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Effective: 15/02/2016

 

PREAMBLE

www.store.hypeandhyper.com (hereinafter: Portal) of Filtz Europe Limited Liability Company (headquarters: H-1027 Budapest, Kapás utca 41. III. em. 16.; Company registration number: 01-09-185701, Tax number: 24848444-2-41; hereinafter referred to as: Service Provider), which operates within the framework of Shopify (www.shopify.com). The Service Provider operates a Webshop on the Portal, in which the Customer may purchase creative products and other products offered by the Service Provider or subscribe to Newsletter.

These Terms and Conditions (hereinafter: GTC) determine the terms and conditions of the use of the Portal and the WebStore, purchase in the Webshop, order and the legal relationship between the Service Provider and the Customer.

GENERAL DATA

Address of the Webshop: www. store.hypeandhyper.com

Data of the operator of the Webshop (the Service Provider):

Company name: Filtz Europe Limited Liability Company

Seat: H-1027 Budapest, Kapás utca 41. III. em. 16.

Postal address: H-1027 Budapest, Kapás utca 41. III. em. 16.

Postal address of place of business: H-1027 Budapest, Kapás utca 41. III. em. 16.

Company registration number: 01-09-185701

Register: Commercial Court of the Metropolitan Regional Court

TAX number: 24848444-2-41

E-mail:hello@hypeandhyper.com

Phone number: +36 30 938 0092

 

Customer Service:

Postal address: H-1027 Budapest, Kapás utca 41. III. em. 16.

Phone number: +36 30 938 0092
E-mail: hello@hypeandhyper.com

 

Authority keeping the register of commercial activities:

Budapest Capital II. District Mayor's Office Administration Department
Commercial registration number:
9833/2/2020

 

CONCEPTS

Portal

the website and webshop operated by the Service Provider under the URL www. store.hypeandhyper.com, through which the Service Provider sells the Products.

Provider

Filtz Europe Limited Liability Company, which operates the Portal and provides services in the webshop.

Customer

means the natural person, legal person, other entity without legal personality who uses the functions of the Portal or purchases the Products sold through the Site. The concept of a buyer includes the concept of a consumer.

Consumer

a consumer within the meaning of Section 8: 1, Clause 3 of the Civil Code, who is a natural person acting outside the scope of his profession, self-employment or business activity.

Product

goods offered for purchase by the Service Provider on the Portal, which Customers may purchase. The Service Provider is entitled to freely define and modify the scope of the Products at any time, acting within its own decision-making power, to terminate the distribution and sale of certain goods, to introduce new goods, to unilaterally modify existing goods, any properties, including the price.

Newsletter

the free service provided by the Service Provider, which can be ordered through the Portal, within the framework of which the Service Provider sends to its contributing Customers an electronic direct marketing and advertising message to the Customer's e-mail address provided on the Customer Portal.

GBC

the Terms and Conditions of Service Provider for the Service Provider Portal published on the Portal.

Courier service

the third party contracted with the Service Provider who delivers the Products ordered on the Portal by the Customer to the Shipping address given by the Customer on behalf of the Service Provider.

Acceptance Point

the third party contracted with the Service Provider at the address of which the Customer may personally receive the purchased Product.

Address

The permanent address in the Buyer's address card of the natural person; in the case of a non-natural person, the registered office with the registration authority.

Delivery address

the address given by the Buyer for which the Customer requests the delivery of the Products purchased on the Portal. Home Address and Shipping Address may differ.

Invoice address

the address for which the Customer requests the issue of the invoice. The Billing Address may differ from Home Address and Shipping Address.

Name

the full name indicated in the Customer's identity card.

Username

the name provided by the Customer on the Portal, necessary for registration, purchase and subscribing to the Newsletter in the Webshop. Username and Name may differ.

Password

the unique password provided by the Customer on the Portal for registration and purchase in the WebStore.

E-mail address

the valid and existing customer's own real email address provided by the Customer for registration on the Portal and for the newsletter subscription.

 

SCOPE OF THE GTC

The scope of these GTC covers all electronic commerce services that are carried out through the electronic Webshop on the Portal. Furthermore, the scope of these GTC applies to all commercial transactions concluded between the Service Provider and the Customer as defined in this contract. The rules of Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (“Elkertv.”) apply to purchases in the Webshop.

Purchase in the Webshop is possible by means of an order placed electronically, as specified in these GTC.

 

ACCEPTANCE OF THE GTC, FEATURES OF THE RESULTING CONTRACT

By visiting the Portal, unregistered visitors and Customers accept the GTC and the Data Management Information as binding on them.

During the Registration in accordance with these GTC and by clicking on the final step of registration, the Customers agree to be bound by the present GTC and the Data Management Notice.

Buyer acknowledges that he is entitled to use the Portal only if he has accepted to be bound by the GTC.

For the services offered on the Portal, an online contract is concluded between the Customer and the Service Provider, which does not constitute a written contract.

The language of the conclusion of the contract is Hungarian only.

The online contract is not fixed by the Service Provider, so it is not available after the conclusion of the contract. The online contract is confirmed by the electronically saved advertising data and the data relating to the Services used, and in case of ordering or purchasing a Product, the confirmation sent from the order.

There is no fee for the use of the device enabling distance communication used for the conclusion of the contract.

 

THE RANGE OF SERVICES AVAILABLE ON THE PORTAL

The Service Provider sells creative or other Products defined by the Service Provider in the WebStore operated on the Portal and enables Newsletter subscription. The Service Provider is unilaterally entitled to change, expand or reduce the services, content, functions, Products available on the Website, and to introduce new services, content, functions and Products. The Service Provider informs the Consumers about the availability of new services, functions, content and Products on the Portal, among other things.

All Customers may use the Portal only at their own risk and risk.

The Portal browser works independently with all regular and widespread operating systems and can be displayed on mobile devices (mobile phones, tablets).

 

REGISTRATION

Purchase in the Webshop is not subject to registration, however, it is possible to purchase through registration.

Subscribing to send Newsletter and viewing the contents of the Portal and the WebStore without purchase is not required for registration.

The Customer can register by clicking on the Register button on the main page of the Portal. The Customer is obliged to provide the following data during registration:

Name

E-mail address

Phone number

Delivery address

Invoice address

Username

Password

An E-mail address and Password can only be entered once, so registration will fail if you register with an existing email address or password.

The User Name provided at registration should not contain a phone number, email address, URL, obscene, or offensive terms. If the Customer provides such a User Name at the time of registration, the Service Provider shall be entitled to restrict the Service or cancel the Customer's registration.

Each Customer can register on the Portal once. The Customer's registration is linked to the Customer's identity, not to the other data provided at the time of registration. The Service Provider will delete those Customer Registrations that refer to multiple registrations (e.g. they show the same name, place of business), even if the respective accounts were activated separately from an email address and a telephone number.

During the Registration, the Buyers are obliged to provide their data in accordance with the reality and their valid identity card and address card, in the case of a legal entity Customer, and to notify the Service Provider immediately, but not later than within 15 days, of any changes in their data. The Customer undertakes to update the personal data provided during registration as necessary in order to ensure that they are timely, complete and true.

No natural person is entitled to act (represent) on behalf of the Customer only on behalf of the organization on the basis of law, public register or power of attorney is entitled to register on the Portal and use any services there.

The Service Provider excludes liability for damages arising from the provision of incorrect, incorrect or false data or e-mail address provided during registration, but at the same time it may demand compensation from the Customer for damages arising in connection with this. The Buyer has the opportunity to verify and modify his data at any time. The Service Provider has the right to delete the manifestly incorrect or false data, furthermore, in case of doubt, the Customer is entitled to verify the authenticity of the Customer.

The Service Provider reserves the right to refuse the Customer's registration, in particular in case of the provision of incorrect or incomplete data or any misuse of the given data during registration.

If the Service Provider becomes aware that the Customer provides the personal data of another person or non-existent person in a manner that violates the rights of a third party or otherwise the law when using the Portal, or during registration, or false, not real the Service Provider is entitled to terminate the contract with the Customer with immediate effect and cancel the Customer's registration.

The personal data provided during registration is not public and not accessible to third parties. In case of loss or forgetting of Password, the Customer can use the Request new password function to request a new password by entering his registered email address. The Service Provider sends the new Password to the registered email address. The password generated in this way is a temporary password, the Customer is obliged to change it at the first time of entering the Webshop. The Service Provider shall exclude liability for any damages arising from the failure to change the password.

Buyer acknowledges that if he has not reached the age of 18, his registration on the Portal and the conclusion of the contract in accordance with these GBC requires the consent of his legal representative. The Service Provider shall not be liable for damages and adverse legal consequences arising from the lack of this legal consent.

The Service Provider reserves the right to refuse re-registration from the IP address of the Customer affected by the refusal to provide services as specified in this clause, or to cancel the already established re-registration without prior notice with immediate effect, towards him refuses to provide services in the future.

Buyer shall be fully responsible for any activity in connection with or through the e-mail address and password associated with the registration of the Portal. The Customer undertakes to notify the Service Provider's customer service immediately in case of any unauthorized use of his data or other breaches of security. Service Provider shall not be liable for any damages arising from the storage of the Password or the transfer of the User Name and Password to third parties.

Buyer can register at any time during the visit of the Portal. If the operation of the Portal on a computing device and mobile device requires downloading and installing other programs, utilities and applications, the Customer shall ensure that they are downloaded and installed.

The Customer is not entitled to cancel his/her registration from the Portal itself. In the event of such intent, the Customer shall notify the Service Provider's request for cancellation at the ___ e-mail address, and the Service Provider shall ensure the deletion of the Customer's registration (profile) within 15 days, except for data relating to previous orders. Buyer acknowledges that in case of registration or deletion of his/her profile, all data and orders recorded on the Portal will be permanently deleted in a non-recoverable manner.

If the registration is accepted by the system, the Customer will receive a message to the e-mail address given by the Customer, in which the Service Provider will inform you about the successful registration and how to activate the registration. Activation of registration is possible by clicking on the link indicated in the e-mail message within the period specified in the email. If the registration is not activated within this period, the Service Provider will cancel the established registration.

If, for some reason, the email confirming the registration does not arrive at the Customer within 48 hours of registration, please contact the Service Provider by phone or e-mail, contact the Customer Service, or the Service Provider is entitled to contact us in connection with this. the Customer through the contact details provided at the time of registration.

Upon activation of the registration, the Customer may enter the Site by entering the User Name and Password provided.

 

PROVISIONS RELATING TO PURCHASES

Purchase process, Product selection

The Customer can place an order and purchase a Product by placing the Product in the shopping cart without registration in the WebStore, in the case of a registered Customer after entering the Webshop by placing the Product in the basket.

If the Customer is not registered, the Customer is obliged to provide the following data during the purchase:

Name

E-mail address

Phone number

Delivery address

Invoice address

The responsibility for the authenticity and correctness of the data provided by the Customer lies solely with the Buyer, and the Service Provider excludes its liability in connection with this. Buyer acknowledges that if he has not reached the age of 18, the consent of his legal representative is required for the purchase on the Portal and the conclusion of the contract in accordance with these GBC. The Service Provider shall not be liable for damages and adverse legal consequences arising from the lack of this legal consent.

The essential properties, characteristics, instructions for the use of the goods can be found on the information page of the specific Product.

If you have any questions about the Product prior to purchase, our Customer Service is happy to assist you. The instructions for use of the Product that we sell, where required by law, are attached to the Product. If you do not accidentally receive the mandatory instructions for use with the Product, please contact our Customer Care immediately before using the Product, and we will replace it. If you need more information about the quality, basic properties, use and usability of any Products in the WebShop, please contact our Customer Service, whose details and contact details can be found in these Terms and Conditions.

The purchase price is always the amount shown next to the selected Product, which, if not specifically indicated, is already included in the value added tax. The purchase price of the Products does not include the delivery cost, it is payable in addition to the purchase price of the Product. No special packaging costs will be charged.

The price of the products is indicated in Hungarian Forint (HUF).

The Service Provider reserves the right to unilaterally change the prices of Products that can be ordered from the Webshop, provided that the modification will take effect simultaneously with the appearance in the WebStore. The modification does not affect the purchase price of already ordered Products. We will not be able to refund money in the event of a decrease in prices after the order has been sent.

If, despite all the diligence of the Service Provider, an incorrect price is indicated in the WebShop, especially with regard to the obviously erroneous, e.g. significantly different from the commonly known, generally accepted or estimated price of the product, which may appear due to a system error, then The Service Provider is not obliged to deliver the product at an incorrect price, but may offer delivery at the correct price, in the knowledge of which the Customer may withdraw from its intention to purchase.

The order is accepted through the Service Provider's Webshop and only if the Customer completes all the fields required for the order. (If the Customer completes a field incorrectly or incorrectly, he will receive an error message from the Service Provider.) The Service Provider shall not be liable for any delay in delivery or other problems or errors due to the order data provided by the Buyer incorrectly and/or inaccurately.

You can place an order in the WebStore by clicking on the selected product and then using the Cart. The Buyer may place the selected Products into his cart using the “To cart” or “Add to cart” button on the Product Details page, which appears after clicking each Product. You can view and modify the contents of the Cart after clicking on the basket icon in the WebStore, where you can specify the desired quantity of each product or delete the contents of the Cart (“Empty Cart”). If the Customer has finalized the contents of the Shopping Cart, he / she must log in to the Web Store in the case of the registered Customer by clicking on the text "Go to the collection methods" in the case of an unregistered Customer, you can place your order by entering the data specified in point VIII.2 above. After that, you will be able to choose from the reception methods. If you have entered all the necessary details and selected the receipt method, you can choose how you want to settle the total amount of your order by clicking on the “Go to payment methods” button. If you have chosen one of the payment methods, you can click on the “Continue to verify your data” button on a summary page to check your order details before placing your order, change your billing and shipping address, select payment and delivery method, and make a comment you can add to your order.

The Service Provider expressly draws the Buyer's attention to the fact that the goods in the basket are accessible to others, and the intention to purchase becomes effective only after pressing the “Order” button. If the same Product is ordered simultaneously by two different Buyers, the Customer is entitled to purchase the Product whose order was received by the Service Provider earlier. Abandoned baskets are automatically emptied by the Service Provider's system at regular intervals.

The order is posted and the offer is sent after clicking on “Submit order”. Therefore, the order is placed by clicking on the “Submit Order” button, which gives the Customer an obligation to pay.

 

Amendment and withdrawal of the order

At any stage of the order and until the order is sent to the Service Provider, the Buyer may at any time correct data entry errors, modify and cancel the order in the order interface (e.g. deleting the product from the basket in the “Delete” ).

After submitting the order, the Customer is able to request the modification of the order by e-mail or telephone number sent to the Service Provider's Customer Service, which the Service Provider will perform at its discretion. The Service Provider is not obliged to perform such modifications, and in case of refusal to comply with the modification, the Customer shall not make any claim against the Service Provider, the Customer shall be obliged to pay and take over the delivered Product in this case, however, he may exercise his right of withdrawal at and in accordance with the provisions of these GBC. The modification of the order may be requested until the Service Provider has delivered the ordered Product to the Courier Service for delivery or delivery point.

 

Tender constraints, confirmation

The Service Provider confirms the receipt of the order sent by the Customer without delay, by means of an automatic confirmation email, which contains the data provided by the Customer during the purchase or registration (e.g. billing and shipping information), the order ID, the order date, the list of items belonging to the ordered Product, the quantity, the price of the Product, the shipping cost and the total amount to be paid. This confirmation email merely informs the Customer that the order has been received by the Service Provider.

This confirmation e-mail from the Service Provider constitutes acceptance of the offer made by the Customer, whereby a valid contract is established between the Service Provider and the Customer.

The Customer shall be exempted from the obligation to offer if he does not receive from the Service Provider the confirmation email concerning his sent order without delay, but not later than 48 hours.

If the Customer has already sent his order to the Service Provider and notices an error with regard to the data contained in the confirmation email, it must indicate it to the Service Provider within 1 day or the signal may be made when the Service Provider contacting him by phone, order to avoid fulfillment.

The order is considered to be an electronically concluded contract, for which Act V of 2013 on the Civil Code, Electronic Commerce Services, and Act CVIII of 2001 on Certain Issues in Information Society Services. the provisions of the law shall apply. The contract is covered by Government Decree 45/2014 (II 26) on the detailed rules of consumer-business contracts and takes into account the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.

 

Terms of delivery and payment

The receipt of the ordered Products is possible in person at the Acceptance Point, from the FOXPOST parcel vending machine or via the Courier Service used by the Service Provider with home delivery.

Acceptance point: Contact cafe (address: H-1052 Budapest, Károly körút 22., Röser yard, opening hours: H-P 08.00-18.00, Sat 08.00-16.00, on the other hand, delivery in the following period: H-P 08.00-18.00, weekend personal receipt is not possible)

In case of personal receipt of the ordered Products at the above Receipt Point, no delivery fee will be charged.

The customer can find information about the current shipping fee in the cart. Before sending the order to the Service Provider, the basket also writes the gross amount of the shipping fee as a separate item.

If several orders are received from a Buyer on the same day, they are taken into account separately for the delivery fee. If the Customer indicates at the time of submitting the second order and this is still possible based on the Service Provider's feedback, the Service Provider may merge the orders, but the subsequent consolidation of the packages already delivered to the Courier Service is no longer possible.

Transport fee in Hungary: 1.500, - HUF/package including VAT.

Shipping fee for shipping abroad: HUF 4.500, - gross, including VAT amount.

Fee for receipt of the product from the FOXPOST parcel machine: 980, -HUF/package including VAT.

The Service Provider reserves the right to unilaterally change the delivery fee (including personal receipt from the parcel vending machine or at the Receipt point), with the amendment being effective at the same time as it appears on the Webshop and Portal. The modification does not affect the purchase price of products already ordered.

Service Provider delivers to the territory of Hungary and to foreign countries in Austria, the Czech Republic, Croatia, Poland, Germany, Romania, Slovakia and Slovenia.

The Service Provider shall inform the Customer of the delivery deadlines during the respective ordering process by e-mail. If the delivery time specified therein cannot be complied with, the Service Provider shall inform the Customer about this by e-mail. In the case of a foreign delivery address, if delivery would involve a disproportionate burden or risk to the Service Provider or its agent, the Service Provider is entitled to withdraw from the performance of the contract and to the Customer the purchase price or cost that may have already been paid in full repay it.

After the order has been confirmed, it is possible to receive the ordered Product in the manner indicated during the placing of the order.

Upon receipt of the order by the Service Provider, the Service Provider checks the fulfilment of the order. If, for any reason, the ordered Product cannot be delivered to the Buyer within the delivery deadline in accordance with these GBC, the Service Provider will contact the Customer via e-mail.

The Customer can directly coordinate the delivery date and intraday time with the Courier Service in accordance with the Courier Service's own terms and conditions.

Courier service:

Company name: GLS General Logistics Systems Hungary Csomag-Logisztikai Kft.

Registered seat: H-2351 Alsónémedi, GLS Európa u. 2.

Orders will be stored at the Receipt Point 7 (weeks) working days, after the expiry of the seventh working day they will be returned to the storage place of the Service Provider. The Service Provider shall deliver the product not taken over after the seventh working day to the Acceptance Point again (at most once again) if the Customer requests this by e-mail. Service Provider reserves the right to pay all costs related to the subsequent delivery of the unreceived products, i.e. in connection with the return delivery/delivery point or delivery by any other means, or the storage of the product not taken over in due time Validate against the Buyer.

If the Customer chooses delivery by courier during the placing of the order, he is obliged to provide a delivery address where a person is located between 9 and 16 hours on working days (Monday-Friday) who is entitled to receive the package.  The billing address does not have to be the same as the shipping address. The electronic invoice for the purchase will be sent to the email address registered during the purchase. If upon arrival of the courier there is no one to pick up the purchased goods, the courier company will attempt the delivery once again, if this fails, return the shipment to the Service Provider. If necessary, the courier will contact the Customer at the telephone number specified at the time of placing the order.

The Consumer may pay the consideration of the Products ordered in the WebShop only by means of online payment (via credit card payment, SimplePay or PayPal), and no cash on delivery (cash) payment is possible.

After payment of the consideration for the product, the Service Provider issues an electronic invoice which is automatically sent to the Customer's e-mail address.

 

INFORMATION ON THE CONSUMER'S RIGHT OF WITHDRAWAL, WITHDRAWAL, COSTS OF RETURN TO THE CONSUMER

Right of withdrawal

The Buyer, who is a consumer according to law, pursuant to Government Decree 45/2014 (II 26) on the detailed rules of contracts between consumers and businesses (hereinafter: Government Decree), has the right to withdraw and terminate the Products ordered through the Portal within 14 days without justification in accordance with Section 20 of the Government Decree.

With regard to the right of withdrawal and termination, the Purchaser referred to in this section shall be understood only by the Consumer as defined in the law.

Time limit for the right of withdrawal and cancellation:

the Product,

when supplying multiple Products, the last delivered Product,

the date of receipt by the Buyer or by a third party other than the carrier designated by the Buyer.

The Consumer may also exercise the above right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.

The Customer shall not have the right of withdrawal in the case of a non-prefabricated Product which has been produced at the Customer's instructions or at his express request, or in the case of a Product that is clearly tailored to the Purchaser's identity, and in respect of a sealed Product which: cannot be returned after opening the transfer for health or hygiene reasons.

 

The procedure and method of exercising the right of withdrawal

The Customer may exercise his/her right of withdrawal or termination either by means of a form attached to the present GBC in accordance with Annex 2 of the Government Decree, or by means of a clear statement, which the Service Provider is obliged to send to the postal address specified in the present GBC or to hello@hypeandhyper.com e-mail address. The exercise of the right of withdrawal or termination shall take place within the time limit if the Customer sends it within the time limit set out in the previous paragraph. The Buyer shall be responsible for proving that he has exercised his right of withdrawal or termination in accordance with this paragraph and within the time limit.

At the time of postal signalling, the Service Provider takes into account the date of postal delivery, and in case of notification via e-mail, the time of sending the e-mail from the point of view of the deadline calculation. The Customer is obliged to post his letter by registered mail in order to provide credible proof of the date of dispatch.

In case of exercising the Buyer's right of withdrawal under this point, the Service Provider shall refund all remuneration performed by the Customer without delay, but at the latest within 14 days from the receipt of the declaration by the Service Provider, including in connection with the performance costs incurred as well.

The refund is done in such a way that the Service Provider reimburses the Buyer the consideration for the purchase within 14 days of receipt of the returned Product by bank transfer, for which the Customer is obliged to use the bank account number in his declaration of the exercise of the right of withdrawal, to which request a refund, indicate. If the Customer does not have a bank account number or does not indicate it, the Service Provider will contact the Customer by telephone or e-mail about the reconciliation of the method of refund, in such cases within 14 days of receipt of the returned Product by the Service Provider will be made within the refund.

The Customer shall not be charged any additional charge due to the refund.

The Service Provider may withhold the refund until he has received the ordered Product from the Buyer, or the Customer has not credibly verified that the Product has been returned to the Service Provider; the earlier of the two shall be taken into account.

In the event of the consumer's withdrawal or termination, the Service Provider must return the ordered and already received Product to the address indicated in these GBC within 14 days at the latest. The deadline shall be deemed to be met if the Customer sends the Product (post it or hand it over to the courier ordered by it) before the expiry of the 14-day deadline.

The costs of returning or returning shall be borne by the consumer. The Service Provider is not in a position to receive the parcel returned on delivery. In addition to the cost of returning the product, the Customer shall not bear any other costs in connection with the withdrawal.

If the consumer returns the Product damaged, he is obliged to reimburse the retail purchase price of the Product to the Service Provider. The Service Provider may demand the reimbursement of the depreciation and reasonable costs arising from use exceeding that required to determine the nature, properties and functioning of the Product.

 

DEFECTIVE PERFORMANCE

Supplies warranty

In case of incorrect performance of the Service Provider, the Customer may enforce a warranty claim against the Service Provider in accordance with the rules of Act V of 2013 on the Civil Code.

The Service Provider performs incorrectly if the service does not meet the quality requirements laid down in the contract or legislation at the time of performance. The Service Provider does not perform erroneously if the claimant knew the error at the time of the conclusion of the contract or had to know the error at the time of the conclusion of the contract.

In the case of a contract between the Buyer and the Service Provider, it must be presumed that within six months after the performance, the defect recognized by the consumer was already present at the time of performance, unless such presumption is incompatible with the nature of the thing or the nature of the defect.

On the basis of a contract in which the parties owe reciprocal services, the Service Provider owes warranty for defective performance.

On the basis of its warranty claim, the Customer may request repair or replacement at the choice of the Customer, unless the fulfilment of the claim chosen by the Customer is impossible or would entail a disproportionate additional cost for the Service Provider compared to the fulfilment of his other claim. If the repair or replacement has not been requested or could not have requested, he may request a proportional reduction of the consideration or the defect may be corrected by the consumer at the expense of the Service Provider, or may, as a last resort, withdraw from the contract. There is no place for withdrawal due to insignificant errors.

The Customer may switch from the selected warranty right to another. The Service Provider is obliged to pay the costs caused by the transition, unless the Service Provider has given the reason for the transition, or the transition was otherwise justified.

The Customer is obliged to notify the Service Provider without delay after the detection of the defect. In the case of a contract between the Consumer and the Service Provider, the error communicated within two months of the discovery of the defect shall be deemed to be communicated without delay. The consumer shall be liable for damages resulting from delays in communication. In the case of a contract between the Consumer and the Service Provider, the Consumer's warranty claim shall lapse within two years from the date of performance.

In the case of a contract concluded with a Buyer that is not a consumer, the holder may enforce his warranty claims within a limitation period of 1 year from the date of receipt.

 

Product Warranty

In the event of a defect in the Product, the Consumer may, at his choice, enforce a warranty right or a product warranty claim.

As a product warranty claim, the consumer may only request the repair or replacement of the defective Product.

The Product shall 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 possess the characteristics given by the manufacturer.

The Consumer may enforce its product warranty claim within two years from the date on which the Product is placed on the market by the manufacturer. After that period, it shall forfeit that entitlement.

The Consumer may only exercise his product warranty claim against the manufacturer or distributor of movable property. The Consumer must prove the defect of the product if the product warranty claim is enforced.

A manufacturer (distributor) shall only be exempted from product warranty obligations if he can demonstrate that:

the product has not been manufactured or placed on the market in the course of its business, or

the defect was not recognisable by the state of science and technology at the time of placing on the market, or

the defect of the product is due to the application of legislation or mandatory regulatory requirements.

It is sufficient for the manufacturer (distributor) to prove one reason for exemption.

Due to the same defect, the warranty and product warranty claim cannot be enforced simultaneously and simultaneously. However, in case of effective enforcement of product warranty claim, the warranty claim for the replaced Product or repaired part may be enforceable against the manufacturer.

 

Guarantee

The Service Provider makes no warranty.

 

COMPLAINTS HANDLING AND SETTLEMENT OF DISPUTES

Complaints about the Portal can be filed to the Service Provider in writing, including complaints sent by mail, e-mail (e-mail), as well as verbally and with personal notification at the following contact details of the Service Provider:

Address of filing a written complaint:

Service Provider's registered office: H-1027 Budapest, Kapás utca 41. III. em. 16.

Service provider's postal address: H-1027 Budapest, Kapás utca 41. III. em. 16.

Service provider's e-mail address: hello@hypeandhyper.com

Method of filing an oral complaint: by phone at +36 30 938 0092 every working day between 9:00 and 13:00.

If an oral complaint is submitted, a record of the complaint shall be drawn up, the complaint shall be examined and, if necessary, rectified immediately, otherwise within 30 days the complaining Customer must be investigated and written about the outcome of the investigation. to inform you.

In case of submitting a written complaint, the Service Provider will investigate the complaint within 30 days, and within this time limit the Service Provider will also send a substantive response to the complaining Customer in writing. If the Service Provider rejects the complaint, it shall state the reasons for it.

If the Consumer detects a breach of his consumer rights, he is entitled to lodge a complaint with the consumer protection authority competent at the place of residence or at the location of the Service Provider's seat. After consideration of the complaint, the authority decides on the conduct of the consumer protection procedure.

Consumer protection authority competent at the location of the Service Provider:

 

Government Office of the Capital Budapest

Department of Technical, Licensing and Consumer Protection, Department of Consumer Protection

Address: H-1052 Budapest, Városház u. 7.

Postal address: H-1364 Budapest, Pf.: 144.

Phone: +36-1 450-2598

E-mail:peter.kubovics@cooltix.hu

 

Customer service (Railpoint):

Budapest, Városház u. 7.

For the purposes of an out-of-court peaceful settlement of consumer disputes relating to the quality, safety of products and the application of product liability rules and the conclusion and performance of the contract, the Consumer may initiate proceedings based on their place of residence or residence a competent conciliation body or a conciliation body operating next to the competent professional chamber of the Service Provider's seat. For the purposes of the rules applicable to the Conciliation Board, a non-governmental organisation, a church, a condominium, a housing cooperative, a micro, small and medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, uses, or commercial communications relating to goods, offer to be addressed.

 

Contact details of the Budapest Conciliation Board:

H-1016 Budapest, Krisztina krt. 99 III. em. 310

Correspondence address: H-1253 Budapest, Pf.: 10.

E-mail:bekelteto.testulet@bkik.hu

Fax: 06 (1) 488 21 86

Phone: 06 (1) 488 21 31

 

In the case of cross-border consumer disputes relating to online sales contracts, consumers can resolve cross-border disputes related to online shopping electronically by means of an electronic complaint lodged via the online platform available at the following link:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

 

All you have to do is register on the online platform available on the above link, complete an application and send it electronically to the Conciliation Board via the platform. Thus, consumers can easily enforce their rights despite distances.

In Hungary, the Budapest Conciliation Board (BBT) is entitled to act in disputes between cross-border consumers and traders relating to online sales or service contracts.

If the Customer considers any of the Service Provider's statements to be unsatisfactory, in addition to possible judicial enforcement, the Customer may turn to the following forums:

Competition Authority

H-1054 Budapest, Alkotmány u. 5.
Mailing address: H-1245 Budapest 5. Pf.1036
Phone: (1) 472-8900; Fax: (1) 472-8905
(in case of consumer deception)


Office of the National Media and Communications Authority

H-1133 Budapest, Visegrádi u. 106.
Postal address: H-1376 Budapest, Pf.: 997.
Phone: 36 1 468 0500, Fax: 36 1468 0680
e-mail address:
info@nmhh.hu

 

OWNERSHIP, COPYRIGHTS, TRADEMARKS

The Portal, with its applications, software, documentation, source and object codes, graphic, text and other materials, including the Hypeandhyper name, logo, is a copyright work protected by Act LXXVI of 1999 on Copyright, on which the Service Provider possesses with exclusive ownership and copyright rights.

Any use of the Site and any content appearing thereon and authorising any use of it is prohibited without the Service Provider's permission.

The Portal and all patents, copyright, model rights, trade secrets, know-how and other intellectual property rights attached to the Portal shall be the exclusive property and rights of the Service Provider and shall remain the exclusive property and right of the Service Provider, regardless of the Whether these have been separately recognised or registered under the laws of the country where the portal is located.

The Customer shall not carry out any measure or conduct that violates or threatens the intellectual property rights or other rights of the Service Provider, or by which he acquires rights in relation to the Portal.

The Service Provider is the property of the Service Provider and shall be the exclusive authority of the Service Provider to any reproduction, translation, modification, conversion, decryption, hacking of its source code and any product derived from the Portal, as well as newer software, system version or result, including any improvements or improvements to the Portal.

The Customer undertakes not to remove any information and rights management data on confidentiality, trademark and intellectual property rights from the Portal.

The Hypeandhyper name and logo appearing on the Portal shall not be authorized to use the Service Provider. These designations may not be used, distributed or published by third parties without the express and prior written consent of the Service Provider.

The Customer is not entitled to use the Portal or its contents in any way.

 

LIMITATION OF LIABILITY

The Service Provider provides the Portal to the Customers “in its given state”, “with all its defects” and “in its viewed form”, and the full risk associated with the proper quality, performance, accuracy and performance is borne by the Buyer.

The Customer is obliged to provide the necessary hardware and software environment for the use of the Portal.

The Service Provider excludes liability for any consequences arising from the reasons that do not belong to the activities of the Service Provider within the scope of this contract. The Service Provider is not liable for the manner in which and for what purpose the Customer or third party uses the Portal — in particular, he is not liable for the Customer or third party's activities during the use of the Portal in accordance with the applicable laws and other contracts are exercised in accordance with the provisions provided for.

The Buyer is obliged to inform the Service Provider immediately if it detects a defect, as well as any circumstances related to it. The Customer undertakes to cooperate closely with the Service Provider in the course of determining the fault and troubleshooting the fault, in accordance with the Service Provider's instructions. Váásrló is obliged to provide the Service Provider with all the information requested by the Service Provider during the error report.

The Customer is obliged to regularly save the programs and data files on the device using the Portal and to ensure that they are retained. The Service Provider shall not be liable for the failure of other software products or data files stored on the Customer's devices using the Portal, and therefore Buyer is obliged to take special care in the course of its activities concerning the repositories.

The Portal operates only in a legal and viral-free environment. The Service Provider excludes liability for the consequences and failures arising from unauthorized access, improper use, hardware failure or improper operating environment (including power outages). The purchase on the Portal presupposes the knowledge of the technical and technical limitations of the Internet on the part of the Customer and the acceptance of the possible errors associated with the technology.

The Service Provider is not liable to the Customer or any third party for any damages arising from the databases linked to the Portal by Buyer, databases created on the Portal by Buyer, data entered into the Portal by Buyer, and therefore only the Customer is liable.

The Service Provider shall not be liable for the correctness of the data and information contained on the Portal and for any damages arising from the use of this data and information by the Customer or any other third party.

Service Provider is not responsible for any content in connection with the Portal, including but not limited to infringing, inaccurate, obscene, indecent, threatening, hurtful, defamatory, offensive or illegal content, and is not responsible for the conduct, transmission or data of any third party.

The Service Provider is not responsible for any viruses or other restrictive functions affecting access to and use of the Portal, incompatibility of the Portal with other websites, services, software and hardware, any delay or error caused by the Customer initiating data transmission or transaction in an appropriate and timely manner. , during or after completion, or for any damage or expense arising out of or in any way connected with the use of the services provided by third parties through the links.

The Service Provider shall not be liable in case of force majeure, in particular natural disasters, political events, delays or refusal of authorisations or official measures outside the scope of the Service Provider, strikes, public utilities, failure to cause telecommunications, communication services, etc., and where the performance is impossible as a result of force majeure. The same provision shall also apply if the events of force majeure are related to the performance of the Service Provider and its subcontractors, contributors and performance assistants.

If the Customer is liable under these GBC for damages for which the Service Provider is liable in accordance with these GBC, then the Customer is entitled to enforce his claim against the Service Provider up to 500,000 HUF, i.e. five hundred thousand HUF. The Service Provider shall be liable only for the damages constituting its liability for which the Customer's claim — if the law does not provide for a shorter limitation period or enforcement period — 6 (six) months from the date of the occurrence of the damage or the acquisition of knowledge of it. has notified the Service Provider in writing. The provision in this section does not apply to damage caused intentionally.

Furthermore, Service Provider shall not be liable for any damages or consequences arising from the Customer's User Name or Password required to access the Services of the Portal has been stolen, stolen or otherwise unlawfully obtained, or by the Customer He lost it.

The Customer expressly waives — within the scope permitted by law — to impose any damages or other claims against the Chief Officer of the Service Provider in connection with the present contract, except for damage caused intentionally by the senior officer. The Chief Officer of the Service Provider may directly rely on this limitation of liability.

 

MAINTENANCE OF THE PORTAL

The Service Provider maintains and updates the Portal within its own decision-making powers, at intervals, manner, content and frequency determined by the Service Provider.

 

CHANGE THE GBC

The Service Provider is entitled to unilaterally modify these GBC at its own discretion and discretion. In particular, but not limited to, the reasons for the amendment may be:

material change in the circumstances of the Service Provider;

a substantial change in technology;

change of legislation;

reason related to the operation, economic interests, technical or technical possibilities, management and circumstances affecting the service of the Service Provider.

The Service Provider is obliged to publish the GBC and the GBC consolidated by modification in a clearly visible position on the Portal, on the opening page of the Portal and directly accessible from it, in a manner that can be stored, displayed and printed free of charge. The GBC amendment enters into force on the 8th day after publication and the GBC amendment applies to all contracts concluded and concluded before the entry into force of the GBC amendment.

The Service Provider shall notify the Buyers electronically by informing the Customer about the modification of the GBC and the content of the modified GBC in a pop-up window when the Customer enters the Portal after the modification. The Customer accepts the amendment of the GBC by clicking on it before entering.

If the Customer does not object in writing to the Service Provider within 8 days of the publication or notification (whichever is later), it shall be considered as an indicative behaviour whereby the Consumer expressly accepted the GBC amendment.

If the Customer expressly objects to the amendment of the GBC and does not expressly accept it, the Customer is entitled to terminate his contract with Service Provider in writing with 15 days of notice.

 

TERMINATION AND ELIMINATION OF THE CONTRACT

The Service Provider is entitled to terminate its contract with Buyer under these GBC with 15 days notice in writing without giving reasons.

Buyer is entitled to terminate his contract with Service Provider under these GBC with 15 days notice in writing without giving reasons.

Service Provider is entitled to terminate the contract with Customer with immediate effect in writing if the Customer seriously violates the provisions of these GBC.

Parties are entitled to terminate the contract under these GBC at any time by mutual consent in writing.

The parties shall conclude the contract in accordance with these GBC for an indefinite period.

If the Customer causes damage to the Service Provider in breach of the contract in accordance with these GBC, the Customer is obliged to reimburse it in full. The obligation to compensation extends to adherent damages, consequential damages, liability damages, loss of profits made by the Service Provider and costs incurred by the Service Provider to eliminate the damage on the Service Provider's side. Any damage caused by the Buyer shall be considered as foreseeable damage at the time of the conclusion of the contract and the damage, which the Customer expressly acknowledges and accepts by accepting the GBC.

 

FINAL PROVISIONS

If any provision of these GBC is invalid or becomes invalid, this provision shall not affect the other provisions of the Agreement.

These Terms and Conditions are governed by the laws of Hungary and Hungarian law, and the Hungarian authorities and courts have jurisdiction to deal with the resulting disputes.

These Terms and Conditions are an inseparable annex to the contract concluded between the Service Provider and the Customer. By accepting the GBC, the Customer expressly declares and acknowledges that he has read the provisions of the present GBC, acknowledged them and acknowledges them as binding on himself.

The Parties shall communicate their notices to each other in writing with regard to these GBC. Personal surrender, delivery by courier, delivery by postal mail and delivery by electronic mail shall be deemed to be written if the e-mail is received from the indicated e-mail address of the Parties and its receipt is confirmed by the addressee.

Unless proven otherwise, the notification shall be deemed to have been delivered to the other Party and read by the other Party at the following dates:

in the case of delivery by courier, 5 days from the date of dispatch of the consignment;

7 days from the date of dispatch in the case of delivery by air mail;

in the case of sending by electronic mail, by 24:00 p.m. on the second working day following the date on which the message was sent.

Budapest, 1, February 2020.

 

Appendix Nr. 1:


Sample Statement of Withdrawal / Termination

(Please fill in and return only if you wish to withdraw from the contract/terminate).

Consignee Filtz Europe Korlátolt Felelősségű Társaság
Registered seat: H-1027 Budapest, Kapás utca 41. III. 16.

e-mail: hello@hypeandhyper.com

I, the undersigned declare/declare that we are exercising/exercising my right of cancellation/cancellation in respect of the contract for the sale of goods or for the provision of the following services:

Date of conclusion of contract /date of receipt:

Order number:

Name of consumer(s):
Address of the consumer(s):

Signature of the consumer(s): (only in case of a declaration made on paper)

magyar