General Terms And Conditions

 

 

 

 

1. Data

 

Operator of Website (hereinafter the “Operator”): 

Olivery Kft.

Email: info@olivery.net

Telephone number: +36 20 9703 127 (M-F: 09-17) 

Address: 2040 Budaörs Boglárka u. 1.

Company registration number: 13-09-187303

Activity registration No.: 4401, 792

Facility registration number: 205040

Tax number: 25953273-2-13

Bank account number: 12026001-01600411-00100000

International bank account number (IBAN): HU28-12026001-01600411-00100000

Swift code: UBRTHUHB

Bank: Raiffeisen Bank: Zrt. - 1054 Budapest, Akadémia utca 6. 

 

Licensing authority: 

Budaörs Local government

Address: 2040 Budaörs, Szabadság út 134.

Email: polgarmester@budaors.hu

 

Supervised by: 

Pest County Government Office, Érd Precinct Office

Food Safety, Plant and Soil Protection Department

Address: 2030 Érd, Budai út 7/b

Email: erd-elbizt@pest.gov.hu

 

Conciliation panel: 

Pest County Conciliation Panel

Address: 1119 Budapest, Etele út 59-61. 2/240

Mailing address: 1364 Bp. Pf. 81

Email: pmbekelteto@pmkik.hu

 

Competent courts: 

Budaörs District Court

Address: 2040 Budaörs Koszorú u. 2.

Email: birosag@budaors.birosag.hu

 

Budapest Environs Regional Court

1146 Budapest, Hungária krt. 179-187.

Mailing address: 1590 Budapest Pf. 225/3

Email: birosag@budaors.birosag.hu

 

 

2. General Terms And Conditions

 

The contract between the parties will not be filed and will be concluded exclusively in electronic form, it does not qualify as a written contract and is written in Hungarian. In the case of any questions relating to the operation of the website, the order and delivery process, users of the website (hereinafter “Users”) should contact the Operator at the above contract details.

 

The parties shall endeavour to settle any legal dispute through the channels provided by the Operator and will only turn to court after exhausting such channels.

 

Basic provisions:

 

Issues not regulated by these General Terms and Conditions and these General Terms and Conditions shall be governed by Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services and Government Decree No 45/2014 (II.26.) on the Detailed Rules of Contracts Concluded Between Consumers and Undertakings. The mandatory provisions of the applicable laws will govern the parties without any specific provision herein.

These General Terms and Conditions are valid from 1 October 2017 and shall remain in force until revoked. The Operator shall be entitled to unilaterally amend the General Terms and Conditions. The Operator shall publish on its website all amendments 11 (eleven) days prior to their entry into force. 

By using the website, Users accept that all regulations related to the General Terms and Conditions shall automatically be valid and applicable to them.

Where the user shops on the website operated by the Operator, the User acknowledges the contents of these General Terms and Conditions as binding upon it. 

The Operator reserves the right in respect of the website and any details of, and the contents appearing on the website. Without the written consent of the Operator it is prohibited to download, store electronically, process or sell any of the contents appearing on the website or any part thereof.

 

By shopping on the website the user represents that it has read and accepts these General Terms and Conditions and consents to the data processing.

While shopping on the website the user shall provide his or her own, true data.

Where the user provides untrue data or data that can be linked to another person while shopping on the website, the electronic contract concluded will be deemed as null and void. The Operator excludes all liability where the User uses the Operator’s services in the name of another or with the data of another person.

The Operator shall not be held liable in any way for any delays in delivery or other problems or errors caused by incorrect and/or inaccurate data provided by the User.

The Operator provides in detail the name and description of the product and displays a photo of the products on the website and performs orders placed accurately for all purposes in accordance with the terms undertaken.

 

 

 

3. The order process:

 

• The customer places the selected (displayed) product in the shopping cart after specifying the number of products intended to be purchased.

• By clicking on the “View shopping cart” button, the User gets to the detailed shopping cart where, after double checking the order (this is where the user can delete the contents of the shopping cart item by item and can also attach a message to the order), the user clicks on the payment button and on the next page the user must provide his or her name, delivery address, email address and telephone number, then selects the mode of delivery, then, after clicking on the “Continue” button the user must give his or her bank card data and billing address.

• By clicking on the “Continue” button, the Customer can once again check the data of the order and then place the order by clicking on the “send order” button.

 

Orders with a total gross shipping weight exceeding 10 kgs can be placed on the website, by e-mail or telephone as well. The Operator shall provide an individual quote (terms of payment and delivery) for orders placed by e-mail or telephone.

 

 

4. Modes of payment:

 

Cash on delivery: Where the product ordered is delivered by courier and the gross shipping weight does not exceed 10 kgs, the Customer may pay the price of the order to the courier in cash, upon receipt of the good(s) ordered.

 

Payment by bank card: payment of the price of the products ordered upon placement of the order online, by bank card. Performance (delivery/handover of the product) will be completed upon receipt of the price of the goods on the Operator’s bank account.

Payment by PayPal: payment of the price of the products ordered upon placement of the order online, through the PayPal system. Performance (delivery/handover of the product) will be completed upon receipt of the price of the goods on the Operator’s bank account.

 

Payment by wire transfer: payment of the price of the products ordered upon placement of the order online, by wire transfer. Performance (delivery/handover of the product) will be completed upon receipt of the price of the goods on the Operator’s bank account.

 

Cash Payment: Possible only upon pickup of goods at the Operator’s premises and only if the Customer makes a prior arrangement.

 

 

6. Delivery:

 

By GLS courier, 2-4 business days. Packages will be delivered on workdays between 8 am and 5 pm.

 

Delivery charges:

Delivery of up to 10 kg gross total weight, with bank card payment: HUF 960

Delivery of up to 10 kg gross total weight, with wire transfer payment: HUF 1,190

Delivery of up to 10 kg gross total weight, cash on delivery payment: HUF 1,590

Delivery exceeding 10 kg gross total weight, payment by bank card or transfer: HUF 1,990

All prices do not inclusive of VAT.

 

Invoice will be included in delivered package. The total amount payable based on the summary of the order and the confirmation letter includes all costs. The Customer shall inspect the package upon delivery in the presence of the courier and request that a protocol be taken if she or he detects any damage on the products or the packaging. The Customer shall not be obligated to take delivery of the package if damaged. The Operator does not accept subsequent complaints without a protocol. 

 

 

7. Personal pickup: 

 

Personal pickup is possible at the Operator’s premises, upon prior arrangement with cash payment. 

 

 

8. Rectification of data entry errors: 

 

Prior to closing the order process the User can return to the previous step in each case to correct any incorrectly entered data. The User will receive an e-mail confirmation of the order within 24 hours of placement thereof. 

 

 

9. Processing of orders and completion of sale:

 

The Operator shall confirm the order electronically and indicate when it can fulfil the order.

Based on the sales contract the Operator is obligated to transfer title to the thing, whereas the User is obligated to pay the purchase price and take delivery of the thing.

Where the seller is an undertaking and the purchaser is a consumer, and the seller agrees to deliver the thing to the purchaser, the risk of damage shall transfer to the purchaser when the purchaser or the third party designated by the purchaser takes possession of the thing.

 

In the case of any delay by the Operator the User is entitled to set a deadline for subsequent performance. Where the Operator fails to meet the deadline for subsequent performance, the User is entitled to withdraw from the contract.

Where the Operator fails to meet its obligations undertaken in contract because the product specified in the contract is not available, it shall notify the User thereof in writing and reimburse any amounts paid by the User without undue delay, but in any event not later than thirty days.

 

The Operator reserves the right to refuse confirmed orders either in whole or in part. Partial performance is only possible after consultation and agreement with the User.

 

 

10. Right of withdrawal

 

Pursuant to the regulations included in Directive 2011/83/EU of the European Parliament and of the Council and Government Decree No. 45/2014 (II.26) on the Detailed Rules of Contracts Concluded between Consumers and Undertakings, the Customer may withdraw from the contract within 14 days of receipt of the ordered product, without giving any reason and may return the product ordered, but only in the case of an unopened product.

The time available for exercising the right of withdrawal shall expire 14 days from the day when the Customer or the third party designated by it receives the product. The costs of returning the product shall be borne by the Customer.

The Customer shall incur no costs other than the cost of returning the product in exercising his or her right of withdrawal, however, the Operator may demand the reimbursement of property damage arising from improper use.

Pursuant to Section 29 e) of Government Decree No. 45/2014 (II.26.) on the Detailed Rules of Contracts Concluded between Consumers and Undertakings, the Customer may not exercise its right of withdrawal in respect of sealed goods which are not suitable for return due to health protection or hygiene reasons.

If the above terms are met, the Operator shall reimburse to the Customer all payments received, excluding the costs of delivery without undue delay as provided by law, but in any event not later than 14 days from the date of receipt of the product and the Customer’s decision to withdraw from the contract.

The Operator will carry out reimbursement using the same means of payment as that used for the initial transaction.

The Customer shall return the goods ordered to the Operator’s address without undue delay and in any event not later than 14 days from the date of purchase. The Customer shall bear the costs related to the return of the goods due to exercise of the right to withdrawal from the contract.

The Operator shall not be obligated to reimburse to the Customer the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Operator.

The Customer is only liable for any diminished value of the goods if such diminishing results from handling of the goods other than is appropriate in terms of the nature, characteristics and functioning of the goods.

The Operator shall withhold reimbursement until receipt of the product(s).

Where the Customer wishes to exercise the right of withdrawal, it may indicate its intention in writing at one of the Operator’s contact details.

Government Decree No. 45/2014 (II.26.) on the Detailed Rules of Contracts Concluded between Consumers and Undertakings and Directive 2011/83/EU of the European Parliament and of the Council provide guidelines.

Only Users who classify as consumers are entitled to the right of withdrawal pursuant to the Civil Code.

All Rights Reserved ©2018 

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