Password Reminder

Bestsellers

Compare

Partners

How to buy?

General Terms and Conditions (www.schwertschmiedeviktor.de)

 

Welcome to the website operated by VB Swordshop Ltd. (hereinafter referred to as Provider). These General Terms and Conditions (hereinafter Terms and Conditions) contain the conditions of using the services available on www.schwertschmiedeviktor.de website (hereinafter Homepage) by the user (hereinafter referred to as User).

 

The rules that apply to handling Users’ personal information are stated in the Privacy Policy, available to read directly from the Homepage or via the following link (Privacy Policy).

 

 

Homepage access and other technical information that are not included in the Terms and Conditions, are available on the Homepage.

 

The language of the sales agreement is Hungarian.

 

 

The sales agreement does not constitute a written agreement, they Provider will not file it, therefore it will not be available to view at a later date.

  

Provider shall not adhere to the provisions of any Code of Conduct

 

By using the Homepage, User acknowledges and agrees to the Terms and Conditions stated below

 

 

  1. Provider

 

Company Name: VB Swordshop Kft.        

Seat: 2119 Pécel, Lázár Vilmos utca 10.    

Postal address: 2119 Pécel, Lázár Vilmos utca 10.          

                                                                       

Represented by: Berbekucz Viktor János 

Registration no:13-09-164543                   

Registry Court: Companies Registry, Registry Court of Budapest Region

Tax no: 24382834-2-13                                  

EU VAT no: HU24382834

Bank name: Unicredit Bank Hungary Zrt. 

 

 

E-mail: info@berbekuczviktor.hu                        

Phone: 0036/28-454-983                               

Fax: 0036/28-454-983                                    

 

 

 

 

2. Purchising on the Homepage

2.1. Registration

 

A significant part of Homepage content is accessible to all Users without registration. But for some services, such as purchasing, the User is required to register than login, therefore valid registration is the condition of purchasing on the Homepage.

  

Users can register by clicking on the “Registration” button in the top menu bar or during the order process by filling in the registration form. The following data are required to be filled in the registration form for the Provider:

 

Under „Registration” menu

Email address

Password

 

Under „Contact Information” section

Contact name

Phone number

 

Under „Billing Address” section

-          Name

-          Billing address: city, postal code, street name and no, country

-          VAT number in case User/Customer is a business company

 

                           

On the Homepage the identicality of the billing and shipping address are checked by default in the check box. If the billing and shipping address are not identical, User can click on the check box (remove the check mark in the box) and may enter a different shipping address.

 

Provider shall inform the User in an email about the success of the registration, and User may review all the data given during the registration process.

 

User is entitled to cancel his registration at any time by a written request to info@berbekuczviktor.hu email address. After the request is received, Provider shall delete promptly all registered user data. User's profile shall be removed completely without delay from the system, however it shall not affect order related information and archived documents, deleting data in this case is not possible. After cancellation, data can not be restored.

 

 

Maintaining the security of Users’ account access data (especially the password) is the sole responsibility of the User. If the User becomes aware that his password provided during the registration process is accessed by unauthorized third parties, User must promptly change his password. In case it is assumed that a third party abusively uses the account info, the Provider must simultaneously be notified.

 

User agrees to update his personal data filled in during the registration whenever it is necessary in order to ensure that they are complete and accurate.

 

2.2. Placing order

  

After registration and account login, User may place order for the products offered for sale on the Homepage. Users may view artworks listed in certain product categories by clicking on the “Products” button at the top left side of the Homepage or may browse subcategorized items under “Categories” than place order for the selected products.

 

 

Under the same menu, by clicking on Store „Reduction Products”, User may find all the promotional products offered on the Homepage. In case of each product User can view the first and last day of the promotion or only the start date of the promotional period running until the stocks last.

 

Users have the possibility to search for specific items by writing the product name or filling in the "Quick Search” box. If a product offered for sale matches the search criteria, the system displays the results. Also, by clicking on “Advanced Search” box and besides typing in the criteria, User can specify which product category, which particular feature is looking for. As a result, the products will be listed the same way as if using simple searching. Under the search menu User may jump pages or browse the detailed description of the product.

 

 

User may get detailed information about product specifications, prices and other optional features by clicking on the name or the picture of product the User may want to order.

 

By clicking on the “Shopping Cart” icon in the descriptive interfaces, User may select the desired products and place in the basket and also specify the quantity by adding the exact number.

 

 

User may check the content of the basket (product type, quantity and value of the order) by clicking on the red "Cart" icon finding a short summary. When clicking on the "Shopping Cart" icon the User is navigated to the Cart interface.

 

 

In the "Basket" interface the User may view the details and check the list of products placed in the shopping cart, the net and gross price, ordered quantity and total value of the order at the bottom of the summarizing table.

 

 

In this interface, User may change the content of the basket at any time as it is possible to remove the selected product by clicking on the "X" button or update the quantity by adding the desired number in the “Quantity” column than click on "Modify" icon (green arrows in a circle) to update the content.

 

Users have the option of emptying completely the basket by clicking on "Empty Shopping Cart" button at the bottom of the shopping summary interface and modify the order by clicking on the "Modify" button. When clicking on the "Back" button the User is navigated to the interface with product descriptions, where User may continue browsing the Homepage.

 

 

By clicking on the "Print Proposal" button User may print the order summary or save the order by clicking on "Store cart" button.

 

 

By clicking on the “Order” button User may continue his order process on the Homepage.

 

 

In case User didn’t register or login to the system before browsing the Homepage or placing products in the “Shopping Cart”, User may decide to proceed with one of the options below:

 

In case of a registered User of the Homepage, User logins to the system by entering his account info in the „Returning Customer” field.

 

By clicking on the “Register” button in the "New Customer" field, User registers as described in point 1.3. of the Terms and Conditions.

 

By registering on the Homepage, User enjoys the benefit of fast ordering, easy tracking of the order status and possibility to subscribe to the newsletter of the Provider. In case User is registered and forgot his password, it is recommended to use the password reminder feature of the Homepage.

 

After registration and login, the Homepage navigates User to the "Shipping and Payment" interface. Users may choose on the "Shipping and Payment" interface the most convenient payment and shipping methods. If User made the choice based on the available options and found everything in order in connection with the order, User may click on the "Next" button and the Homepage navigates him to "Data Checking" interface. By clicking on the "Back" button User may return to the check the summary of the basket.

 

On "Data Checking" interface with order summary, the User has the possibility to check the order, in particular the specified data, the ordered product and its price, the choice of payment and delivery method.

 

 

Also User may send a comment or message related to the order through the control interface on the fields provided for this purpose.

 

 

In order to continue and complete the shopping, User must agree to the Terms and Conditions by marking the check box on this interface.

 

User may finalize his order by clicking on the “Purchase” button at the bottom of the page. Provider informs User about the success of his order on the next interface, where the order number is also listed.

 

 

Registered Users may track their order status by clicking on the „Profile” button under the „Track Order Status” menu at the top of the Homepage. Here User may find all his orders placed on the Homepage identified with a customized order number.

 

2.3. Termékek ára 

 

The sale price of the products displayed on the Homepage includes the value added tax (VAT) and other fiscal charges. The price of the items does not include the shipping fees. Separate packaging cost will not be charged.

 

Exception: In case of non-EU countries like USA, Norway, Australia, Switzerland which are outside of Hungarian VAT jurisdiction the sale price is net price for resident customers in these countries.

The prices of the products are listed in Hungarian Forint (HUF) and also indicated in EURO, depending on the currency choice of the User that can be made in the side menu of the Homepage.

 

 

The shipping fee will be added to the sale prices at the end of the ordering process of the selected product, depending on the User choice of shipping method.

 

2.4. Correcting data entry errors 

 

User can correct data entry errors at any stage of the order process till submitting the order to the Provider either by modifying his account info (modify user data) or on the order interface (example: delete products from the basket by clicking on the "x" button). Example of data entry errors are: incorrect quantity, wrong product placed in the cart, wrong delivery address.

 

2.5. Offer and acceptance – binding agreement

 

The offer sent by the User is confirmed without delay with an automatic confirmation email. The Provider confirms to the User the data and information provided during the registration and order process (billing and shipping information), the order number, the order date, the list of items ordered, quantity, sale price, shipping fee and the final amount to be paid.

 

 

This confirmation email sent by the Provider constitutes the acceptance of the offer made by User, which enter into a legally binding agreement between service Provider and User.

 

 

The offer of the User can be terminated on the grounds of not receiving the confirmation email of the Provider without delay within 48 hours.

 

 

If the order has already been sent to the Provider and noticed an error in the information contained in the order confirmation, the error shall be reported within one day to the Provider in order to avoid unwanted orders to be fulfilled.

 

The order constitutes an agreement concluded by electronic means, governed by Act V. of 2013 on the Civil Code and Act CVIII. of 2001 on certain issues of electronic commerce services and information society services. Directive 2011/83/EU of the European Parliament on consumer rights, as well as Government Decree 45/2014 (II.26) on detailed provisions for agreements concluded between consumer and business entity shall apply to the sales agreements concluded by Provider and User.  

 

Payment 

 

Cash Payment is possible at the seat of the Provider at the receipt of the product (pre-arrangement required via phone or email). If User prefers cash payment method at the seat of the company, User may pay the sale price of the product to the service Provider, or its designated business representative. The User shall be entitled to receive the product after the full payment. 

 

Bank wire transfer. Users will pay the price of the ordered products before shipping/receiving the items, directly to the bank account of the service Provider managed by UniCredit Bank Hungary in HUF or EUR currency. The customer receives the invoice with the order confirmation, which contains all the billing information needed for the bank transfer. In the comment section of the banking transfer form, the order number must be indicated as a reference. User shall be entitled to receive the ordered products only after the payment arrived to the bank account of the Provider.

 

COD -Cash on delivery. Only for Hungarian consumers. Cash on delivery paid directly to the GLS courier upon receiving the parcel

ONLINE PAYMENT

Would you like to pay fast, and comfortable?

Choose our safe Online Payment System!

- VISA, Verified by VISA

- MasterCard, MasterCard SecureCode

- MAESTRO

- SOFORT Transfersystem

WIRECARD CEE is the leading specialist for payment processing.

 

 

2.6. Invoicing

 

Provider prior/upon delivery of the ordered product shall issue printed invoice and send it with the parcel as an acknowledgement of the payment. 

 

The invoice for EU-member countries include all costs incurred (price of the ordered product + shipping fee). 

 

In case of non-EU countries like Switzerland, Norway, USA, Australia which are outside of Hungarian VAT jurisdiction provider issues export invoice with net prices. The export invoice shall include the net price of the ordered product + shipping fee.

Import duties and taxes (VAT, import custom tax according to laws and regulation of the destination country) shall be paid by the User/Customer upon receipt of the ordered product based on the laws and regulations of their country.

For import duty calculation, please see 2.8. Shipping Fees.

 

2.7. Shipping

 

The orders placed online through the Homepage are shipped via GLS courier or Postal Service Provider (Post Office) to the address given by User during the order process. The courier delivers the parcel from Monday to Friday between 8:00am and 5:00 pm. In case User is unavailable at the requested address between the specified hours, it is recommended to indicate a different shipping address where the User can assuredly receive the ordered products.

 

Provider supplies information about the current status of the parcel to the email address indicated in the registration process. After the parcel was picked up by the courier, Provider informs User about the tracking number of the parcel and User may track his parcel online any time.

 

 

If User is unavailable in the specified time period at the address indicated during the ordering process and receiving of the parcel is unsuccessful, the courier leaves an “attempted delivery” notice at the delivery address. Based on the data indicated on the notice, User may contact the courier and request for a new delivery date or specify a different delivery address. The courier will attempt to deliver the ordered products one more time.

 

 

The carrier makes two attempts to deliver the parcel, but in case the second one is unsuccessful – through the fault of the User – the carrier returns the parcel to the Provider, who cancels the order and may sell the product.

 

In case the parcel is shipped via Post Office, the postman makes two attempts to deliver the product. In case receiving is unsuccessful for the second time, the postman notifies User about the specific Post Office where the parcel is available to collect until X days upon proof of identity. Should the User not collect the parcel, the product is returned to the service Provider.

 

Acceptance of ordered product by the currier/person making the delivery and signing the delivery document represent a proof of receipt of the ordered product and the fact that User inspected the integrity, quantity and quality attributes of the delivered product. This means that after receipt of the product, Provider will not accept non-conformity complains related to integrity, quantity or quality. When User is signing the delivery document acknowledges that the received parcel fully corresponds with the order (the parcel content is not incomplete, no damaged packaging or product).

 

If User encounters damage on the packaging or the ordered product upon receipt of the parcel, User is required to record the damage in writing in the presence of the currier/person delivering the order. In this case User receives the product at his own risk. In the event of quality defects being discovered on the package or product upon receiving and the damage occurred before receiving, Provider is obliged to take the product back without any charge. Provider is not responsible for any damages occurred after the ordered product was received.

 

2.8.Shipping Fees

                                                                

Shipping fees with parcel service providers: depending on weight and geographic zone of the destination country!

 

Country        0-3 kg              4-10 kg                 11-15 kg

Austria          16 €                   18 €                      20 €

Belgium         17 €                   19 €                      21 €

Finland          31 €                   35 €                      40 €

France           22 €                  24 €                       26 €

Croatia          16 €                  18 €                       20 €

Luxembourg  17 €                   19 €                      21 €

Hungary      1 360 Ft            1 590 Ft                1 730 Ft

Germany        16 €                 18 €                       20 €

Italy              22 €                 24 €                       26 €

Spain            30 €                 34 €                       36 €

Sweden        31 €                 35 €                       40 €

 

 

 

Extra fee in case of choosing Cash on delivery (COD) method for Hungarina parcels: 

 

COD (Collect   on delivery/Cash on delivery)   Extra   Fee

till 10 000 HUF                                                           600 HUF

till 20 000 HUF                                                           770 HUF

till 50 000 HUF                                                         1 325 HUF

till 100 000 HUF                                                       2 080 HUF

 

  

Non EU member Countries outside of Hungarian VAT jurisdiction

Invoicing: please go to 2.7.

 

 

Switzerland (Hungarian Post Office - Standard Parcel Shipping within EU: approx. 5 working days

Useful links to import duty and tax calculators

 

http://www.ezv.admin.ch/zollinfo_privat/04363/05361/index.html?lang=de

http://www.post.ch/post-startseite/post-privatkunden/post-empfangen/post-importverzollung/post-importverzollung-preise-pk-pakete-international.htm

http://www.post.ch/post-startseite/post-privatkunden/post-empfangen/post-importverzollung.htm 

 

 

2 kg         3 kg         4 kg     5 kg        6 kg           7 kg       8   kg      9 kg        10 kg     11 kg     12   kg    13 kg    

33 Eur    37 Eur       40 Eur   44 Eur     48 Eur      52 Eur    56 Eur     58 Eur     64 Eur     66 Eur   71 Eur     77 Eur

 

 

Australia   (Lead time of International Direct Parcel Service of Hungarian Post Office:   approx. 10 working days.)

 

Import duty and tax calculator

http://www.customs.gov.au/site/page5549.asp

 

0-3 kg           4-5 kg         6-10 kg         11-15 kg

57 Eur         64 Eur         90 Eur         127 Euro

 

 

United States of America (USA): GLS Group, global parcel service   provider - reliable and fast shipping

 

Import   duty and tax calculator

http://www.dutycalculator.com/new-import-duty-and-tax-calculation/

 

0-3 kg                4-5 kg       6-10 kg             11-15 kg

68 Eur                 80 Euro     106 Euro         132 Euro

 

 

 2.9.  Delivery leadtimes  

 

Delivery leadtime of ordered products is 3-5 working days.

 

It is very important that the service Provider unless agreed otherwise – must fulfill/deliver the order without delay after contracting/agreement, but not later than 30 days to the User/consumer.

 

In the event of a shipping delay, User/Consumer is entitled to set extra lead time. If case Provider does not fulfill the order within the additional lead time, User/Consumer is entitled to cancel the agreement. The consumer is entitled to cancel the agreement without setting extra leadtime if a) Provider refused to fulfill the contract/agreement or b) the contract/agreement should have been fulfilled according to the agreement of the parties or depending the function of the product at the strictly specified completion date, and not another time.

 

2.10.Personal receiving 

 

Users may receive/collect the ordered items personally at the address of the service Provider indicated under point 1. in Pécel, Hungary. Provider notifies User via phone or email about the earliest date of receiving of the ordered product. Open hours for personal receiving on weekdays are between 9:00 am to 5:00 p.m., on Saturday from 9:00 am to 12:00 pm, based on the confirmation of the service Provider.

3. Right of Withdrawal

3.1.Terms to exercise the right of withdrawal

 

 

The provisions of this section refers to natural individuals who are acting outside their trade, business, craft or profession who purchases, orders goods, orders, receives, and recipient of commercial communication and business offers (hereinafter the "Consumer").

 

Consumer is entitled to have a period of 14 days to withdraw from a sales agreement without giving any reason. The withdrawal period shall expire after 14 days from:

 

a) in case of sales agreements, the day on which the consumer or a third party other than the consumer aquires physical possession of the goods or

b) in case of multiple goods ordered by the customer in one order and delivered separately, the day on which the consumer acquires physical possession of the last good

c) in case of delivery of good consisting of multiple lots and pieces, the day on which the customer acquires the physical possession of the last lot or piece

d) In case of multiple goods (in case of agreements for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires possession of the first good.

 

Consumers are also entitled to exercise their right of withdrawal in the period between the date of the conclusion of the agreement/contract and the date of delivery of the good.

 

In case the Consumer wants to exercise his right of withdrawal, the Consumer shall make his withdrawal statement setting out his decision to withdraw from the contract/agreement to the Provider ( via post, fax or email) to one of the addresses presented in point 1 of present Terms and Conditions. For this purpose the Consumer may use the Withdrawal Form attached to the order confirmation or by clicking on the following link (…). The Consumer have exercised his right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by the Consumer before the expiry of the withdrawal period.

 

 

The burden of proof of exercising the right of withdrawal in accordance with point 3. shall be on the Consumer.

 

 

In both cases Provider shall communicate to Consumer an acknowledgement of the receipt of withdrawal statement without delay.

 

 

In case of a written withdrawal, the deadline shall be met if the Consumer sends his withdrawal statement before the period of 14 days has expired (even on day 14.) to Provider.

 

When calculating the 14 day limit period, the Provider shall consider the date of dispatch in case withdrawal notice is sent via post or the date when the email or fax has been sent in case it is sent via email or fax. Consumer shall send his statement with registered mail, assuring a record and proof about the date of dispatch.

 

                                                                                                   

In case of withdrawal, Consumer is required to return the ordered items within 14 days without undue delay to the address of the Provider indicated in point 1, but no later than 14 days after having informed the Provider about his withdrawal decision. The deadline is considered to have been met if Consumer has sent the items (mailed to or handed over to the courier) before the expiration of 14-day time limit.

 

Consumer shall have to bear the cost of returning the goods in case of withdrawal to the address of the Provider. Parcels sent with cash on delivery service will not be received by the Provider. No other cost will be charged to the User in addition to the cost of returning of the product in connection with the withdrawal.

 

In the event Consumer withdraws from the contract, Provider without any undue delay, but no later than 14 days from the day on which he has been informed about the decision of the Customer, shall reimburse all payments received from the User/customer, including those covering the shipping fees borne by the Provider, with the exception of those extra costs that occurred because the User expressly chose a certain type of delivery method although the Provider had offered a standard lower delivery cost solution. The consumer should bear the difference in cost between these two types of delivery. Provider may withhold the reimbursement until he has received the ordered goods back or the User/Consumer hasn’t supplied evidence of having sent back the goods, whichever is the earliest.

 

 

Provider shall carry out the reimbursement using the same means of payment as Consumer/User made for the initial transaction, unless the Consumer/User has expressly agreed otherwise and provided that the Consumer/User does not incur any extra fees as a result of such reimbursement.

 

Consumer/User shall be liable for the diminished value of the goods resulting from the handling of the goods other than what it is necessary to establish the nature, characteristics and functioning of the goods.

 

 

Consumer is not entitled to exercise his right of withdrawal in case of non-prefabricated products that have been produced based on the order or explicit request of the User/Customer, or in case of customized products that have been exclusively produced for the Customer/User.

 

4. Warranty

4.1. Implied warranty

 

 

In case of defective or faulty goods or service of the Provider, User is entitled to enforce his implied warranty claim. In case of sales agreement, starting from the date of receiving the goods the User is entitled to an implied warranty within a two year limitation period, for those product defects that have already existed at the time of delivery. After the 2 year limit, User is not entitled to implied warranty protection.

 

In case of other contracts, User is entitled to an implied warranty of 1 year limitation period starting from the date of receiving the goods.

 

Users are entitled to ask for repair or replacement, except for the case when the chosen claim is impossible to fulfill or it would create disproportionate/undue expenses to the Provider compared to other warranty claims. In case User has not or could not request repair or replacement, he can claim proportionate reduction of the purchase price or may repair or have the defect repaired at the Provider’s expense, or, if no other claims are feasible, he can terminate the contract/agreement. In case of an insignificant defect, termination of the contract/agreement is not possible.

 

User may decide to exercise other legal right/remedy than his warranty right, however the additional costs of such change shall be borne by User (unless the change was reasonable or caused by Provider).

 

 

User shall communicate the defect to Provider without delay, but not later than two months from the date of discovery of the defect.

 

User can enforce his warranty claim directly against Provider.

 

Within six months from the date of agreement, there is no other condition of enforcing implied warranty claim than communicating the defect to Provider, provided that User has sufficient evidence that the product was sold by Provider (invoice or copy of invoice). In this case, Provider will only be exempt from liability, if this presumption is refuted, and proves that the product defect occurred after User received the ordered product. If Provider can prove that the root cause of the defect has been caused by User, the service Provider shall not be obliged to accept User’s warranty claim. However, after six months from the date of the agreement, User is obliged to prove that the detected defect existed at the time of purchasing.

 

 

If User files a warranty claim only for a specific part of the product, the warranty claim shall not be deemed as having beenmade for the other parts of the product. 

 

4.2. Product Warranty  

In case of a defect of the ordered product (movable property) the User/Consumer (as a qualified customer) may choose to exercise his right to implied warranty described at 4.1. or may exercise his right of product warranty.

 

Users shall not enforce implied warranty and product warranty claim in respect of the same defect in the same time. However, in case of a justified product warranty claim, User is entitled to enforce implied warranty claim against the manufacturer in respect of the repaired product or the replacement product.

 

User is only entitled to claim a repair or replacement of the defective product as product warranty claim. In order to enforce his right to product warranty, User must prove that the product is defective.

 

The product is defective if it does not fulfill the quality requirements applicable at the time of releasing to the market, or it does not have the properties included in the description provided by the manufacturer. 

 

User may enforce product warranty claim within two years from the date the product was released to the market/distribution. After this limit period, User can’t claim product warranty. After detecting the defect, User must inform without delay the service Provider. The defect communicated to Provider within two mounts shall be regarded as announced without delay. User shall be liable for all the loss deriving from delayed announcement of the defect. 

 

User can enforce his product warranty claims against the manufacturer or the distributor of the product (Provider).

 

The manufacturer/distributor (Provider) is only exempt from product warranty obligations if he successfully proves that:

 

- it did not manufacture or distribute the product within its business activity or

- considering the state of science and technology the defect was not recognizable at the time of releasing to the market or

-the defect of the product is caused by application of mandatory legal regulation or legal proceeding of the authority.

 

In order to be released from obligations, the manufacturer/distributor (Provider) shall only prove one cause.

 

4.3. Exercising the right of warranty

 

User can exercise his warranty right by sending his clear statement to the following addresses:

 

Name: VB Swordshop Kft.

Address: 2119 Pécel, Lázár Vilmos utca 10.

E-mail:  info@ berbekuczviktor.hu

 

 

 

5. Guarantee

 

Provider does not sell products that are governed by 151/2003. (IX.22) Government Decree on guarantee commitments of durable consumer's goods.

6. Law enforcement options

6.1. Complaint procedure

 

User can send his complaint by using one of the addresses below:

 

Postal address: VB Swordshop Kft. 2119 Pécel, Lázár Vilmos u. 10.  

Phone: +36-28-454-983                                      

E-mail: info@berbekuczviktor.hu                       

 

Provider in case of oral complaints, whenever possible, shall find a remedy immediately. If an immediate solution to the oral complaint is not possible, due to the nature of the problem, or if User does not agree with the handling of the complaint, service Provider will record the complaint and archive the file for 5 years.

 

 

In case of oral complaints, Provider must provide to User a copy of the Complaint Record without delay at the seat of the Provider, or if this is not possible, he must proceed according to the rules set out below for written complaints;

 

In case of complaints received on the phone or other electronic means, Provider must send a copy of the Complaint Record to User no later than his feed-back with the problem resolution.

 

 

In all other cases, Provider shall act in accordance with the rules applied for written complaints.

 

Complaints received on phone or other telecommunication device will be logged and given an identification number for easy tracking.

 

Provider shall process and answer the written complaint within 30 days as of the date of reception. The measures taken involve a resolution feed-back sent to the user via mail.

 

 

In case of complaint rejection, Provider must inform User about the reason for rejection.

 

6.2. Other options for law inforcement

 

In case a legal dispute between Provider and User can’t be resolved via collaborative processes, the following options are available:

 

          -File a complaint to the Hungarian Authority for Consumer protection

         - initiate mediation proceeding at the official mediation body

           

     Budapest Chamber of Commerce and Industry

     Court of Arbitration at the Hungarian Chamber of Commerce and Industry

     Court of Arbitration of Budapest Region

     Address: 1119 Budapest, Etele út 59-61. II. em. 240.

     Open hours: Tuesday-Thursday: 9:00 - 14:00

     Phone/Fax: (+36-1) 269-0703

     Email: pmbekelteto@pmkik.hu

     Postal address:

     Court of Arbitration of Budapest Region

     1364 Budapest, PO Box.:81

                         

        -  User may turn to court and initiate court procedures

 

 

User/Consumer in the provisions for arbitration courts are referred to as non-governmental organizations, churches, condominiums, housing cooperatives, micro, small and medium-sized enterprises who purchases, orders goods, orders, receives, and recipient of commercial communication and business offers.

 

7. Unilateral modifications of the Terms and Conditions

Provider is entitled to the right to make changes to the present Terms and Condition unilaterally with the condition of informing the Users beforehand on the Homepage. The amended provisions will came into effect upon the first occasion the User is using the services of the Homepage, and shall be applied for orders placed after the modifications.

 

8. Retention of property rights

Until full payment of the purchase price, all ordered products remain the property of the Provider. If case the ordered product enters in the possession of the User, prior to full payment of the purchase price - for any reason – User is responsible for all damages that may have occurred and related to it no one shall be required to reimburse.

 

9. Other conditions of use

9.1. Responsibility

 

Users may only use the Homepage at their own risk and they hereby accept that Provider does not assume any responsibility for material and non-material damages arising from the use of the Homepage. Provider assumes no liability beyond contractual breach caused intentionally or contractual breach that harms life, physical integrity or health.

 

Provider shall be released from all liability for the behaviour of the Homepage Users. Users shall ensure that they do not infringe either directly or indirectly any rights of third parties or the law during their use of the Homepage. Users shall be completely and exclusively responsible for their own behaviour. In such cases Provider shall fully cooperate with authorities in order to investigate infringements.

 

Provider shall be entitled – but not obliged – to verify any content made available by Users during their use of the Homepage and, in connection with published contents, Provider shall be entitled – but not obliged – to search for signs of unlawful activities.

 

Homepage may contain links leading to pages of other providers. Provider shall not assume any responsibility for the privacy policy and activities of other providers.

 

Due to the global nature of the internet, Users agree that they shall apply the applicable provisions of the national law during their use of the Homepage. If any activity related to the use of the Homepage is not allowed by the law of the User's country, the User is solely liable for using it.

 

Agreement to the terms of purchasing is a clear statement from the User/Customer that:

 

-User/Customer is an adult (required to make a statement on the User/Customer age based on the applicable international law on arms trade)

- Accepts the applicable laws and regulations of his own country and Hungary

- VB Swordshop is not responsible for the illegal use of products sold in the webshop, and in case the minor customer presents himself as an adult.

 

If a User becomes aware of any objectionable content on the Homepage, User shall notify the Provider immediately. If Provider finds the notice justified through its procedure made in good faith, Provider shall be entitled to delete or modify such information without delay.

 

The agreement between Provider and User created on the basis of present General Terms and Conditions shall be terminated when User cancels his registration, or in case Provider cancels the registration of User.

 

9.2. Copyright

 

The entire content of the Homepage, its graphic elements, text and technical solutions, as well as elements of the products and services represent intellectual property (in particular registered trademark right) and protected by copyright. Provider is the sole copyright owner or authorized user of all contents displayed at the Homepage: copyright works and other intellectual creations (including, without limitation, all graphic and other materials, display and editing of the Homepage, software and other solutions used, concepts and implementation).

 

Saving the contents or certain parts of the Homepage on physical means or other media or printing it for private purposes is permitted only with the Provider's prior written consent. Any use beyond private use – such as storage in database systems, redistribution, publication or making it downloadable, market release/commercial distribution – is only allowed with Provider's prior written consent. 

 

Aside from the rights expressly set forth in present Terms and Condition, neither registration nor the use of the Homepage or any provision of it shall entitle Users to use or take advantage of any commercial name or trademark on the Homepage for any purpose whatsoever. These intellectual property may not be used or taken advantage in any form without Provider's or the right owner's prior written consent except for browsing the Homepage during the course of its intended use and temporary copying, as well as making copies for private purposes.

 

Provider reserves its rights in connection with all elements of its service, particularly the domain name of www.schwertschmiedeviktor.de, and its related subdomains, subpages and internet advertisement surfaces booked by Provider. It is forbidden to perform any activity in order to list, arrange, archive, hack the Provider's database or decompilation of its source code unless expressly permitted by Provider.

 

Unless a separate agreement is made or a service used for this purpose, it is forbidden to modify or copy the Provider's Homepage, database, place new data or overwrite existing data by evading search engines or the interface made available by Provider.

 

By using the services of the Provider, User agrees that Provider may use the registration data uploaded by User within the legal frames described in the Privacy Policy anytime and anywhere, without restriction and can not be charged.

 

 

Present Terms and Conditions enter into effect on the 13th of June, 2014.

 

Downloadable version of this document is available by clicking on the following link ( General Terms and Conditions)

 

 

DEFINITIONS

PRIVACY POLICY

Data subject/User: any specific natural person identified or identifiable - directly or indirectly - based on the personal data;

Personal data: any data that can relate to the data subject - especially the data subject's name, identification number, as well as one or more pieces of information characteristic of their physical, physiological, mental, economic, cultural or social attributes - and any such conclusions regarding the data subject that can be drawn from such data;

Consent:voluntary and specific expression of the data subject's intention that is based on proper information and by which the data subjects provide a clear and unambiguous consent to managing their personal data comprehensively or for particular operations;

Objection:a statement by the data subjects in which they object to the management of their personal data and request the termination of data management and the deletion of the data managed;

Data Controller: the natural or legal persons or organizations not having a legal personality, who or which determine the purpose of data management on its own or together with others, and make and carry out the decision regarding data management (including the equipment used) or have the data processor entrusted by them to carry out such decisions;

Data management:regardless of the procedure applied; any operation or the whole of operations performed on data, specifically including the collection, recording, systematization, storage, modification, application, query, transfer, disclosure, harmonization or linking, blockage, deletion and destruction of data, as well as the prevention of the further usage of such data, photographing, audio or visual recording, as well as the recording of physical attributes suitable for the identification of a person (example: finger- or palm prints, DNA samples, iris scans);

Data processing: performing any technical tasks related to data management operations, regardless of the method and equipment applied for the performance of such operations as well as of the place of application, provided that the tasks are performed in terms of data;

Data processor: natural or legal persons or organizations not having a legal personality, who or which perform data processing activities based on their contract with the data controller - including contracts concluded pursuant to legal provisions;

Data transfer: transmitting data accessible for certain third parties;

Publication: rendering data accessible for the general public;

Data deletion: rendering data unrecognizable in such a manner that their restoration is no longer possible;

Data blocking: applying an identifying mark to the data in order to block their management for a defined period of time or for good;

Data erasure: complete physical destruction of the data medium used to store data.

Third party: natural or legal persons or organizations without a legal personality, who or which are not identical with the data subject, the data controller or the data processor.

PURPOSE OF DATA MANAGEMENT

The purpose of data management related to the registration process is to assure correct identification of visitors allowing them to take advantage of the services offered on the Homepage, accurate documentation of orders and duly fulfillment of obligations, to enable billing and also to serve as a proof of concluded contracts; sending newsletters.

Duration of data management: until the cancellation of registration data requested by the User. 

LEGAL BASIS OF DATA MANAGEMENT
  • Provider collects and manages User personal data if the data subject explicitly and voluntarily agrees to it according to Section 5, point (1) of Act CXII of 2011 on the Right of Informational Self-determination and Freedom of Information (hereinafter referred to as: “Data Protection Act”) and based on Act CVIII of 2001 on certain issues of electronic commerce activities and information society services
  • Data management of required Users personal information is based on Users voluntary consent upon registration or by using the services available on the Homepage.

When in doubt, it shall be presumed that User did not agree to present Privacy Policy.

DATA CONTROLLER

Company name:                                 VB Swordshop Kft.

Company seat:                                  2119 Pécel, Lázár Vilmos utca 10.

Represented by:                               Berbekucz Viktor János

Registration no:                                Cg.13-09-164543/6

Registry Court:                        

Companies Registry, Registry Court of Budapest Region

 

Tax no::                                                 24382834-2-13

Phone:                                                 +36/28-454-983

Email:                                                     info@berbekuczviktor.hu

Registration number of Privacy Policy: NAIH-76510/2014.

DURATION OF DATA MANAGEMENT
  • Users personal data are managed till the deletion of the registration
  • User may request Provider to delete or change his personal data any time via phone, email or post.
TYPES OF DATA MANAGED BY PROVIDER

Technical Data:

 

  • such data are User’s IP address, his operating system and other technical information.
  • Collected data will not be disclosed to other Users, access will only be provided to the service Provider.
  • Identity and profile of the User can’t be deducted based on the collected and processed data, since the Provider uses the information only for the technical improvement of the Homepage and for statistical purposes. -> uses the information in an unidentifiable manner.

Types of data requested during the registration process

  • personal email address
  • contact name, phone
  • billing address
  • Statement that User is 18 years old or over (based on international laws on arms trade only adults may buy swords, daggers, knives).

Rules related to placing COOKIES

In our webshop we use cookies in the following cases with the indicated duration:

  • process identifier (session, currency) – closing the browser
  • source identification – 60 days
  • last listed product – 60 days
  • recommended products – 60 days
  • storing order basket – 365 days

Data storage remains on User’s computer. User may decline/delete these cookies by applying the appropriate browser settings in the Settings menu.

The Homepage may contain links to external servers (not managed by Provider). The websites browsed through these links may also place their own cookies or other files on your computer, collect data or solicit personal information. In such cases Provider shall be exempted from liability for any damage caused.

PERSONS ACCESSING DATA, DATA TRANSMITTING, DATA PROCESSING

Data shall be accessed primarily by Provider and Provider’s internal staff members, they are not disclosed, not transferred to unauthorized third parties, except for those cases when the information is required for order fulfillment. (courier)

 

DATA PROCESSOR:

Company name:                                      VB Swordshop Kft.

Company seat:                                        2119 Pécel, Lázár Vilmos u. 10.

Tax number:                                           24382834-2-13 

Phone:                                                  +36-28/454-983

Email:                                                    info@berbekuczviktor.hu

 

Except for the cases listed above, Provider shall only disclose personal information only if required by the law or in cases User gives his approval.

 

Web Hostig Provider

Company name:                                       UNAS Online Kft.

Company seat:                                         H-9400 Sopron, Major köz 2. I/15.

 

Email:                                                      unas@unas.hu

DATA PROTECTION

Service Provider shall make every necessary precaution to ensure the security of Users personal information during the network communication and also while storing and saving data.

Access to User’s personal data is strictly restricted in order to prevent any unauthorized access, modification or use of personal information.

USER RIGHTS AND LAW ENFORCEMENT

Users are entitled any time to request information concerning their personal data managed by Provider. Also Users may change their data according to present Policy – except the email address given in the registration process. Users are entitled to delete their personal data by contacting the Provider through one of the specified contact addresses.

At the request of the User, Provider provides information about the collected and processed personal data related to the User, and also on the purpose and legal basis and duration of data management, on the parties who receive or received his personal information and on the specific purpose. Provider will provide the requested information in writing within 30 days from the day the request was submitted.

Users may exercise their rights by contacting the Provider on one of the addresses below:

Postal address: VB Swordshop Kft. HU-2119 Pécel, Lázár Vilmos 10.

Email:                info@berbekuczviktor.hu

In case of any questions or comments related to data management Users may contact the service Provider at the addresses provided above.

 

  • User may request the correction or deletion of his incorrectly recorded information. User may modify certain information directly on the Homepage; in all other cases, Provider will delete the requested data within 7 working days from the day the request was received. Deleted data cannot be restored. Data that must be stored according to the applicable laws (accounting rules) shall not be deleted; Provider shall archive them until the mandatory time period. 

 

  • User is entitled to object to the control of his personal data
  1. a személyes adatok kezelése vagy továbbítása kizárólag az Szolgáltatóra vonatkozó jogi kötelezettség teljesítéséhez, vagy az Szolgáltató, adatátvevő vagy harmadik személy jogos érdekének érvényesítéséhez szükséges, kivéve, ha az adatkezelést törvény rendelte el;
  2. in case personal data have to be managed or transmitted to fulfill legal obligations of the Provider or to answer legal interests of the Provider, data recipient or third party, except when there is a legal requirement for data control
  3. in case personal data are used or transferred directly for business purposes, public opinion surveys or scientific research;
  4. other cases regulated in the applicable legislation.

 

Provider shall investigate the objection:

  1. as soon as possible, but not later than 15 days from the time the objection was submitted
  2. make a decision and
  3. notify User about his decision in writing

 

Should Provider find the objection of the User justified, he shall suspend the control process – including data collection and data transfer – block the data and notify everyone who is related to the personal data transfer that constitutes the basis of the objection, and inform them about the corrective measures taken. All parties involved are obliged to take corrective measures to enforce User’s rights.

 

If User does not agree with the decision taken by the service Provider, he can turn to court  within 30 days after being notified.

Legal remedies:

  1. Based on the provisions of Data Protection Act and Civil Code of Hungary Users are entitled to initiate legal proceedings to assert their rights.
  2. May file a complaint to NAIH (Hungarian National Authority for Data Protection and Freedom of Information)

 

Contact information:

Nemzeti Adatvédelmi és Információszabadság Hatóság

Hungarian National Authority for Data Protection and Freedom of Information

Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.

Postal address: 1530 Budapest, PO Box 5.

Phone: +36 -1-391-1400

Fax: +36-1-391-1410

Email: ugyfelszolgalat@naih.hu

USE OF EMAIL ADDRESSES

Service Provider agrees not to send emails to the email address given by User during the registration process, except for the services provided on the Homepage and newsletters sent with the consent of User.

Email addresses primarily serve:

  • to identify Users
  • as a useful communication tool to track order fulfillment, so primarily emails will be sent to achieve this goal.
NEWSLETTER
  • Purpose of newsletter: service Provider informs User about his latest promotional activity, products and services, special offers, new features, etc. in electronic newsletters to their email address.
  • Users may unsubscribe from Provider’s newsletter: - via an email notification sent to the Provider. In this case, Provider deletes User’s personal information from the records that were necessary to send the newsletter.
OTHER PROVISIONS
  • Service Provider reserves the right to modify present Policy unilaterally by notifying the Users before the changes take effect. After the effective date of the modifications, the User is considered to have accepted the changes made to the Privacy Policy by implied conduct.
  • In case during the registration - in order to use the services available on the Homepage - User submits data about third parties or causes damage while using the Homepage, Provider is entitled to claim compensation for the damages caused. Provider will provide all reasonable assistance to the competent authority in order to identify the person violating the law.

Effective date of present Privacy Policy: June 13th, 2014.

WebShop System