), the Service Provider is not responsible for any additional costs incurred by the Customer depending on the payment method chosen by the Customer or the Customer's card issuing bank (especially, but not exclusively, exchange rate, other costs). The Customer takes responsibility for the consequences of the chosen payment method.
2.7.2. The Service Provider reserves the right to reject the order submitted by the Customer. The Service Provider primarily carries out retail sales, therefore the Service Provider reserves the right to confirm less of the quantity of the Products included in the order - depending on the stock. In particular, if the quantity of products ordered exceeds the quantity used in the household and if the order is made during a campaign. The Service Provider notifies the Customer about this by email. In such a case the Service Provider will refund the purchase price of the products already paid by the Customer, but not confirmed by the Service Provider, to the Customer.
2.7.3 Making delivery conditional on payment
In addition to the announced free delivery, the Service Provider pays a shipping fee to the courier company.
If the Customer previously has not received the ordered product (except for the use of the right of withdrawal), or the product has been returned to the Webshop with a signal "Returned", the Service Provider may bind the fulfillment of the order to the payment of the purchase price and delivery costs in advance (e.g. credit card or PayPal payment).
The Service Provider has the right to withhold the delivery of the product(s) until he is convinced that the Customer has successfully paid the price of the product using the electronic payment solution (including the case when transferring in the currency of the Customer's Member State due to the purchase price and the conversion, as well as the bank charges, the Webshop does not receive the amount determined on the basis of the purchase price and the delivery fee). The Service Provider invites the Buyer to supplement the purchase price if the price of the product has not been paid in full.
When placing the order and the payment made successful, the Service Provider issues an electronic invoice to the Customer for the ordered products (to be delivered) in accordance with the applicable legislation to prove the payment. The invoice will be sent to the Customer’s email address. The invoice will indicate the purchase price of the Products to be purchased, the method of payment and the payment deadline for each recorded order. It is the Customer's responsibility to record all relevant data for the invoice to be issued in accordance with reality. In case of failure to do so, or in case of incomplete or incorrect recording, the Service Provider shall not be obliged to issue a new invoice.
The prices of the products on the Webshop are in euros (€) and include VAT.
2.9. Terms of delivery, receiving options
2.9.1. Packaging & documents
The Service Provider ensures the proper packaging of the ordered Product and the sending of the accompanying documents.
Orders placed on the Webshop will be delivered by UPS courier service to the address provided by the Customer during the online order. The package will be sent as a secured shipment.
The courier service delivers orders from 08:00 to 17:00, Monday to Friday. If the Customer is not present at the given address during this period, it is advisable to provide an address (workplace address) as the delivery address, where the Customer can certainly receive the ordered product during the delivery period.
When sending the shipment, the Service Provider will send the tracking number of the package by e - mail for the Customer. With its help the Customer may follow up the path of the package in the special Parcel tracking part of the UPS courier service webite.
If the courier cannot find the Customer at the delivery address on the first delivery, he / she will leave a notice in the mailbox or at the door with a phone number. The next day the package will be delivered again, or the Customer has the opportunity to arrange another date with the courier at the telephone number provided in the notice.
The courier service will try a total of three deliveries, however, if the 3rd delivery fails - for reasons attributable to the Customer - the courier will return the product to the Service Provider and the Service Provider may resell it and cancel the order. In this case, the purchase price paid by the Customer at the time of ordering will be refunded after deducting the shipping cost.
You have more options such as to receive the package to another address, another date, or to pick it up directly at a UPS Access Point location or a UPS Customer Centre. You may learn more about the delivery possibilities at the ups.com website.
If the Customer has reached the free delivery limit as a regular customer, but has not received the shipment and it has been delivered back to the address of the Service Provider, the announced delivery cost will be deducted from the refundable purchase price.
2.9.3. Shipping cost
The Service Provider informs the Customer in advance about the cost of delivery during the process of placing the order, as well as on the dedicated interfaces of the Webshop.
For all loyalty customer on orders over 59,00 €, we provide free delivery!
Registration is free, which you can do before the purchase in the window in the upper right corner of the webshop, or at the end of the purchase.
In case of a non-regular customer order, the parcel delivery fee is 9.99 € to all countries in the European Union.
At this time we can not deliver orders outside of EU countries!
The final amount to be paid is always shown at the end of the cart.
2.9.4. Delivery time
The delivery time for the order varies from country to country. The following link shows the delivery time by country. Delivery time
Of course, the Service Provider strives for fast service and sends most packages (if the order arrives before 12:00 (GMT+2)) on the same day.
The Service Provider informs the Customer in advance about the expected date of delivery of the Product, however, the notices and announcements related to the delivery of the Products - especially the expected date of delivery - are for information purposes only, they do not become part of the contract. Based on this, neither the Service Provider nor the Customer may file a claim for damages to the other party in case of failure or failure to state the statements and information made in connection with the delivery.
In the event of a delay by the Service Provider, the Customer, who qualifies as a consumer, is entitled to set an additional deadline. If the Service Provider fails to perform within the additional period, the consumer is entitled to withdraw from the contract.
The consumer is entitled to withdraw from the contract without setting an additional period if:
- the Service Provider has refused to perform the contract; or
- the contract should have been performed according to the agreement of the parties or because of the recognizable purpose of the service at the specified time of performance, and not at other times.
2.9.5. When delivering the ordered products, the Customer is obliged to make sure that the package is intact in the presence of the courier. In the event of a damaged package, the Customer may refuse to receive the package what must be recorded by the courier. The Customer may only accept a damaged package at his / her own risk. In such a case, the Service Provider shall not be liable for any damaged or defective products.
3. RIGHT OF WITHDRAWAL
3.1. How to use the right of withdrawal
The provisions of this section apply only to a natural person acting outside his / her profession, self-employment or business activity, who buys, orders, receives, uses, uses goods, and is the addressee of commercial communications and offers related to the goods (hereinafter: “Consumer”).
The Consumer is entitled to the contract in accordance with Government Decree 45/2014 (II.26.) (Hungary) on the detailed rules of contracts between the Consumer and the company in the case of a contract for the sale of a
- when supplying more than one product to the last product supplied,
- in the case of a product consisting of several lots or pieces, the last lot or piece delivered,
- if the product is to be delivered regularly within a specified period, withdraw from the contract without giving reasons within fourteen (14) days from the date of receipt of the first service by the Consumer or a third party other than the carrier designated by him.
The Consumer has the right to exercise his / her right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
The Service Provider provides 14 calendar days open for the use of the right of withdrawal indicated in Government Decree 45/2014 (II.26.) (Hungary) in order to use the Consumer's right of withdrawal.
If the Consumer wishes to exercise his / her right of withdrawal, he must provide a clear statement of his / her intention to withdraw (for example, by post, fax or electronic mail) for the Service Provider by using the contact details indicated in point 1 of these GTC. The consumer uses his / her right of withdrawal within the deadline if he / she sends his statement of withdrawal to the Service Provider before the expiry of the deadline indicated above (even on the 14th day).
The conditions and detailed rules of using the right of withdrawal are available at the following link: View
The burden of proving that he / she has used his right of withdrawal in accordance with the provisions set out in point 3 lies with the Consumer.
In both cases, the Service Provider immediately confirms the receipt of the Consumer's withdrawal statement by email.
In the case of a written withdrawal, it shall be deemed to have been validated on time if the Consumer sends the statement to the Service Provider within 14 calendar days (even on the 14th calendar day).
When notifying by post, the Service Provider shall take into account the date of posting and, in the case of notification by email, the time of sending the email for the calculation of the deadline. The Consumer will send the letter by registered mail so that the date of dispatch can be credibly proven.
In case of withdrawal, the consumer is obliged to return the ordered product to the address of the Service Provider (EXTREME SILVER KFT. Szent István u. 12. 5700 Gyula, Hungary) without undue delay, but no later than within 14 days from the notification of his withdrawal. The deadline is considered to be met if the Consumer sends the product (by post or delivers it to the courier ordered by him / her) before the expiry of the 14-day deadline.
The cost of returning the product to the address of the Service Provider shall be borne by the Consumer, unless the Service Provider has undertaken to bear these costs. The Service Provider does not undertake to organize or carry out the return, nor does it take over the cost of returning the product from the Consumer. The Service Provider is not able to accept the package returned by cash on delivery. Apart from the cost of returning the product, no other costs shall be borne by the Consumer in connection with the withdrawal.
If the Consumer withdraws from the contract, the Service Provider shall immediately, but no later than within 14 days from the receipt of the Consumer's statement of withdrawal, reimburse all costs paid by the Consumer, including transport (paid for delivery) costs, except for the additional costs incurred due to the fact that the Consumer has chosen a mode of transport other than the cheapest standard mode of transport offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product is returned, or Consumer has not provided credible proof that it has been returned: of the two, the Service Provider takes into account the earlier date.
During the refund, the Service Provider uses the same payment method as in the original transaction, unless the Consumer expressly consents to the use of another method of payment; no additional costs shall be borne by the Consumer as a result of the application of this method of reimbursement.
The consumer can only be held liable for the depreciation of the product if it has occurred as a result of use in excess of that required to determine the nature, characteristics and functioning of the product. The Service Provider may therefore demand compensation for depreciation and reasonable costs arising from use in excess of the use required to determine the nature, characteristics and operation of the product if, at the express request of the Consumer, the performance of the contract for the provision of services has commenced before the expiry of the time limit and uses his / her right of cancellaion.
3.2. In which cases the consumer does not have the right of withdrawal:
In the case of a non-prefabricated product, which was produced by the Service Provider on the basis of the Consumer's instructions or at the express request, or in case of a product, which is clearly personalized for the Consumer (e.g. engraving on individual request). The Consumer is entitled to withdraw if the ordered product is defective in material or in case of incorrect or inadequate performance (e.g. the Service Provider did not engrave the correct text on the product, or a typo was made or the Consumer did not order the product with engraving).
4.1. Supplies warranty
In the event of faulty performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider. In the case of a consumer contract, the Customer may assert his / her warranty claims for product defects that already existed at the time of delivery of the product within a limitation period of 2 years from the date of receipt. After a limitation period of two years, the Customer can no longer enforce his / her warranty rights.
In the case of a non-consumer contract, the right holder may assert his / her warranty claims within a limitation period of 1 year from the date of receipt.
The Customer may, at its option, request a repair or replacement, unless it is impossible to meet the demand chosen by the Customer or would entail a disproportionate additional cost for the Service Provider compared to the fulfillment of its other request.
The Customer may transfer from the chosen right of warranty to another, however, he / she is obliged to bear the cost of the transfer, unless it was justified or the Service Provider gave a reason for it. The Customer is obliged to notify the Service Provider of the defect immediately after its discovery, but not later than within two months from the discovery of the defect.
The Customer may enforce his / her supplies warranty claim directly against the Service Provider.
Within six months of the performance of the contract, there are no conditions other than the notification of the defect to enforce your warranty claim, if confirmed by the Customer, that he / she has purchased the product from the Service Provider (showing the invoice, order number, or other order details which are suitable for identifying the order). In such a case, the Service Provider is only released from the warranty if it rebuts this presumption, ie proves that the defect of the product occurred after the delivery to the Customer. If the Service Provider can prove that the cause of the defect was caused by a cause attributable to the Customer, it is not obliged to accept the warranty claim made by the Customer. However, six months after the performance, the Customer is obliged to prove that the defect recognized by the Customer already existed at the time of the performance.
4.2. Product warranty
In the event of a defect in the product, the Customer, who qualifies as a consumer, may, at his / her option, may assert the right or product warranty claim specified in point 4.1.
However, the customer does not have the right to assert a claim for supplies warranty and product warranty for the same defect at the same time, in parallel.
However, in the event of successful enforcement of a product warranty claim, the Customer may assert his / her supplies warranty claim against the manufacturer for the replaced product or repaired part.
As a product warranty claim, the Customer may only request the repair or replacement of the defective product. Defects in the product must be proven by the Customer in the event of a product warranty claim.
A product is considered defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
The customer can assert his / her product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he / she shall lose this right. After discovering the defect, the Customer is obliged to report the defect to the manufacturer without delay. A defect reported within two months of the discovery of the defect shall be deemed to have been reported without delay. The consumer shall be liable for any damage resulting from a delay in communication.
Customer may use his / her product warranty claim against the manufacturer or distributor (Service Provider) of the product.
The manufacturer, distributor (Service Provider) is released from its product warranty obligation only if he can prove that:
- manufactured or marketed the product outside its business, or
- the defect was not detectable at the time of placing on the market according to the technical knowledge, or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer or distributor (Service Provider) to prove one reason for the exemption.
In the event of defective performance, the Service Provider is obliged to provide a warranty in accordance with Gov. Decree 151/2003 (IX. 22.) on the mandatory warranty for certain durable consumer goods. The mandatory warranty is 1 year, the starting date of which is the date of delivery of the product to the Customer who qualifies as a Consumer.
In connection with the mandatory warranty for certain durable consumer goods the Gov. Decree 151/2003 (IX. 22.) contains regulations.
The scope of the decree only applies to products sold under a new consumer contract concluded in the territory of Hungary and listed in the annex to the decree.
With regard to the durable consumer goods listed in the annex to the Government Decree, the mandatory warranty is 1 year, the starting date of which is the day of delivery of the product to the Customer or, if commissioned by the Service Provider or its agent, the date of commissioning.
The Service Provider is released from its warranty obligation only if it proves that the cause of the defect arose after the performance.
Warranty rights can only be enforced by the Customer who qualifies as a Consumer.
The defect is not covered by the warranty if the cause occurred after the delivery of the product to the Customer, for example, if the defect:
- improper commissioning (unless the commissioning was carried out by the Service Provider or its agent, or if the improper commissioning can be traced back to an error in the user manual)
- improper use, non-observance of the instructions for use,
- improper storage, improper handling, damage,
- elemental damage caused by a natural disaster.
In the event of a defect covered by the warranty, the Customer:
- in particular, may, at its option, require repair or replacement, unless it is impossible to meet the chosen warranty claim or would result in a disproportionate additional cost to the Service Provider compared to the other warranty claim, taking into account the value of the product in good condition, seriousness and caused damage to the Consumer by fulfilling the warranty claim.
- if the Service Provider has not undertaken the repair or replacement, it cannot fulfill it within the time limit corresponding to this obligation, in the interests of the Customer, or if the Customer's interest in repair or replacement has ceased, the Customer shall choose the reductionof price proportionally, correct the defect at the expense of the Service Provider or have it repaired by another, or withdraw from the contract. There is no room for withdrawal due to a minor defect.
Repairs or replacements must be carried out within a reasonable time, taking into account the characteristics of the product and the intended use of the Customer, in the interests of the Customer. The Service Provider shall endeavor to carry out the repair or replacement within a maximum of fifteen days.
During the repair, only new parts may be installed in the product.
The warranty period does not include the part of the repair time during which the Customer is unable to use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period begins again for the replaced (repaired) product (part of the product) and for the defect that occurs as a result of the repair.
The costs related to the fulfillment of the warranty obligation shall be borne by the Service Provider.
However, the customer does not have the right to assert a warranty and guarantee claim and a product warranty and guarantee claim simultaneously, in parallel, due to the same defect. Notwithstanding these limitations, Customer’s rights under the warranty are set forth in Sections set out in point 4.1 and 4.2. regardless of the rights.
The warranty does not affect therefore the Customer's statutory rights, in particular the warranty for supplies and products, or for damages.
If a dispute arises between the parties which cannot be settled amicably, the Customer may initiate conciliation panel proceedings, in accordance as indicated in 5.2.
The Customer may report and validate his / her warranty claims through the contact details indicated in point 1.
5. Possibilities for enforcing Customer’s rights
Hungarian law shall govern this Agreement.
In accordance with the provisions of the Act CLV of 1997 on consumer protection, any consumer dispute between the Service Provider and the Customer will not be settled during negotiations with the Service Provider, the Customer who qualifies as a consumer may apply to the conciliation board competent according to his / her place of residence or stay and may initiate the proceedings of the board, or he / she may also apply to the conciliation board competent according to the registered seat of the Service Provider.
Conciliation board competent to the seat of Service Provider:
|Name:||Bekes County Conciliation Board|
|Address:||Penza ltp. 5. 5600 Békéscsaba, Hungary|
|Telephone number:||+36 66 324 976; +36 66 446 354; +36 66 451 775|
|Fax number:||+36 66 324 976|
Service Provider uses the conciliation panel procedure and cooperate in the settlement of a consumer dispute. If the Customer wishes to conduct and settle a consumer dispute online, he / she may do so through the following online dispute resolution platform: http://ec.europa.eu/odr.
The Customer (if Consumer) may contact the territorially competent district office in connection with a consumer complaint.
More information is available at the following link: http://jarasinfo.gov.hu/.
The list of Conciliation Boards in Hungary can be found here.
Service Provider and the Consumers may settle any disputes between them amicably or, if this is not possible, the disputes shall be submitted to the General Court of Gyula for resolution, provided that it is not in conflict with Act CXXX of 2016 on the Code of Civil Procedure with the stipulation of jurisdiction regarding the lawsuit filed by the company against the consumer for the enforcement of a claim arising from a contractual relationship.
The Service Provider reserves the right to update the provisions of the General Terms & Conditions of use of this Webshop or to modify them from time to time to reflect the manner and conditions of operation of the Webshop or changes in the legal environment. In such cases, a modified version of the GTC will appear on the Webshop. The content of the GTC should be monitored from time to time on the Webshop. The Customer may protest to the GTC after their publication on the Webshop.
5.1. Place, time and method of complaint handling
The Customer may make consumer complaints related to the product or the activity of the Service Provider through the contact details indicated in point 1.
The Service Provider shall, if possible, remedy the verbal complaint immediately. If it is not possible to remedy the verbal complaint immediately, due to the nature of the complaint, or if the Customer does not agree with the handling of the complaint, the Service Provider shall record the complaint which he shall keep for five years, together with his substantive reply to the complaint.
The Service Provider is obliged to provide a copy of the minutes to the Customer on the spot in case of a verbal complaint communicated in person (at the business premises) or, if this is not possible, to act in accordance with the rules for a written complaint detailed below:
In the event of an oral complaint communicated by telephone or other electronic communication service, the Service Provider shall send a copy of the minutes to the Customer at the latest at the same time as the substantive reply.
In all other cases, the Service Provider shall act in accordance with the rules applicable to written complaints.
The Service Provider provides a unique identification to a complaint recorded by telephone or other means of communication, which simplifies the retrieval of the complaint in the future.
The Service Provider will respond to the complaint received in writing within 14 days. The measure means sending by post within the meaning of this contract.
If the complaint is rejected, the Service Provider shall inform the Customer of the reason for the rejection.
6. OTHER PROVISIONS
6.1.1. The Customer may use the Webshop only at his own risk and accepts that the Service Provider shall not be liable for pecuniary and non-pecuniary damages arising from the use in addition to liability for breach of contract caused intentionally or to the detriment of human life, physical integrity or health.
Service Provider excludes all liability for the conduct of users of the Webshop. Customer must ensure that the use of the Webshop does not infringe the rights or laws of third parties, either directly or indirectly. Customer is fully and exclusively responsible for his / her own conduct, in such case the Service Provider fully cooperates with the acting authorities in order to detect violations.
6.1.2. The Service Provider is entitled, but not obliged, to check the content that made available by the Customers during the use of the Webshop, and the Service Provider is entitled, but not obliged, to look for signs of illegal activity with regard to the published content.
6.1.3. The pages of the Webshop may contain connection points (links) that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.
6.1.4. Due to the global nature of the Internet, Customer agrees to comply with the provisions of applicable national law when using the Webshop. If any activity related to the use of the Webshop is not permitted under the law of the Customer's state, the Customer shall be solely responsible for the use of the Webshop.
6.1.5. If the Customer notices objectionable content on the Webshop, he / she is obliged to notify the Service Provider immediately. If the Service Provider finds the signal to be justified in the course of its bona fide proceedings, it is entitled to delete the information immediately or modify it.
6.1.6. Criticisms and other related opinions, reviews written on the Webshop, about the products always reflect the position of the Customers, the Service Provider is not responsible for their content. However, the Service Provider reserves the right to cancel opinions, reviews that violate public taste, business interests or the law without notice.
6.2. Limitation of liability
In the case of slightly negligent breaches of obligation the vendor’s liability and the liability of the sub-contractors shall be limited to the foreseeable, contract-typical, immediate average damage with regard to the type of product. This shall also apply in cases of minor infringements of obligations by the vendor's legal representatives or agents. Contractually legal positions are those which the contract is obliged to grant to the signatory in order to his whole purpose. The vendor shall also be liable for any infringement of these obligations which enable the realisation of the contract according to the rules in the first place and on whose observance the user regularly trusts.
6.3.1. The Webshop as a whole, its graphic elements, text and technical solutions, and the elements of the Service are protected by copyright or other intellectual property rights (including, in particular, trademark protection). Service Provider is the copyright holder or its authorized Customer for all content displayed on the Webshop and in the provision of services available through the Webshop: any copyrighted work or other intellectual creation (including, but not limited to, all graphics and other materials, layout and editing of the Webshop interface, software and other solutions used, idea, implementation).
The content or parts of the Webshop may be saved or printed on physical or other data carriers for private use or with the prior written consent of the Service Provider. Use beyond private use - such as storage in a database, transmission, publication or downloading, placing on the market - is only possible with the prior written permission of the Service Provider.
6.3.2. In addition to the rights expressly set forth in these GTC, the registration, use of the Webshop or any provision of the GTC does not grant the Customer the right to use or utilize any of the trade names or trademarks on the Webshop. Apart from the display, temporary reproduction and private copying involved in the proper use of the Webshop, these intellectual works may not be used or exploited in any other form without the prior written permission of the Service Provider.
6.3.3. The Service Provider reserves all rights to all elements of its service, in particular the domain name of www.balcano.eu, the subdomains belonging to it, all other domain names occupied by the Service Provider, its sub-pages and the Internet advertising surfaces. All activities aimed at listing, organizing, archiving, hacking, decrypting the source code of the Service Provider's database are prohibited, unless the Service Provider grants special permission to do so.
6.3.4. It is prohibited to modify, copy, place new data or overwrite existing data in the Service Provider's database by bypassing the interface or search engines provided by the Service Provider without using a separate agreement or using the service provided for this purpose.
6.3.5. By using the Service, the Customer agrees that the Service Provider may use the data uploaded by the Customer during the use of the Service within the framework of the relevant Data Protection Information at any time and anywhere, without restrictions and without paying a separate fee.
6.3.6. If Service Provider grants a Customer a right to use the Content or any part thereof in accordance with a separate agreement between them with the content specified therein, and to which the Customer has access, or the Customer gains access as a result of this Agreement, such right of use only to the content specified in the agreement; or content, valid only for the period of its or their availability on the Webshop or for the period specified in the agreement, in accordance with the specified conditions.
7. UNILATERAL MODIFICATION OF THE GENERAL TERMS & CONDITIONS
The Service Provider is entitled to unilaterally modify these General Terms & Conditions in addition to informing the Customers in advance on the Webshop. The modified provisions shall become effective against the Customer upon the first use of the Webshop after the entry into force, and shall apply to orders placed after the modificaton. The modification to the GTC is not retroactive.
8. RETENTION OF OWNERSHIP
Until the full payment of the purchase price, the product remains the property of the Service Provider. If, for any reason, the product nevertheless becomes the property of the Customer before the full payment of the purchase price, he / she is liable to the Service Provider for all damages for which no one can be obliged to compensate.
9. SPECIAL PROVISIONS FOR ONLINE SALES
9.1. Any Customer may access the Webshop. Service Provider reserves the right to restrict the Customer's right and access to place an order and / or the choice and use of a payment method if the Customer's activities on the Webshop may endanger the smooth operation of the Webshop and / or may cause damage to Service Provider. In this case, the Customer may contact the customer service of Service Provider for information on the reasons for the restriction(s).
9.2. The Customer may contact the Service Provider (distributor of the product) at the contact details indicated in the "Company Information" menu. The Service Provider is responsible for the accuracy and correctness of the information provided by him for the purpose of contact.
9.3. Service Provider reserves the right to introduce the use of a "captcha" type code for Users / Customers visiting the Webshop in order to protect the content and all information of the Webshop if he considers that from a particular Internet network the traffic on the Webshop is higher than average.
9.4. The content indicated on the Webshop, especially the information used to describe the products, does not mean that the Service Provider is bound by the offer, they are specifically for the purpose of presentation, the images on the Webshop are only illustrations. Any Content sent to the Customer by any means of communication (electronic, telephone, etc.) or obtained by the Customer by access, visit and / or browsing does not constitute Service Provider, or the contractual obligation of the employee / agent or the binding nature of the offer in respect of this content.
9.5. The Service Provider may entrust the provision of services related to the execution of the Order to a third party with prior and / or simultaneous information of the Customer. This is not subject to the consent of the Customer. However, in such cases the Service Provider is also responsible for the fulfillment of his obligations arising from the contract concluded with the Customer.
10.1. Any information provided by the Customer to the Service Provider shall be treated confidentially by the Service Provider, and may only be shared with third parties in accordance with the provisions of these GTC.
10.2. The Customer shall not make any public statement regarding the order / contract to third parties without the prior written consent of the Service Provider.
10.3. By providing information and data on the Webshop, the Customer grants the Service Provider unrestricted and irrevocable access to them, as well as the right to use, copy, modify, transmit and distribute such information or data. However, the Customer agrees that the Service Provider is free to use the ideas, concepts, know-how or techniques described through the Webshop. In case of violation of the above system of rules, the Service Provider is entitled to delete the pictures and video of the Customer in part or in full.
10.4. Any complaints or objections related to the evaluations and Customer opinions may be reported to the Service Provider at any of the contact details set out in these GTC. Service Provider reserves the right to delete the objected Customer review and to suspend the right of the affected Customer to upload the Customer review.
11. FORCE MAJEURE
11.1. This term means any cause, case, circumstance that is unforeseeable and cannot be controlled, and/or affecting the Service Provider but independent reason of it, the occurrence of which makes it impossible for the Service Provider the fulfillment of the obligations undertaken in these GTC.
11.2. Neither Party shall be liable for non-performance of its contractual obligations if it is caused in part or in full by Force Majeure.
11.3. If the Force Majeure does not terminate within 15 (fifteen) days of its occurrence, either party may, with the simultaneous notice of the other party, terminate the contract without the other party being able to claim damages.
Last update: 10. January 2022