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The project supported by the EU with the contribution of the European regional development fund. General terms and conditions of salesThe present General Terms and Conditions (hereinafter called GTC) contains the contractual rights and duties of STARFOL Plusz Csomagolástechnikai és Kereskedelmi Kft (headquarters: 9600 Sárvár,Várkerület 26; company register No:18-09-102132; tax number: 13506032-2-18; bank account No: 10700127-42736105-51100005; contacts: ; represented by: Hindiné Ódor Mónika General Manager (alone); hereinafter called Supplier) and the clients utilising the electronic commerce service offered by STARFOL Plusz Ltd. (hereinafter called Customer). (Supplier and Customer together are hereinafter called Parties). 1. General Information, Realization of the contract between the Parties 1.1. The present GTC covers all the electronic commerce services provided in Hungary which are transacted through the electronic marketplace (hereinafter called STARFOL Plusz Webshop) located on the website www.starfolplusz.hu. Moreover the present GTC covers all the commercial transactions carrying out in Hungary and transacted between the Parties determined in the present contract. Purchasing in STARFOL Plusz Webshop is regulated by the law No. CVIII issued in 2001 about “Certain issues of electronic commerce services and services in connection with information society” (hereinafter called ”Ektv.”). On the basis of this law the Supplier should give information in the present GTC in accordance with paragraph 5.§ (2) and 6.§ (1)-(2) of the law “Ektv”. 1.2. Purchasing in STARFOL Plusz Webshop can be made by an electronic order issuing in a way determined in the present GTC. 1.3. Services of STARFOL Plusz Webshop can be used by any legal persons or any other organizations having no legal entity dealing with the utilization and/or reselling of products located on the website, if they successfully performed the registration in advance and Supplier has sent to the e-mail address of the Customer the data necessary for the use of the Webshop. Moreover Customers should accept to be bound by the present GTC content. 1.4. Contract between Parties is concluded by the written confirmation of the Supplier on the basis of the order sent by the Customer to the Supplier by clicking on the icon “Send the content of the basket” in the STARFOL Plusz webshop. In response to the order Supplier will always send a written confirmation to the Customer. Supplier always file both the order and the confirmation, too and retains and stores them during the period specified by the existing regulatory provisions. Confirmation sent in response to the order always contains the followings: -Data of the Customer and the Supplier 1.5. Customer service: STARFOL Plusz Ltd. 2. Registration 2.1. Registration can be done in the menu item “Contact” located on the Main page or on the “Login – Registration” interface by filling in the Registration form and send it to the Supplier. The Customer will be entitled to use STARFOL Plusz Webshop by using the Username and Password sent to them by e-mail after processing of the forms. 2.2. Supplier cannot be held liable for delivery delays or any other problems or mistakes arisen due to data given incorrectly and/or inaccurately. Moreover the Supplier cannot be held liable for damages resulting from the facts if the Customer has forgotten his password or if it will become available to unauthorized users because of any reasons not accountable for the Supplier. 3. Ordering 3.1. The essential features of the purchased goods are contained in the product specifications. If you have any questions in connection with the product before buying the product, please, contact our customer service. They are readily available for you. 3.2. The purchase price is always the net price indicated near the selected product which does not contain VAT. The purchase price of the product does not contain the cost of delivery. Our partners having Supply contracts can purchase products from STARFOL Plusz Webshop according to their contractual conditions. In this case the reduced net price can be seen near the products. 3.3. Supplier will deliver the ordered products until the deadline indicated in the confirmation of the order to the delivery address given by the Customer by the help of their own means of delivery or using forwarding company. 3.4. Supplier reserves the right to change the purchase prices of the products orderable form STARFOL Plusz Webshop and the modifications enter into force at the time of publication of the modified prices on the STARFOL Plusz Webshop. The modifications do not affect the purchase prices of the products ordered before. If an incorrect price will be put on STARFOL Plusz Webshop despite of all the care of Supplier (e.g. price is 0 because of a system failure, etc.), then Supplier will not be obliged to deliver the goods for the incorrect price but they can offer to deliver the goods for the correct price, in the light of which the Customer can abandon its intention to purchase. 3.5. The Supplier accepts the orders only from registered Customers and in cases the Customer filled in all the fields necessary for ordering. If Customer fills any field incorrectly or incompletely, an error message will be sent by the Supplier. Supplier cannot be held liable for delivery delays or any other problems or mistakes arisen due to data given incorrectly and/or inaccurately by the Customer. If in two working days after the written confirmation of the order no comments or objections of the Customer will be received by the Supplier in writing, thus the order will be considered accepted. If the time of delivery specified in the confirmation of the order is less than two working days, then the comments or objections of the Customers should be sent to the Supplier no later than 24 hours before delivery. 3.6. By sending the order the Customer declares that he accepts the present General Terms and Conditions and acknowledges that it is binding for himself. 3.7. After receiving the Customer’s order the Supplier is obliged to confirm electronically the order by sending the form called “Acknowledgement of order” to Customer by e-mail. If this confirmation will not be received by the Customer in two working days after sending the order, then both the Supplier’s offer validity and the Customer’s obligation to buy will cease automatically without any other conditions. 3.8. Dates mentioned as time of delivery confirmed in the “Acknowledgement of order” form sent by e-mail are only indicative and sometimes other time of delivery can be possible. In these cases Supplier always send a modification of Acknowledgement of order to Customer before the deadline mentioned in the original Acknowledgement of order form but not later than the working day before the deadline. In case of force majeure, e.g. wars, natural disasters, strikes, breakdowns, official actions, reservation, spragger, loss of production caused by other suppliers or traffic accidences occurring during transportation the Supplier will be relieved of the delivery obligation and meeting the time of delivery, too. In these cases Supplier always aspires for execution of delivery as soon as possible by the help of every possible means. 4. Delivery, billing and payment conditions 4.1. Delivery will be executed for Customers having no Supply contracts according to the following conditions: 4.2. Between 8.00 a.m. and 17.00 p.m. on the day indicated on the Acknowledgement of order form Supplier delivers the ordered goods by the help of their own means of transportation or by using forwarding agents. Supplier cannot undertake delivery of goods at a fixed time. The 8.00 – 17.00 period of delivery mentioned above is only indicative, in case of any other time of delivery Supplier will not be charged with responsibility. Customer has to take delivery of goods at the time indicated in the Acknowledgement of order form or appointed with the Supplier’s Customer service staff. If Customer does not take delivery of goods at the time of delivery then Supplier is entitled to sell the ordered goods to any third person and Customer has to pay 50% of the purchase price of the ordered goods to Supplier as frustration penalty. If the ordered goods cannot be sold to third person because of its special features Customer has to pay to the Supplier the whole purchase price and the costs of return transport and/or the proper destruction as well. 4.3. Supplier delivers the goods ordered from STARFOL Plusz Webshop to that place of delivery which indicated in the Acknowledgement of order sent to the Customer by e-mail. 4.4. In case of new Customers Supplier use payment in cash at the time of delivery in the beginning and later on at the Customer’s request there is possibility to pay by bank transfer until the defined limit of credit on the basis of the Supplier’s individual decision. This agreement is always made by the Parties in written form. If a Customer has any unpaid bill expired yet Supplier will deliver goods only against payment in cash until the Customer settles the expired bill. If a bankruptcy proceeding or winding up procedure has been instituted against the Customer, henceforward Supplier is entitled to deliver goods against payment in cash. In case of overdue payment on the basis of the present contract Customer agrees to and acknowledges by his purchase the condition that Supplier will charge interest on overdue payments. The rate of interest on overdue payments is double the current refinancing rate of interest, which is sent to the Customer after closing of every quarter in a mail called “Notification of Interest rate on overdue payment”. 4.5. In case of ordering goods Customer has to check the goods at the time of delivery one by one and sign the delivery certificate in case of perfect fulfilment of delivery. Thenceforward the Supplier cannot accept any claim in connection with defects of quantity and packing. If the Customer observes any damages, visible faults or quantity variances, Supplier has to bail goods one by one at the Customer’s request and take down minutes on site. In case of such damages the responsibility lies on the Supplier if the goods have been transported by the Supplier’s own means of transport. 4.6. STARFOL Plusz Ltd. declares that in justified cases they reserve the right to subsequent execution of correction of invoices. Correction of invoices can be happen in the form of credit or subsequent charge. 5. Warranty, procedure of quality claim 5.1. Supplier takes the responsibility for the performance as per contract. Supplier also takes the responsibility for the facts that quality and labelling of goods meet the requirements of Hungarian health care and quality standards. In case of the Supplier’s faulty performance the Customer can set up the following warranty claims 5.2 Customer has to submit the quality claim in writing as soon as possible after observing the defect of quality by giving the data of product identifying label, with especial regard to the identifying numbers located on the label. The lack of these data Customer cannot collect the quality claim therefore Supplier calls attention to keeping the product identifying labels. 5.3 Warranty claims can be made in 3 months after delivery of goods. Supplier does not take liability for damages resulting from goods not properly stored, used or worked out. At the Customer’s request Supplier issues a certificate of quality and product specification. 6. Miscellaneous conditions 6.1. STARFOL Plusz Webshop is an information system working on Microsoft Windows basis with appropriate safety degree. Its usage has no risk. However it is recommended to take precautions: use virus protecting software with up-to-date data bases and install the safety software updates of the operating system. 6.2. Supplier does not take responsibility for damages resulting from web site access. Customer has the liability to protect his own computers and the data located on them. 6.3. Supplier stores the data given by the Customer only for fulfilment of the contract and the subsequent proof of the contractual conditions. By the order and the acknowledgement of the present GTC the Customer (economic entity) gives express consent to the fact that Supplier can send him news letters and other direct mails. Supplier cannot give the Customer’s data to any third persons except when the third person acts as the subcontractor/active partner of the Supplier in the fulfilment of the contract. Supplier manages the Customer’s data according to the effective regulations of the law No. LXIII issued in 1992 about “Protection of personal data and publicity of data of public interest”. 6.4. Supplier in entitled to modify the conditions of the present GTC unilaterally without any further notification obligation. The possible modification comes into force at the time of its publication in STARFOL Plusz Webshop. In case of orders sent before modification the GTC valid at the time of sending the order is authoritative. 6.5. The contractual Parties do their best in order to settle the disputes by negotiations. If the legal dispute cannot be settled by negotiations, depending on the limit the contractual Parties accept the exclusive jurisdiction of Municipal Court of Sárvár or the County Court of County Vas. 6.6. Supplier reserves the proprietorship of the goods until Customer pays the total price located on the invoice issued by Supplier for the goods delivered by the Supplier or its agent (e.g. subcontractor, forwarding agent). Thus during the reservation of proprietorship Customer is not entitled to exercise the power of disposal of the delivered goods. In case of seizure of goods delivered with reservation of proprietorship by any third person or if goods are brought into enforcement procedure or winding up procedure Customer has to declare the Supplier’s proprietorship and immediately notify Supplier, too. Customer acknowledges that Supplier is entitled unilaterally to set up a claim to returned goods referring to the goods delivered by itself and having in his own possession after the due date of Supplier’s invoices (or before the due date in justified case; e.g. overdue payment or non-payment). Then Against the Supplier’s crediting account Customer has to deliver the items listed on the crediting account to the Supplier at the time of its takeover. Customer declares that Supplier’s proprietorship claim is let go unchallenged and in default of doing the above mentioned things Customer bears criminal responsibilities. 6.7. The present general terms of delivery are written in Hungarian. In case of translation to any foreign languages the version written in Hungarian is authoritative. In case of matters not regulated in the above paragraphs the regulations of Civil Code and the current Hungarian legislation are authoritative. |
