Terms of Service - Zaia jewelry

General terms and conditions

Provider details:

The name of the service provider: Pató Zita
Headquarters of the service provider: 2038 Sóskút, Temető u. 32.
Contact details of the service provider, regularly used e-mail address for contacting users: info@zaia.hu
Tax number: 56387852-1-33
Registration number: 56571325
Phone number: +36 303780970
Language of the contract: Hungarian

Name, address, e-mail address of the hosting provider:

Tárhely.Eu Kft (headquarters: 1144 Budapest, Ormánság u. 4. X. em. 241.

Tax number: 14571332-2-42 , Company registration number: 01-09-909968

email: gdpr@tarhely.hu

This document is not filed, it is concluded only in electronic form, it does not qualify as a written contract, it is written in Hungarian, it does not refer to a code of conduct. In case of any questions related to the operation of the webshop, the ordering and delivery process, we are at your disposal at the contact details provided.

The scope of these GTC covers the legal relations on the subdomains zaiaekszer.hu, zaiajewelry.hu, zaiajewelry.com and zaia.hu on the Service Provider’s website. This GTC is continuously available on the following website:

Basic provisions:

2.1. Matters not regulated in these Regulations and the interpretation of these Regulations shall be governed by Hungarian law, in particular Act V of 2013 on the Civil Code (the “Civil Code”) and the Act on Certain Issues of Electronic Commerce Services and Information Society Services 2001. CVIII of the year. (Elker Act) and Decree 45/2014 on the detailed rules of contracts between a consumer and a business. (II. 26.) Government Decree. The mandatory provisions of the relevant legislation shall apply to the parties without any special stipulation.

2.2. These Regulations are valid from the 20th day of the month of September 20, 2021 and remain in force until revoked. The Service Provider is entitled to unilaterally amend the Regulations. The Service Provider will publish the changes on the websites 11 (eleven) days before they enter into force. By using the Websites, users agree that all regulations governing the use of the Websites will automatically apply to them.

2.3. If the user accesses the web-shop operated by the Service Provider or reads its content in any way – even if he / she is not a registered user of the webshop, he / she acknowledges that the provisions of the Regulations are binding on him / her. If the User does not accept the terms and conditions, he is not entitled to make a purchase in the webshop.

2.4. The Service Provider reserves all rights in relation to the webshop website, any detail thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the contents or any part of them appearing on the webshop without the written consent of the Service Provider.

The range of products and services that can be purchased

3.1. The products shown can only be ordered online. The prices of the products can be displayed in HUF and EUR as well, they include the VAT required by law, but they do not include the home delivery fee. Packaging costs incurred during transport will not be charged. In the case of orders from abroad, the cost of any customs administration and customs tariff that may be incurred shall be borne by the buyer.

3.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays a photo of the products. In the case of the images displayed on the product data sheet, we strive for the images to present the products in accordance with reality, but they may nevertheless differ minimally from the real ones and may be included as illustrations. We take no responsibility for any significant differences between the image displayed in the webshop and the actual appearance of the product.

3.3. If a special price is introduced, the Service Provider will fully inform the Users about the special offer.

Order process

4.1. Users can start shopping without registration.

4.2. User selects the product to be purchased and sets the number of pieces.

4.3. The user adds the selected products to the cart. Users can view the contents of the cart at any time by clicking on the “cart” icon. You can change the number of products in the cart by setting the number with the Refresh Cart button.

4.4. If the User wants to add another product to the cart, he can go back to the products and continue shopping. If you do not want to buy another product, check the number of products you want to buy. You can delete the contents of the cart by clicking on the “delete – X” icon. Once the quantity is finalized, the contents of the cart will be updated automatically. If this doesn’t happen, clicking the “refresh / refresh cart” icon will refresh the content,

4.5. The user enters a valid shipping and billing address and then selects a shipping / payment method of the following types:

4.5.1. Payment methods:

Payment by credit card: through the Paylike system
Cash on delivery: Only available for delivery to a Hungarian address. Cash payment upon personal collection, the fee is HUF 480, which is paid by the buyer in addition to the delivery cost.

4.5.2. Shipping cost, shipping process:

Orders placed on the Website are delivered using the service of MPL Magyar Posta.

Domestic address:
The delivery fee is EUR 4. The cash on delivery fee is EUR 1,5, which is charged to the buyer in addition to the delivery cost.
Delivery time: 1-5 working days.

To a foreign address:

The delivery fee is 11 Euro in all cases, regardless of the destination country. Delivery time: 5-10 working days.

The MPL courier service delivers orders from Monday to Friday from 08:00 to 17:00. If the Buyer is not present at the specified address during this period, it is advisable to provide a delivery address where the Buyer can safely receive the ordered product during the delivery period.

The MPL courier will attempt to deliver the package twice. In case of unsuccessful delivery, it will leave a notice at the delivery address with which the package can be picked up at the nearest post office for 5 days.

The user is obliged to inspect the package before the courier upon delivery, and in case of any damage to the products or packaging, he is obliged to request a report, and in case of damage, he is not obliged to accept the package. Subsequent complaints without minutes will not be accepted by the Service Provider!

The Seller will issue an electronic invoice for the ordered products to the Buyer to confirm the payment, which will be sent to the Buyer at the given email address.

4.6. If there is an error or defect in the products or prices in the webshop, we reserve the right to make corrections. In this case, we will inform the customer of the new data immediately after recognizing or modifying the error. The buyer can then confirm the order once again or there is a possibility for either party to withdraw from the contract.

4.7. The final amount to be paid includes all costs based on the order summary and confirmation letter.

4.8. After entering the data, the User can send his order by clicking on the “send order / order” button, but before that he can check the entered data again, send a comment about his order or send us another e-mail request.

4.9. Correcting data entry errors: Before completing the ordering process, the user can always return to the previous phase, where he can correct the data entered.

Order processing and fulfillment

5.1.

The Seller shall confirm the arrival of the offer sent by the Buyer to the Buyer without delay, by means of an automatic confirmation e-mail, which confirmation e-mail contains the data provided by the Buyer during the purchase or registration (billing and delivery information), the order ID, the date of the order, the list of the ordered products, the quantity, the price of the product, the shipping cost and the final amount to be paid.

If the Buyer has already sent his order to the Seller and notices an error regarding the data in the confirmation e-mail, he must notify the Seller within 1 day in order to avoid the fulfillment of unwanted orders.

Buyer will be released from the offer if you do not receive a confirmation email from Seller within 48 hours. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for the confirmation if the confirmation is not received in time because the User provided an incorrect e-mail address during the purchase or is unable to receive a message due to the saturation of the storage space belonging to his account.

This confirmation e-mail is considered by the Seller as an acceptance of the offer made by the Buyer, with which a valid contract is concluded between the Seller and the Buyer.

The order qualifies as a contract concluded electronically, for which Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Services Related to the Information Society. the law is applicable. The contract is covered by Government Decree 45/2014 (II.26.) On the detailed rules of contracts between consumers and businesses and takes into account the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.

5.2. General performance deadline, within 5 working days from the confirmation, unless otherwise agreed between the Service Provider and the User at the time of performance.

5.3. If the Service Provider fails to fulfill its obligations under the contract because the product specified in the contract is not available to it, it is obliged to inform the User immediately and to refund the amount paid by the User immediately, but no later than within thirty days. Fulfillment of this obligation does not release the Service Provider from other consequences of its breach of contract.

5.4. The Service Provider shall not be liable for any changes in the technical specifications without prior notice to the Supplier or for reasons beyond its control. Service Provider reserves the right to reject orders that have already been confirmed in whole or in part. Partial performance can only take place after consultation with the User!

Right of withdrawal

1.1. Directive 2011/83 / EU of the European Parliament and of the Council and Regulation 45/2014 on the detailed rules for consumer-to-business contracts. (II.26.) Of the Government, the User may withdraw from the contract and return the ordered product within 14 days from the receipt of the ordered product without giving reasons.

1.2. The period open for the exercise of the right of withdrawal expires 14 days from the date on which the User or a third party other than the carrier designated by the User takes over the product. The right of withdrawal is extended to 30 days from the date of your order if this period is longer than 14 days from the date of receipt or if the exact date of receipt cannot be determined.

1.3. The cost of returning the product shall be borne by the Buyer, the Seller shall not bear this cost.

1.4. In case of exercising the right of withdrawal, the User shall not be liable for any costs other than the cost of returning the product, however, the Seller may demand compensation for material damage resulting from improper use.

1.5. The right of withdrawal does not apply to the User in the case of a non-prefabricated product which has been manufactured on the basis of the consumer’s instructions or at his express request, or in the case of a product which has been clearly tailored to the consumer.

1.6. The consumer may also not exercise his right of withdrawal

In the case of a contract for the provision of a service, after the performance of the service as a whole, if the business started with the express prior consent of the consumer and the consumer acknowledges that he loses his right of termination after the performance of the service as a whole;

1.7. The Service Provider shall refund the amount paid to the User immediately, including the original delivery fee, immediately after the return of the product in accordance with the above legislation, but no later than within 14 days.

1.8. During the refund, we will use the same payment method as in the original transaction, unless the User expressly consents to the use of another payment method; no additional costs will be incurred by the User as a result of using this refund method.

1.9. The User is obliged to return the goods to the Service Provider without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal to the Service Provider.

1.10. The user complies with the deadline if the product (s) is (are) returned or handed over before the end of the 14-day period.

1.11. The consumer shall bear only the direct cost of returning the product, unless the business has undertaken to bear that cost.

1.12. The user shall only be liable for the depreciation of the goods if they have occurred due to a treatment other than that necessary to determine the nature, characteristics and functioning of the goods.

1.13. The refund may be withheld by the Service Provider until the goods (s) have been returned or the User has provided proof that they have been returned: the earlier of the two dates shall be taken into account.

1.14. If the User wishes to exercise his right of withdrawal, he may indicate this in writing or by telephone at one of the Service Provider’s contact details. You can return the ordered product to the User Service Provider by registered mail, post or courier service.

1.15. The User must pay special attention to the intended use of the product, as the User is responsible for compensating for damages resulting from improper use! Within fourteen days after the return of the product, the Service Provider will refund the purchase price of the product to the bank account number provided by the User, together with the delivery cost.

1.16. 45/2014 on the detailed rules of contracts between a consumer and a business. (II.26.) Government Decree is available here. https://net.jogtar.hu

1.17. Directive 2011/83 / EU of the European Parliament and of the Council is available here. https://eur-lex.europa.eu

1.18. You can also contact the Service Provider with other complaints of the User at the contact details in these Regulations.

1.19. The right of withdrawal does not apply to an undertaking, ie a person who is acting in the course of his profession, self-employment or business.

Warranty

Supplies warranty

7.1. In what cases can the User exercise the right to guarantee the supplies?

In the event of faulty performance by a company operating a user webshop, it may assert a claim for a warranty against supplies in accordance with the rules of the Civil Code.

7.2. What rights does the User have based on his warranty claim?

The User may, at his / her option, make the following warranty claims: he / she may request repair or replacement, unless it would be impossible to meet the user’s choice or it would incur a disproportionate additional cost to the business. If you have not requested or could not request the repair or replacement, you may request a pro rata reduction of the consideration or the defect at the expense of the business. You can also transfer from one of your chosen warranty rights to another, but the cost of the transfer shall be borne by the User, unless it was justified or given by the company.

7.3. What is the deadline for the User to enforce her warranty claim?

The user is obliged to report the defect immediately after its discovery, but not later than within two months from the discovery of the defect. However, please note that you may no longer exercise your warranty rights beyond the limitation period of two years from the performance of the contract.

7.4. Against whom can you assert your warranty claim?

The User may assert his warranty claim against the Service Provider.

7.5. What are the other conditions for enforcing your warranty rights?

Within six months of the performance, there are no other conditions for enforcing the warranty claim than the notification of the error, if the User proves that the product or service was provided by the company operating the webshop. However, after the expiration of six months from the performance, the User is obliged to prove that the defect recognized by the User already existed at the time of performance.

Product warranty

7.6. In what cases can the User exercise his product warranty rights?

In the event of a defect in a movable thing (product), the User may, at his or her option, assert a claim for a warranty for supplies or a product warranty.

7.7. What rights do you have based on your product warranty claim?

As a product warranty claim, the User may only request the repair or replacement of a defective product.

7.8. In which case the product is considered defective?

A product is defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.

7.9. What is the deadline for the User to enforce his product warranty claim?

The product warranty claim can be enforced by the User within two years of the product being placed on the market by the manufacturer. Upon expiry of this period, he shall cease to be entitled to do so.

7.10. Against whom and under what other conditions can you assert your product warranty claim?

You can only make a product warranty claim against the manufacturer or distributor of the movable property. In the event of a product warranty claim, the User must prove the defect of the product.

7.11. In which cases is the manufacturer (distributor) released from its product warranty obligation?

The manufacturer (distributor) is only released from its product warranty obligation if he can prove that:
The product was not manufactured or marketed in the course of his business, or
The defect was not detectable at the time of placing on the market according to scientific and technical knowledge, or
– the defect of the product is due to the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove a reason for the exemption.
Please note that due to the same defect, you cannot claim a warranty for a product and a product warranty at the same time. However, if your product warranty claim is successfully enforced, you can assert your manufacturer’s warranty claim against the manufacturer for the replaced product or repaired part.

Warranty

7.12. In what cases can the User exercise the right to guarantee the supplies??

In the event of defective performance, Decree 151/2003 on the mandatory warranty for certain durable goods. (IX. 22.), the enterprise operating the webshop is obliged to provide a guarantee.

7.13. What rights does the user have under the warranty and within what period of time?

The warranty period is one year. The warranty period begins on the date of delivery of the durable goods to the consumer or, if the commissioning is carried out by the distributor or his agent, on the day of commissioning.

7.14. When is the business released from its warranty obligation?

The company is only released from its warranty obligation if it proves that the cause of the defect occurred after performance. Please note that due to the same defect, the warranty and guarantee claim and the product warranty and guarantee claim cannot be enforced simultaneously, otherwise the User has the rights arising from the warranty regardless of the rights described in the product and supplies warranty chapters.

7.15. The Service Provider is not liable for any damage resulting from natural wear and tear, as well as for damages caused by improper or careless handling, excessive use, or effects other than those specified, or other misuse of the products after the transfer of the risk of damage.

Procedure in the event of a warranty claim

8.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the Regulation to the detriment of the consumer.

8.2. It is the consumer’s responsibility to prove the conclusion of the contract (by invoice or even just a receipt).

8.3. The company is obliged to keep a record of the consumer’s warranty or guarantee claim notified to him.

8.4. A copy of the report shall be provided to the consumer without delay and in a verifiable manner.

8.5. If the business is unable to state the fulfillment of the consumer’s warranty or guarantee claim at the time of notification, it shall notify the consumer of its position within five working days in a verifiable manner, including the reason for the rejection and the possibility of recourse to the conciliation body.

8.6. The undertaking must keep the report for three years from the date on which it is taken over and make it available to the inspection authority on request.

8.7. The company must endeavor to carry out the repair or replacement within a maximum of fifteen days.

Miscellaneous Provisions

9.1. The Service Provider is entitled to use a contributor to fulfill its obligations. He bears full responsibility for his unlawful conduct, as if he had committed the unlawful conduct himself.

9.2. If any part of these Terms becomes invalid, illegal or unenforceable, it will not affect the validity, legality and enforceability of the remaining parts.

9.3. If the Service Provider does not exercise its right under the Regulations, the failure to exercise the right shall not be considered a waiver of the right. Waiver of any right shall be effective only upon express written notice to that effect. The fact that the Service Provider does not strictly adhere to any of the essential conditions or stipulations of the Regulations does not mean that it waives its strict adherence to the given condition or stipulation at a later date.

9.4. The Service Provider and the User try to settle their disputes amicably.

Complaints handling procedure

10.1. The goal of our store is to fulfill all orders in the right quality, with the complete satisfaction of the customer. If the User still has a complaint regarding the contract or its performance, he / she may submit his / her complaint to the above e-mail address or by letter.

10.2. The Service Provider will immediately investigate the verbal complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint, the Service Provider shall immediately take minutes of the complaint and its position, and shall provide a copy to the customer. If it is not possible to investigate the complaint immediately, the Service Provider shall draw up a report on the complaint and provide a copy to the customer.

10.3. Our online store will respond to your written complaint in writing within 30 days. It shall state the reasons for rejecting the complaint. He shall keep a copy of the reply for a period of 3 years and shall present it to the inspection authorities on request.

10.4. You can also complain to the National Consumer Protection Authority:

National Authority for Consumer Protection
Title: 1088 Budapest, József krt. 6.
Mailing address: 1428 Budapest, PF: 20.
GPS coordinates: X 19,071 Y 47,496
Central telephone number: +36 1 459 4800

Fax number: +36 1 210 4677
E-mail: nfh@nfh.hu

Data protection

The Privacy Notice is available on the Website.

Sóskút, 2021.09.20.