TERMS AND CONDITIONS
Last Updated: 25 November 2019
This document will not be filed, is concluded only in electronic form, is not a written contract, is written in Hungarian, and does not refer to a code of conduct. If you have questions about the operation of our webshop, ordering and shipping process you could contact us our mail address (see below).
This Terms and Conditions is a contractual relationship extended on the webpage and sub-domains of the Provider (beoutofcontrol.com). It is permanently available on the webpage: http://beoutofcontrol.com
- Provider Information:
1.1. Data controller
Name: Be Out Of Control Kft.
Head office: 30 Korong street, Budapest, 1145, Hungary
Mailing address: 30 Korong street, Budapest, 1145, Hungary
Phone number: +36 20 449 55 38
Web page: https://www.beoutofcontrol.com
TAX number: 14519707-1-42
Competent authorities: NTCA East-Budapest Tax and Custom Administration (NAV Kelet-budapesti Adó- és Vámigazgatósága)
Registration number: 01 09 907533
Contract Language: English
Account number: 10701348-71639455-51100005
BIC/SWIFT code: CIBHHUHB
1.2. Hosting Service Provider
Name: Tárhelypark Kft.
Mailing address: 24 Gaál József Street, Budapest, 1122, Hungary
Phone number +36 1 700 4140
- General terms
2.1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you, the Consumer, the User), and Be Out Of Contol Ltd, located at 30 Korong street, Budapest 1145, Hungary (we, us, the Provider), concerning your access to and use of the Be Out Of Control Ltd. (firstname.lastname@example.org) website as well as any related applications (the Site).
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hungary.
The Site provides the following products: – Button-downed Shirts – Pins – Socks – Cool stuff. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
2.2. This Terms and Conditions came into effect on 25th of November, 2019. It remains effective until the notification of withdrawal. Provider is authorized to change the Terms and Conditions unilaterally. Users of the page accept automatically all the regulation about the usage of the webpage.
2.3. If the User enters the webpage or webshop or reads its content in any way – even without registration – it regards all the regulation within Terms and Conditions as binding on itself. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue using it immediately.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. It is prohibited to download, store electronically, process or sell any data or content displayed on the Site without the written consent of the Provider.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
- Products and services available for purchase
3.1. The products displayed in the webshop are available exclusively online. The prices are shown in HUF or EUR, do not include VAT as Provider is tax-exempt, and do not contain the shipping fee. Additional packing cost is not charged, it is already included in the price.
3.2 We provide detailed information of the product: name, description, photos are displayed. We intend to present the products according to reality, however they may differ from the actual product, thus they are used only for purposes of illustration. We are not liable for any difference between the photos displayed in the webshop and the appearance of the actual product.
3.3 The offers will be clearly shown and marked, showing the previous price and the new price properly.
- How to order
4.1. The Consumer can place an order without registration on the webpage.
4.2. The Consumer adds the item to the Cart by clicking on the icon “Add to Cart/Kosárba teszem/ Cart” icon.
4.3. The consumer cannot set the number of items in the Cart that opens up. The consumer can check the content of the cart by clicking on the “cart icon” in the upper right corner, then clicking on the “Cart/Kosár” icon where the quantity can be set as well.
4.4. In the case the Customer wants to add or remove another item from the cart, she/he can set it by clicking on the arrows or typing the quantity. You can delete the content of the Cart by clicking on “x”. After finalizing the quantity, he content of the Cart is automatically refreshed. If you do not want to add any other item and you checked the quantity, you can click on “Fizetés/Checkout”.
4.5. The Customer selects the delivery address and the payment method.
4.5.1. Available payment methods:
- Bank Transfer
- Credit Card via PayPal
4.5.2. Delivery cost:
Delivery cost is calculated according to the information displayed on the webpage’s Shipping section. See: https://beoutofcontrol.com/shipping-unboxing/
4.6. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice. In this case we immediately provide the consumer with the information. Subsequently the consumer can confirm her/his order or any side has the opportunity to apply the right of withdrawal.
4.7. The total amount to be paid based on the order summary and the confirmation e-mail includes all costs. The Customer receives the invoice and the handout on right of withdrawal electronically.
4.8. After providing contact details the customer can send its order by clicking on “Place order / Rendelés elküldése”. Before the final order the Customer can check the provided data one more time, and can send additional information with the order, or can send an e-mail with any additional notice regarding the order.
4.9. Correcting data input errors: before finalizing the order the Customer can step back to the previous phase every in every case, where she/he can correct the data entries.
4.10. After placing the order the Customer receives a confirmation e-mail. If the Customer do not receives it within 24 hours, the Customer is exempted from its contractual obligations. The order and the confirmation of order are considered as received when it is accessible. Provider excludes its liability of order confirmation when the Customer gave a wrong e-mail address or cannot receive message because of her/his e-mail box is full.
- Processing and fulfilling the order
5.1. Processing of orders happens in working hours (8-17h). It is possible to place orders outside the periods laid down. If the order is placed after working hours it will be processed the next day. The customer service of the Provider confirms electronically the expected date of fulfillment.
5.2. The general date of fulfillment of order is 21 days after the confirmation of the order. If the parties have not agreed on a specific delivery date, the trader should deliver the goods as soon as possible, but in any event not later than 30 days from the day of the conclusion of the contract.
5.4. Provider does not take responsibility if technical notes and descriptions change without a prior notice because of the responsibility of a supplier or for reasons beyond his control. Provider preserves the right to partially or fully reject to fulfill an order. In case of partial rejection the Provider must contact the Customer and come to an agreement regarding the order every case.
- Right of withdrawal
6.1. Based on EU and Hungarian law the Customer has the right of withdrawal without giving any reason 14 days after receiving the item purchased online.
6.2. The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods. The consumer should be required to send back the goods not later than 14 days after having informed the trader about his decision to withdraw from the contract. The right of withdrawal is extended to 30 days after the order when this period is longer than 14 days from receiving the item, or in the case when the exact date of reception cannot be identified reliably.
6.3. The Customer has to bear the direct cost of returning the goods.
6.4. In the case of exercising the right of withdrawal, Customer should only bear the cost of returning and nothing else. Provider can claim the compensation of material damage in case of anomalous and improper use of the item or for the use and amortization.
In order to establish the nature, characteristics and functioning of the goods, the consumer should only handle and inspect them in the same manner as he would be allowed to do in a shop. For example, the Consumer should only try on a garment and should not be allowed to wear it. Consequently, the consumer should handle and inspect the goods with due care during the withdrawal period.
6.5. The consumer does not have the right of withdrawal in case of non-prefabricated items and goods that are made to the consumer’s specifications or clearly personalized.
6.6. The consumer does not have the right of withdrawal in contracts with the following content:
- services if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader;
- the supply of goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of goods which according to their nature inextricably compound with other products;
- f. contracts on urgent repairs or maintenance where the consumer has specifically requested a visit from the trader for the purpose of carrying out these services;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- the supply of digital content (e.g. software download) which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
- other cases, e.g. items with floating price, contracts made in public auction, accommodation, transport, catering, leisure activity in specific cases.
6.7. If the Consumer withdraws from the contract, the trader should reimburse all payments received from the Consumer, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which the Provider is informed about the Customer’s decision to withdraw from this contract.
6.8. The Provider carries out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless they have expressly agreed otherwise. In any event, the Customer will not incur any fees as a result of such reimbursement. The Provider may withhold reimbursement until it has received the goods back or the Customer have supplied evidence of having sent back the goods, whichever is the earliest.
6.9 The Customer shall send back the goods or hand them over to the postal address of the Provider without undue delay and in any event not later than 14 days from the day on which the Customer communicates the withdrawal from this contract to the Provider.
6.10. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.
6.11. The Customer will have to exclusively bear the direct cost of returning the goods.
6.12. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.13. The Provider may withhold reimbursement until it has received the goods back or the Customer have supplied evidence of having sent back the goods, whichever is the earliest.
6.14. If the Customer wants to exercise its right of withdrawal, he/she can communicate it in a written form in any contact address of the Provider. If the Customer communicates by post, the relevant date is the date of dispatch evidenced by the postmark. The Provider only accepts registered post or package as means of communicate the withdrawal. The Provider only accepts registered post or package, or courier service to receive the item purchased by the Customer.
6.15. The Customer should pay special attention to the intended use, because reimbursement for the damage arising from misuse is on the Consumer.
6.16. Hungarian legal regulation regarding contracts between consumer and an enterprise is available here: https://net.jogtar.hu/jogszabaly?docid=a1400045.kor
6.17. Directive 2011/83/EU of the European Parliament and of the Council on consumer rights is available: https://eur-lex.europa.eu/legal-content/HU/TXT/?uri=celex:32011L0083
6.18. The Consumer can contact the Provider in any contact address detailed above in the Terms and Conditions.
6.19. Traders and enterprises – a person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession – are not entitled to right of withdrawal.
- Liability, guarantee
7.1. Liability for material defects
7.1.1. In what cases the Customer can enforce the liability for material defect?
In case of defective execution of the Provider, the Customer has a right to pursue a claim according to the Hungarian Civil Code and enforce the liability for material defect.
7.1.2. What kind of rights do the Customer holds based on liability for material defect?
Customer can enforce liability for material defect in the following cases, according to its choice: claim for repair of replacement, except when the claim of choice is impossible or if its costs are unreasonable. If repair or replacement was not or could not be claimed, price will be reduced proportionately, or the Customer or a third person (by the request of the Customer) will fix it on the cost of the Provider, or as a last resort Customer can withdraw from the contract. Customer can later turn to the enforcement of another kind of liability detailed above; however the costs of alteration will be imposed on the Customer, except when it is justifiable or the Provider gives a reason.
7.1.3. What are the deadlines to enforce the liability for material defect?
The Customer is obliged to report the defect immediately but not later than two months after discovering the defect. At the same time, the liability for material defect cannot be enforced beyond two years after the performance of the contract.
7.1.4. Against whom the Customer enforces liability for material defect?
The Customer enforces liability for material defect against the Provider (enterprise).
7.1.5. What are the additional conditions to enforce the liability for material defects?
Within six months of the performance of the contract there are no other conditions for the enforcement of liability than reporting the defect, if Customer proves that the product or service was provided by the enterprise operating the webshop. Six month after the performance of the contract the Customer must prove that the defect existed already at the date of the performance of the contract.
7.2. Product liability
7.2.1. In what cases the Customer can enforce the product liability?
In case of the defect of movable property (products) the Customer can claim liability for material defect or product liability.
7.2.2. What kind of rights do the Customer holds based on product liability?
Based on product liability the Customer can exclusively claim the repair or replacement of the defective product.
7.2.3. In what cases the product is considered defective?
The product is considered defective when it does not provide the quality which a person is entitled to expect, taking all the circumstances into account, including the presentation of the product, the use to which it could reasonably be expected that it would be put and the time when the product was put into circulation.
7.2.4. What are the deadlines to enforce product liability?
The Customer can enforce product liability within two years after the release by the manufacturer. When this deadline has expired the Customer cannot enforce product liability.
7.2.5. Against whom and under what conditions the Customer enforces product liability?
Product liability claims can be enforced against the manufacturer or the distributor exclusively. In case of product liability the Customer must prove the defect of the product.
7.2.6. In what cases the manufacturer (distributor) shall be freed from product liability?
The manufacturer (distributor) is freed from product liability solely when it can prove:
- That the product was not manufactured or released on market on a commercial basis; or
- that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered; or
- that the defect of the product stems from legislation or mandatory regulatory requirements.
It is sufficient for the manufacturer (distributor) to prove only one of the reasons detailed above.
Product liability and liability for material defect cannot be enforced simultaneously. In case of successful enforcement of product liability, the liability for material defect can be enforced against the manufacturer concerning the replaced products and repaired parts.
7.3. Commercial guarantee
7.3.1. In what cases the Customer can enforce guarantee?
In case of defective performance the enterprise operating the webshop is obliged to provide guarantee based on Hungarian Government Decree 151/2003. (IX. 22.) on mandatory guarantees on durable goods.
7.1.2. What are the deadlines and rights in the context of guarantee?
The duration of guarantee is one year. The guarantee period starts with the day of handing out the product to the Customer or commissioning it by the distributor or its agent.
7.1.3. In what cases the Provider shall be freed from guarantee?
The Provider is freed to act as a guarantor if it proves that the defection arose after performance of the contract. Liability for product defect and guarantee cannot be enforced simultaneously; otherwise the Customer holds the rights of guarantee regardless of rights detailed in the chapters of Liability for material defect and Product liability.
7.1.4. Provider does not hold guarantee or liability for damages rooted in wear and tear, erroneous or careless handling, excessive use, exposures to effects other than specified, or misuse after passing of risk.
- Handling of the remedies
8.1. The contract between the Customer and the Provider cannot derogate from the will of the Terms and Conditions to the detriment of the Customer.
8.2. The Customer’s responsibility is to prove the performance of the contract (invoice or receipt).
8.3. The Provider must record minutes regarding the remedies, liabilities or guarantees reported to it.
8.4. The duplicate of the minutes must be provided to the Customer without delay, in a justified manner.
8.5. If the Provider cannot declare whether it will complete the guarantee or liability claim or not immediately when reported, it must notify the Customer within 5 days. The report has to contain the reasons of the refusal (in case of refusal) and opportunity to turn to the Conciliation Board in a justifiable way. Contact information of the Conciliation Board: http://www.fogyasztovedelem.kormany.hu/node/8579
8.6. The Provider must preserve the minutes for 3 years from its record and present it to the authorities at the request.
8.7. The Provider shall endeavor to ensure the repair and replacement within 15 days at most.
- Miscellaneous provisions
9.1. The Provider is entitled to use a private partner to fulfill its obligations. The Provider holds responsibility for unlawful conduct of a partner as for its own unlawful conduct.
9.2. If any part of this Terms and Conditions shall be void, wrongful or unenforceable, it will not affect the validity, legality and enforceability of the remaining parts.
9.3. If the Provider does not enforce the rights it is entitled by this Terms and Conditions, the failure to enforcing the right do not mean resigning its rights. Any resignation of rights is valid in a written notice concerning it. If the Provider once does not insist on an essential condition of the Terms and Conditions, it does not mean that it resigns the opportunity to insist on it later.
9.4. In case of any dispute arises in connection with the contract the parties will attempt to settle it in good faith.
- Complaint handling
10.1. Our webshop’s goal is to fulfill each order in appropriate quality, with the full satisfaction of the Customer. In the case when the Customer has a complaint regarding the contract or its fulfillment, complaints can be filed via e-mail or postal letter.
10.2. Provider will examine the oral complaints immediately and the complaint is lodged as required. If the Customer does not agree to the handling of the complaint, the Provider immediately shall prepare written minutes and handles the duplicate to the Customer.
10.3. Your written complaint is answered within 30 days. In case of rejecting the complaints must be reasoned. The duplicate of the answer shall be kept for 3 years, and be presented to controlling authorities at the request.
10.4. You can lodge a complaint to Hungarian consumer protection authorities: https://fogyasztovedelem.kormany.hu/#/fogyasztovedelmi_hatosag
Webpage of the European Union regarding settlement of disputes: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU
10.5. This Terms and Conditions have been prepared in Hungarian and English. In case of any discrepancies between the Hungarian and the English language versions, the Hungarian version shall prevail.