General Terms and Conditions
General terms and conditions
www.schwertschmiedeviktor.de
www.swordsviktor.com
Preamble
Welcome to our website! Thank you for honouring us with trust by shopping in our webshop.
Please read this document carefully before finalizing your order, since by completing the order procedure You will accept the content of this GTC.
Should you have any question in connection with these General Terms and Conditions, use of the webpage, any of the products or shopping procedure, or if you wish to discuss any special demand with us, do not hesitate to contact our colleague by using contact details provided on the website.
I. Impressum: data of the Service Provider (Seller, Enterprise)
Data of the Service Provider
Name: VB Swordshop Kft.
Registered office: 2119 Pécel, Lázár Vilmos Str.10.
Mailing address: 2119 Pécel, Lázár Vilmos Str.10.
Registration Authority: Budapest Környéki Törvényszék Cégbírósága
Corporate registration number: 13-09-164543
Tax number: 24382834-2-13
Representative: Berbekucz Viktor János
E-mail: info@berbekuczviktor.hu
Webpage: http://www.schwertschmiedeviktor.de, www.swordsviktor.com
Bank account number: 10918001-00000043-83920003
Data protection registration number: NAIH-76510/2014
Data of the hosting service provider
Name: UNAS Online Kft.
Registered office: 9400 Sopron, Major köz 2. I/15.
Contact details: +36-99/884-000, unas@unas.hu
II. Definitions
Parties mean the Seller and Customer collectively.
Consumer means any natural person who is acting for purposes which are out of the scope of his trade, profession or business activity
Consumer contract means any contract to which one of the parties is qualified as consumer
Webpage means website www.schwertschmiedeviktor.de, www.swordsviktor.com, which is qualified as means of distance communication
Contract means the contract of sale to be concluded between the Seller and Customer by using the Webpage and electronic mail
Means of distance communication has reference to the means used for making contractual statement for conclusion of the contact. Such means include, in particular, forms with or without address, standard mails, advertisements published with an order form in press, catalogues, telephone, fax and any device ensuring the internet access
Distance contract means any consumer contract that is concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties with the exclusive use of means of distance communication
Product means any marketable tangible movable item, indicated in the offer of the Webpage, that is marketed on the Website and intended for sale, can be acquired and forms object of the Contract
Enterprise/Seller means a person acting within the scope of his trade, profession or business activity
Customer/You means a person entering into the contract and making bid through the Webpage
Commercial guarantee in the case of contracts between the consumer and enterprise (hereinafter: consumer contract) means the compulsory guarantee applicable to consumer contracts specified in the Civil Code and separate legislation
III. Applicable laws
The laws specifically applicable to the Contract are as follows:
Act CLV of 1997 on Consumer Protection;
Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services;
Act V of 2013 on the Civil Code (Civil Code);
Gov. Decree no. 151/2003. (IX. 22.) on compulsory guarantee for certain consumer durables;
Government Decree no. 45/2014 (II.26.) on the detailed rules for contracts between consumers and enterprises;
NGM Decree no. 19/2014. (IV.29.) on the procedural rules for administering guarantee and warranty claims on products sold to consumers under a contract between the consumer and enterprise
IV. Scope, acceptance and amendment of GTC
The content of the contract to be concluded between us shall be governed by these General Contract Terms and Conditions (hereinafter: GTC) - apart from the provisions of the relevant binding laws - as well as by the information available on the Webpage. Accordingly, this GTC contains the rights and obligations pertinent to You and us, terms of conclusion of the contract, terms of fulfilment, delivery and payment terms, rule of liability rules and the terms for exercising the right of withdrawal.
You are required to gain proper understanding of the provisions of this GTC prior to finalizing Your order. By shopping in the webshop You shall accept the provisions of this GTC, which shall form integral part of the contract to be concluded between You and the Seller.
The Seller shall be entitled to amend the provisions of this GTC in accordance with relevant laws. Please read through the provisions of this GTC carefully before every shopping. Any possible amendment to GTC shall be valid from the publication thereof on the webpage. Any possible amendment shall have no effect on the contracts already concluded until then (confirmed orders).
V. Language and form of the contract
The language of the contracts falling within the scope of this GTC shall be English.
The contracts falling within the scope of this GTC shall not qualify as written contracts; they shall not be registered by the Seller.
VI. Prices
The prices are indicated in EUR, and they shall include VAT to the amount of 27 %. We reserve the right to change prices. The purchase price indicated next to the products shall not include the delivery charges.
VII. Handling complaints and remedies
The consumer may submit his/her complaints related to the Seller’s activity by using the following contact details:
• Internet address: www.swordsviktor.com, www.schwertschmiedeviktor.de
• E-mail: info@berbekuczviktor.hu
The Seller shall use his best efforts to perform repairs or replacement not later than within fifteen days. Should the consumer disagree with the complaint handling, or if the complaint cannot be investigated the Seller shall draw up minutes without delay on the complaint and his standpoint related thereto, and then the Seller shall hand over or e-mail a copy of the minutes to the consumer. The Seller shall draw up minutes on the consumer’s claim submitted and take over the product with any defect falling under guarantee.
In case the consumer dispute between the Seller and consumer is not settled through negotiations, following remedies are available for the consumer:
Submitting a complaint to the authorities for consumer protection. If the consumer detects the violation of his/her consumer rights, he/she shall be entitled to submit complaint to the authority for consumer protection with competence according to the place of residence of the complainant. Following the review of the complaint the authority shall decide on the conduction of the consumer protection proceedings.
Any possible disputes arising from the contract shall be governed by Hungarian law; the legal forum with exclusive jurisdiction shall be the court with competence according to the registered office of the seller/enterprise.
VIII. Platform for online dispute resolution
The European Commission has set up a webpage on which consumer can register; in this way they will be able to resolve their disputes related to the online purchases by completing an application form so as to avoid judicial proceedings. Consequently, consumers can enforce their rights without being prevented from that e.g. by the distance.
If You intend to make a complaint in relation to any product or service purchased online and You do not want to go to court, then You can use the platform of online dispute resolution.
You and the trader against whom You have lodged the complaint can jointly choose the dispute resolution body to deal with the complaint.
The platform for online dispute resolution is available on website https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
IX. Copyrights
Under section 1 (1) of Act LXXVI of 1999 on copyrights (hereinafter: Copyright Act) the website is qualified as a copyrights work, therefore each pat thereof falls under copyright protection. Under Section 16 (1) of the Copyright Act unauthorized use of graphic or software solutions and computer program creations as well as use of any application by which the website or any part thereof can be altered is forbidden. Any material can be taken over from the website or the data base thereof with the written consent of the right holder only with reference to the website or by indicating the source. The right holder:VB Swordshop Kft.
X. Severability clause, code of conduct
If this GTC is incomplete in legal terms or invalid, this shall have no effect on the remaining provisions which shall continue to be in force, and the invalid or imperfect terms shall be replaced by the applicable provisions.
The Seller has no code of conduct according to the act on the prohibition of unfair commercial practices.
XI. Function of the digital data content, technological protection measures
Availability of the servers providing data displayed on the website is over 99.9% annually. The full data content is constantly saved; as a result, in the case of trouble the original data content can be restored. The data displayed on the website are stored in MSSQL and MySQL database. The sensitive data are stored with appropriate encryption, and for their encoding we use hardware support built in processor.
XII. Information on the essential properties of the products
We provide information on the essential properties of the products to be purchased in the description of each product. The data of products on the page are only for information. The photos are for illustration; in some cases the colours could be incorrect.
XIII. Correction of data input mistakes – Liability for the verity of the provided data
When placing Your order, You will have the opportunity to modify the data You have entered all over the procedure, before finalizing the order (by clicking on browser’s Back button the previous page will open, so the entered data can be corrected even if You have already moved on to the next page). Please remember that it is Your responsibility that the data provided by You should be entered correctly, since the product will be invoiced and delivered according to the data provided by You. By placing Your order, You will acknowledge that the Seller shall be entitled to pass any damage or cost incurred by him due to Your incorrect input data to You. The Seller refuses to assume liability for performance based on incorrect data input. We call Your attention to the fact that the e-mail address incorrectly provided or fullness of the data storage behind Your mailbox may give rise to the failure to deliver the confirmation and it may impede the conclusion of the contract.
XIV. Procedure in the case of incorrect prices
Sometimes incorrect prices could be displayed on the website, e.g. due to technical failure. In the case of any defective price we cannot accept the order (Your bid) at the incorrect price, and we are not obliged to sell the product at the incorrect price. No contract shall be concluded between us in the case of bid made at any incorrect price. If You make a bid at an incorrect price, the system shall automatically confirm it, however, this shall not qualify as acceptance of the bid by us. In the case of bid (order) made at an incorrect price by You, the Seller’s colleague shall remind You of the correct price and offer the conclusion of the contract. You shall not be required to make bid and conclude contract at the correct price communicated by the Seller, instead of the incorrect one. In such case no contract shall be entered into between the parties.
XV. Ordering procedure
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.
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 XV.Registration 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.
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.
XVI. 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.
XII. Payment and shipping methods
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, or GBP 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 UPS courier upon receiving the parcel.
Bankcard Payment:
Wirecard Payment System:
- VISA , VERIFYED by VISA
-MasterCard. Mastercard SecureCode
-Sofort on-line bank wire transfer
-Maestro
Shipping
The orders placed online through the Homepage are shipped via UPS 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.
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.
Shipping fees:
Shipping fees with parcel service providers: depending on weight and geographic zone of the destination country!
XVIII. 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.
XIX. Term of fulfilment, Reservation of the right, ownership clause
In general, the orders shall be fulfilled within 30 days reckoned from the order confirmation. Such delivery term is only for information; however, we shall notify You via e-mail of any deviation from that without exception. By accepting these General Contract Terms and Conditions You shall acknowledge that the Seller explicitly refuses to assume liability for damages arising from exceeding of the delivery term.
It may occur that production of certain items offered on our website has come to the end. With regard to this fact we reserve the right to reject orders already confirmed, whether in part or in whole. Any partial fulfilment is subject to an agreement with You. In case You have settled the purchase price in advance, the amount shall be returned to You within 5 working days.
XX. Implied warranty, product guarantee, commercial guarantee
Based on the authorization provided in section 9 (3) of Gov. Decree no. 45/2014 (II.26.) this section of the consumer guidelines has been drafted by application of Annex 3 to Gov. Decree no. 45/2014 (II.26.).
Implied warranty
When can the implied warranty right be exercised?
In the event of defective performance You may enforce Your implied warranty right against the Seller in accordance with the provisions of the Civil Code.
What are the rights arising out of the implied warranty rights?
You may, at Your own discretion, enforce the following implied warranty claims:
You may request for repair or replacement, except, if the claim chosen by You is unenforceable or leads to disproportionate additional costs for the Seller compared to other claims. If You have not requested for repair or replacement, or could not request it, then You may apply for a proportionate discount, You may do repairs/have repairs yourself at the expense of the Seller or - as a last resort - withdraw from the contract.
You may change from one implied warranty right to another, however, the costs of this change shall be borne by You unless it was justified or the Seller made it necessary.
What is the deadline for enforcing Your implied warranty claim?
You shall report the defect immediately after its detection but not later than within two months after the defect was detected. Please note, however, that You may not enforce Your implied warranty claims after a time limitation of two years from the fulfilment of the contract.
Against whom can the implied warranty claim be enforced?
You can enforce Your implied warranty claims against the Seller.
What are the other conditions for enforcing implied warranty claims?
The enforcement of implied warranty claims is not subject to any condition other than reporting the defect within six months of fulfilment if You can prove that the product or service was provided by the Seller. However, following the expiry of the 6-month period from fulfilment You have to prove that the defect detected by You existed at the time of fulfilment.
Product guarantee
When can the product guarantee right be exercised?
In the case of any tangible movable item (product) You may, at Your own discretion, enforce the implied warranty - or product guarantee right.
What are the rights arising out of the product guarantee?
You may only request for the repair or replacement of the defective product as part of Your product guarantee right.
When is the product considered defective?
A product is considered defective if it does not meet quality requirements at the time of distribution or does not have the characteristics indicated in the manufacturer's specification.
What is the deadline for enforcing Your product guarantee claim?
You can enforce Your product guarantee claim within two years from placement of the product on the market by the manufacturer. Upon the expiration of such time limit such right shall be lost.
Against whom and under what conditions can You enforce Your product guarantee claim?
The product guarantee claim can only be enforced against the manufacturer or distributor of the moveable item. When enforcing a product guarantee claim, the defect of the product shall be proven by You.
When is the manufacturer (distributor) relieved of the obligation of product guarantee?
The manufacture (distributor) shall only be exempted from the obligation of product guarantee if he is capable of proving that:
• the product has been manufactured or placed on the market out of the scope of his business activity, or
• the defect could not have been detected at the time of placing on the market according to the state of the science or technology, or
• the defect of the product is due to the application of law or obligatory official specification.
The manufacturer (distributor) has to prove only one sole reason to be relieved of his obligation.
Please note that You cannot enforce both an implied warranty and a product guarantee claim simultaneously for the same defect. In the case of the successful enforcement of Your product guarantee claim the implied warranty on the replaced or repaired product or a part thereof can be enforced against the manufacturer.
Commercial guarantee
Provider does not sell products that are governed by 151/2003. (IX.22) Government Decree on guarantee commitments of durable consumer's goods.
XXI. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, 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 we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You shall bear the costs associated with the returning of goods following withdrawal. If returned articles that show signs of usage or that are damaged, the Seller reserves the right to collect a reasonable fee in return for the decline in value.
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Privacy Policy
1. Controller’s name and contact details
Name of the data controller: VB Swordshop Kft. (hereinafter: Controller)
Mailing address: 2119 Pécel, Lázár Vilmos Street 10. Hungary
E-mail address: info@berbekuczviktor.hu
Website: www.swordsviktor.com, www.schwertschmiedeviktor.de
2. Statutory background, legal ground and purpose of data controlling performed on website, scope of the controlled data and duration of data controlling
2/a) Information on the use of cookies
What is cookie?
During the visit of the website the Controller uses so called cookies. Cookie is an information package comprising of a case and figures which is sent to Your browser by our webpage in order to save certain of Your settings, facilitate the use of our website and enable us to collect some relevant statistic information on our visitors. Cookies do not contain any personal data, thus they are incapable of identifying individual users. Cookies often contain a unique identifier – an encrypted and random generated series of numbers – which will be stored on Your computer. Some of the cookies will cease to exist after closing the webpage, while others will be stored for a long time on Your computer.
Statutory background and legal ground for cookies:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act) and act CVIII of 2001 on certain issues of electronic commerce services and information society services. In accordance with section 5 (1) a) of the Information Act the legal ground for the data control is provided by Your consent.
Main characteristics of the cookies used by the website:
Cookies strictly necessary for operation: These cookies are strictly necessary in order to enable You to move around the website and to use its essential features. In the absence of such cookies several functions of the page will be unavailable for You. Their lifetime is restricted only for the duration of the session.
Cookies used to enhance user experience: These cookies collect information about the user’s preferences, for instance what pages he/she visits most often and what kinds of error messages he/she receives from the webpage. Such cookies do not collect any information identifying the user, i.e. they operate with general and anonymous information. We use the data gained from such cookies to improve the performance of the website. Their lifetime is restricted only for the duration of the session.
RTB customized retargeting cookies: They may appear for previous visitors or users when browsing on other websites found on Google Display Network or searching for terms related to their products or services. Users of the website can omit the use of RTB technology by clicking on the following link: http://adpilot.com/index.php?pid=privacy-opt-out
If You disagree with the use of cookies, certain functions will be unavailable for You. Find more information about the deletion of cookies on the following links:
• Internet Explorer: http://windows.microsoft.com/en-us/internet-explorer/delete-manage-cookies#ie=ie-11
• Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-Your-computer
• Chrome: https://support.google.com/chrome/answer/95647?hl=en
2/b) Data control related to ordering and billing
Statutory background and legal ground of data control:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act) and act C of 2000 on accounting (Accounting Act). In accordance with section 5 (1) a) of the Information Act the legal ground for the data control is provided by Your consent, or under section 6 (5) a) of the Information Act – in the case of withdrawal of Your consent - by compliance with the legal obligation set out in the Accounting Act to be fulfilled by the Controller.
Purpose of the data control:
Fulfilment of the obligation to issue bills compliant with laws and to retain the accounting document. Under section 169 (1)-(2) of the Accounting Act business associations shall retain the accounting documents for direct or indirect support of bookkeeping records.
Scope of the data controlled:
Name, address, e-mail address, phone number.
Duration of the data control:
Under section 169 (2) of the Accounting Act the issued bills shall be retained for 8 years of the date of issue. Please be advised that in case You withdraw Your consent granted to making out the bill, under section 6 (5) of the Information Act the Controller shall be entitled to retain Your personal data obtained while making out the bill.
2/C) Data control related to the sale of products
Statutory background and legal ground of data control:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act). In accordance with section 5 (1) a) of the Information Act the legal ground for the data control is provided by Your consent.
Purpose of the data control:
In the case of sale of products the purpose of the data control is to ensure that the ordered items are delivered for You in cooperation with contracted partners and in compliance with Your demands.
Scope of the data controlled:
Name, address, e-mail address, phone number.
Duration of the data control:
The Controller shall handle the personal data until the delivery of goods.
2/D) Data control related to the dispatch of newsletters
Statutory background and legal ground of data control:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act) and act XLVIII of 2008 on the basic requirements and certain restrictions of commercial advertising activity (Commercial Advert Act). In accordance with section 5 (1) a) of the Information Act and section 6 (1)-(2) of the Commercial Advert Act legal ground for the data control is provided by Your consent.
Purpose of the data control:
The purpose of the data control is to provide You with information about the latest, most favourable or special offers. Please be advised that we place not only the advertisements of the Controller in the newsletter but also those of other business associations, however, we shall not disclose or transfer Your personal data to them.
Scope of the data controlled:
Name, address, e-mail address, phone number.
Duration of the data control:
Until the withdrawal of the consent granted by the data subject.
2/E) Data control related to the dispatch and display of customized advertisements
Statutory background and legal ground of data control:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act) and act XLVIII of 2008 on the basic requirements and certain restrictions of commercial advertising activity (Commercial Advert Act). In accordance with section 5 (1) a) of the Information Act and section 6 (1)-(2) of the Commercial Advert Act legal ground for the data control is provided by Your consent.
Purpose of the data control:
The purpose of the data control is to dispatch You customized offers that are in compliance with Your demands and preferences to the greatest possible extent.
Scope of the data controlled:
Browsing history.
Duration of the data control:
Until the withdrawal of the consent granted by the data subject.
2/F) Data control accompanying the registration
Statutory background and legal ground of data control:
The background of data control is laid down by act CXII of 2011 on informational self-determination and freedom of information (Information Act) and act V of 2013 on the Civil Code (Civil Code). In accordance with section 5 (1) a) of the Information Act the legal ground for the data control is provided by Your consent.
Purpose of the data control:
By storing the data provided during the registration the Controller will be able to provide more convenient services (e.g. the data subject shall not be required to provide his personal data again at the next shopping)
Scope of the data controlled:
During the data control the Controller shall handle Your name, address, phone number, e-mail address, properties of the purchased product and the date of purchase.
Duration of the data control:
Until the withdrawal of the consent granted by the data subject.
Other data controls
If the Controller intends to carry out further data control, then it shall provide information about the essential conditions of the data control (statutory background and legal grounds, purpose of the data control, scope of the controlled data, duration of the data control).
We advise You that the Controller shall fulfil the authorities’ written request for the data supply founded on statutory authorization. In accordance with section 15 (2)-(3) of the Information Act the Data Controller shall keep records of data transferred (to which authority, what personal data, on what legal grounds and when the Controller transferred personal data) and provide information for the data subject unless it is precluded by law.
3. Hiring data processors and their activity related to the data control
Data processing aiming at storing personal data
Data Processor’s name: Unas Online Kft.
Contact details: Telefonszám: +36-99/884-000, E-mail cím: unas@unas.hu
The Data Processor shall perform the storing of personal data according to the written contract concluded with the Controller. The Data Processor shall not be entitled to control personal data.
Data controlling activity related to the sale of goods
Data Processor’s name: UPS Magyarország Kft.
Contact details: 2220 Vecsés, Lőrinci utca 154.,Tel: +3640989898
The Data Processor shall participate in the delivery of the ordered products under the contract concluded with the Controller. During this the Data Processor may control the customer’s name, address and phone number until the ordered products are delivered, thereafter he shall delete the data without delay.
Data security measures
The Data Processor states that he has taken appropriate security measures in order to protect the personal data against unauthorised access, modification, transfer, disclosure, deletion or destruction, accidental destruction and damage as well as disabled access occurring due to changes to the technology applied.
The rights of the data subject during the data control
During the data control You shall have the right
• to request for information on the data control,
• correction,
• deletion,
• blocking of Your personal data and
• the right of objection.
Within the duration of the data control You may request the Controller to provide information on Your personal data controlled. The Controller shall inform You in clear form in writing of the data controlled, purpose, legal grounds and duration of the data control, or – in the case of data transfer – of the recipients of the data, purpose of the transfers within the shortest possible time following the submission of the request; however, not later than within 25 days.
Within the duration of the data control You may request the Controller to correct Your personal data. The Controller shall fulfil Your request not later than within 15 days.
Within the duration of the data control You may request the Controller to delete Your personal data, which the Controller shall fulfil not later than within 15 days. The right to deletion shall not exercised if the Controller is obliged to continue the storing of the data either by law or in accordance with 6 (5) of the Information Act he is entitled to do so (for instance, in relation to billing).
You may request the Controller to block Your personal data if You presume that the deletion would violate Your lawful interests. Personal data blocked through such means may exclusively be controlled while the control objective remains valid which barred the deletion of the personal data.
You may object to controlling Your personal data if
• the personal data must be controlled or transferred to fulfil the legal obligations of the Controller, or to enforce the rightful interests of the Controller, data recipient or third party, except for cases of mandatory data control and for case under section 6 (5) of the Information Act;
• the personal data are used or transferred directly for business benefits, public opinion surveys or scientific research purposes, without Your consent.
The Controller shall assess the objection within the shortest possible time limit following the submission of the request but not later than within 15 days and shall make a decision on the grounds of the objection and shall notify the applicant of the decision in writing. If the Controller does not fulfil the data subject’s request for correction, blocking or deletion, he shall notify the data subject in writing or – with the consent of the data subject – electronically of the factual and legal reasons for the rejection of the request for the correction, blocking or deletion within 25 days following the receipt of the request.
Remedies
If You believe that the Controller has violated any statutory provision pursuant to data control, or if he has refused to fulfil any of Your requests, then You can initiate the proceedings of the National Authority for Data Protection and Freedom of Information (mailing address: 1530 Budapest, Pf.: 5., E-mail: ugyfelszolgalat@naih.hu) for the termination of the supposed unlawful data control.
We also advise You that in the case of violation of statutory provisions relating to the data control, or if the Controller has not fulfilled any of Your requests, then You may initiate judicial proceedings against the Controller.
Application for the entry into the data protection register
Under the provisions of the Information Act the Controller shall submit reports in the data protection register.
Data protection registration number: NAIH-76510/2014
Amendment to the privacy policy
The Controller reserves the right to amend this privacy policy. By using the website following the amendment thereof You shall accept the amended privacy policy. The Controller shall ensure that in the case of amendment the previous version is also available on the website.
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