GENERAL TERMS AND CONDITIONS (ÁSZF)
valid from: 4th Feb, 2019
List of content
- General Terms and Conditions
- Imprint, definitions, legal rules
- Validity of the ÁSZF
- The language and form of the contract
- Complaint management and the possibilities of enforcement of rights
- Partial invalidity, Code of conduct
- Correction of data input errors
- Procedure in case of wrong prices
- Use of the website
- Processing of the order, conclusion of the contract
- Methods of payment
- Data transmission Statement
- Modes of transport
- Terms of fulfilment
- Reservation of rights and ownership clause
- Consumer information
- Right of withdrawal
- Warrantee rights
Welcome to our website! Thank you for choosing us!
Please read this document carefully before finalizing your order, because by finalizing of your order to accept the contents of the present General Terms and Conditions (ÁSZF)!
Should you have any question in respect of the present General Terms and Conditions, the individual products and the course of purchasing, or you would like to discuss your individual demand with us, please do not hesitate to contact one of our colleagues at the following contacts!
Present General Terms and Conditions (hereinafter: GTC) are used by the company „Beverly 98” Korlátolt Felelősségű Társaság (Co. limited) with registered address: 1056 Budapest, Belgrád rakpart 26. fsz.) presenting the rights and obligations of the Customer, (hereinafter referred to as „Customer”), using electronic commerce services, provided by Service Provider, (hereinafter referred to as the „Service Provider”), company registration number: 01-09-672814, tax number: 12386721-2-41, contact details: ... .................................... Hereinafter referred to as the Service Provider). (Service Provider and Customer hereinafter referred to as the „Parties”).
Issues not regulated in these General Terms and Conditions and their interpretation thereof are governed by the Hungarian law, with particular regard to certain provisions of Act V. of 2013 of the Civil Code (“Ptk.”), by Act of CVIII (Elker. tv.) of 2001 on Electronic Commerce Services and certain issues on services connected to Information Society, by 45/2014 Government Decree (II. 26.) on detailed rules for consumer and business contracts.
Name: BEVERLY 98 Co. Ltd.
Seat: 1056 Budapest, Belgrád Wharf 26., Ground floor
Correspondence address: HU - 1056 Budapest, Belgrád Wharf 26., Ground floor
Takeover point: WestEnd City Center - Lakásparfüm Store:
First floor, 30 Hild József prom, Váci rd. 1-3., Budapest 1062 - HU
Registration authority: Registry Court of Justice of Budapest
Company registration number: 01-09-672814
Tax number: 12386721-2-41
Representative: Endre Zoltán Schwindl
Phone number: +36/30 938 2707 / +36/1 356 7919
Bank account number: 11714006-25975266
Name: Arconcept Co. Ltd.
Seat: 1061 Budapest, Andrássy str.10.
Contacts: +36-20 415 9054; email@example.com
Parties Seller and Buyer together
Consumer: natural person proceeding beyond his profession, independent occupation or scope of business activities
Consumer contract: a contract where one of the subjects is considered to be a consumer
Website: http://lakasparfum.hu/ considered as a means of distant communication
Contract: Sales contract established between the Seller and the Buyer by means of using the Website and the electronic mail
Device making distant communication possible between persons: a device being suitable for making a contract statement possible in the absence of the parties - in the interest of conclusion of a contact. Such means may be especially the prints addressed or without an address, the standard letter, the advertisement published in press products with the order sheet, the catalogue, and the means providing for phone fax and internet access, standard letter
Contract concluded between distant persons: a consumer’s contract concluded for the provision of the contractual product or service within the framework of the telesales system, without simultaneous physical absence of the parties, so that the contracting parties exclusively use means providing for communication between the distant persons for the purpose of conclusion of the contract.
Product: any movable, merchantable matter for sale, distributed at the website and being subject of the contract
Enterprise: legal entity proceeding in the scope of its profession, independent profession or scope of business activities
Buyer/You: a person giving purchase offer and concluding a contract via the Website.
Guarantee: In case of contract concluded between the consumer and the enterprise (hereinafter referred to as the consumer contract)
a) guarantee undertaken for the fulfilment of the contract as per the Civil Code, undertaken by the enterprise for the proper implementation of the contract beyond its legal obligations or voluntary in the absence of the same, and
b) the mandatory guarantee based on the legal rules.
Relevant legal rules
Especially the following legal rules refer to the Contract:
Act 155 of 1997 on the consumer protection;
Act 108 of 2001 on certain issues related to electronic trade services and information society
5th Act of 2013 of the Civil Code;
151/2003. (22nd Sep) Governmental decree on mandatory guarantee for certain durable consumer goods;
45/2014 government decree (26th Feb) on the detailed rules of contracts between the consumer and the enterprise
19/2014. (29th April) NGM decree on the procedural rules of settlement of the warrantee and guarantee claims of goods sold in the framework of a contract between the consumer and the enterprise
Validity, approval and changing of the ÁSZF
The content of the contract between us is determined - in addition to the relevant mandatory legal stipulations - by the mutually accepted order and the present General Terms and Conditions (hereinafter referred to as the ÁSZF). Accordingly, the present General Terms and Conditions include the rights and obligations referring to us, the conditions of the conclusion of the contract, the fulfilment deadlines, the conditions of delivery and payment, the compliance rules and the terms of exercising the right of withdrawal.
You are obliged to learn the stipulations of the present PSZF before finalizing your order. By buying through our webshop You accept the stipulations of the present ÁSZF and ÁSZF will make an integral part of the contract concluded between You and the Seller.
The Seller is entitled to unilaterally amend the stipulations of the present ÁSZF within the framework of the relevant legal rules. We ask you to read the stipulations of the ÁSZF before each purchase! Possible amendment of the ÁSZF is valid from its publication on the website. The possible amendments do not concern the already concluded contracts (confirmed orders).
The language and form of the contract
The language of the contracts belonging to the scope of the present ÁSZF is the Hungarian language.
The contracts belonging to the scope of the present ÁSZF are not considered as written contracts, they are not filed by the Seller.
Prices are in HUF and include 27% VAT. We reserve the right to change the price.
Complaint management and the possibilities of enforcement of rights
The consumer may submit his consumer’s objections as to the product or the activity of the Seller at the below contacts:
• Place of the customer service: WestEnd City Center - Lakásparfüm Store: First floor, 30 Hild József prom, Váci rd. 1-3., Budapest 1062 - HU
• Opening hours of the customer service:
Between 10:00 a.m. and 21:00 p.m. from Monday to Saturday
Between 10:00 a.m. and 18:00 p.m. on Sundays
• Phone number: +36/1 356 7919
• Internet address: http://www.lakasparfum.hu/
• E-mail: firstname.lastname@example.org
Entry in the buyers’ book
The Buyers’ book is accessible in the show room of the Seller (Customer Service) The Seller replies to the entries within 30 days.
The consumer may inform the enterprise about his complaint orally or in writing; the complaint refers to the behaviour, activity or omission of the persons proceeding in the interest and in favour of the enterprise in respect of the distribution or sale of the goods for the consumers.
The oral complaint must be immediately examined and remedied by the enterprise. Should the consumer fail to agree with the management of the complaint, or immediate examination of the complaint is not possible, then the enterprise must make up protocol of the complaint and the related standpoint and to give a copy of the same for the consumer in case of oral complaint. In case of an oral complaint filed by phone or other electronic telecommunication service - the answer with substantive response in compliance with the relevant regulations for responses to written complaints must be given within 30 days at the latest. Otherwise the following procedure should be followed in case of written complaints. The written complaint must be replied with substantive response - if the directly applicable legal act of the European Union does not stipulate otherwise - within thirty days and it must be communicated with the consumer. Shorter deadline may be determined by a legal rule, or longer deadline may be stipulated by the law. The enterprise must justify its standpoints if the complaint is rejected. Oral complaint communicated by phone or electronic telecommunication service must be supplied by the enterprise with an individual identification number.
The protocol taken of the complaint must include the following:
1. the name and address of the consumer
2. the place, time and way of submission of the complaint
3. detailed description of the consumer’s complaint, the list of the documents and other proofs shown by the consumer
4. declaration of the enterprise of its standpoint as to the complaint of the consumer, in case immediate examination of the complaint is possible,
5. the signature of the person receiving the complaint and that of the consumer - except for the case of complaint communicated by phone or another electronic telecommunication service,
6. the place and time of recording of the protocol,
7. in the case of a complaint communicated by phone or other electronic telecommunication service, the individual identification number of the complaint.
The enterprise is obliged to keep the protocol of the complaint and the copy of the response for five years and to submit them to the inspection authorities at request.
In case the complaint is rejected the enterprise is obliged to inform the consumer in writing which authority or conciliation body is competent in the matter, depending on the nature of the complaint. This information must include the seat, the phone and internet contact and correspondence address of the competent authority or the conciliation body as per the place of residence of the consumer. The information must also include whether the enterprise uses the procedure of the conciliation body for the settlement of the consumer’s dispute, or not.
Should the possible customer’s legal dispute between the Seller and the customer fail to be settled during the negotiations, then the following possibilities of enforcement are available for the consumer:
Complaining before the consumer protection authorities Should the consumer experience violation of his consumer’s rights, he is entitled to turn with his complaint to the consumer’s protection authority competent as to his domicile. After handling of the complaint, the authority will decide on conducting of the customer protection proceedings. The tasks of the first instance consumer’s protection authority are fulfilled by the district offices competent as per the domicile of the consumer, the list of these authorities is found at http://jarasinfo.fov.hu
Judicial proceedings The client is entitled to enforce his claim from consumer’s dispute in the framework of civil procedure before the court as per the stipulations of act 5 of 2013 on the Civil Code and act 130 of 2016 on the Judicial Procedure Code.
You are informed that you can present consumer’s complaint against us. In case your consumer’s complaint is rejected you are entitled to turn to the competent Conciliation Body as per your address or place of residence: the condition of initiating a procedure by the conciliation body is that the consumer tried to directly settle the dispute with the concerned enterprise. At the request of the consumer the conciliation body indicated by the customer will be competent for proceeding, instead of the originally competent body.
The enterprise must cooperate with the procedure of the conciliation body.
In this respect the enterprise is obliged to send the response document at the request of the conciliation body, and another obligation is to appear before the conciliation board (“ensuring of a person for the hearing who is authorized to create a settlement”).
In case the seat or the site of the enterprise is not registered in the county as per the chamber operating the territorially competent conciliation body, then the cooperation obligation of the enterprise is limited to offering the possibility of appropriate, written agreement in compliance with the demand of the consumer.
In case of violation of the above cooperation obligation the consumer protection authority has jurisdiction of imposing mandatory penalty on the unlawful conduct of the enterprise due to the change in legal rules; no waiver of the fines is possible. In addition to the law on consumer protection the relevant stipulation of the law about small- and medium-sized enterprises was also amended, so imposing of the fine may not be dispensed neither in case of small- and medium-sized enterprises.
The amount of the fine in case of the small- and medium-sized enterprises may be between 15 thousand and 500 thousand HUF; while in case of non-small- and medium-sized enterprises subject to the accounting law, with an annual net returns from sales over 100 million HUF the amount may be 5 % of the net returns from sales of the enterprise, but maximum 500 million HUF. By introducing the mandatory penalty, the legislator aims at underlining of the cooperation with the conciliation bodies and enforcing active participation of the enterprises in the procedure of the conciliation body.
Settlement of the consumer’s disputes without court procedure belongs to the scope of authority of the conciliation body. The task of the conciliation body is to try to create agreement for the purpose of settlement of the customer’s dispute; failing which the body will decide in order to ensure enforcement of the customer’s rights in a simple, quick, efficient and cost-saving way. At the request of the customer or the enterprise the conciliation body gives advice about the rights and so the consumer.
The procedure of the conciliation body starts at the request of the consumer. The request must be submitted to the chairman of the conciliation body in writing: the requirement of literacy allows for submission by letter, telegraph, telex or telefax or any other means which make it possible for the addressee to store the data for the required period and to display them in unchanged form and content.
The application must include
a. the name, the address or place of residence of the consumer,
b. the name, seat or relevant site of the enterprise concerned by the consumer’s dispute,
c. in case the consumer requests another conciliation body instead of the competent body, then the data of the requested body,
d. short description of the customer’s standpoints together with the supporting facts and evidences,
e. declaration of the consumer that settlement of the dispute has been directly attempted with the concerned enterprise
f. declaration of the consumer, that procedure of another conciliation body has not been initiated, no mediation proceedings have been launched, no application was submitted and no request for issuing payment order was given,
g. proposal for the decision of the body,
h. signature of the consumer.
The document, or its copy (abstract) referred to by the consumer as the proof - especially the written statement of the enterprise about rejection of the complaint or lacking this any other written evidence available for the customer and proving that the determined agreement has been tried - must be attached to the application.
In case the consumer proceeds by a representative, then the authorization must be attached to the application.
For more detailed information about the Conciliation body please visit: http://www.bekeltetes.hu
For more detailed information about the territorially competent Conciliation body please visit: http://www.bekeltetes.hu/index.php?id=testuletek
Contacts of the individual territorially competent Conciliation Bodies:
Conciliation Body of County Baranya
Address: 7625 Pécs, Majorossy I. str. 36.
E-mail: email@example.com; firstname.lastname@example.org
Conciliation Body of County Bács-Kiskun
Address: 6000 Kecskemét, Árpád blv. 4.
Phone: 06-76-501-500; 06-76-501-525, 06-76-501-523
E-mail: email@example.com; firstname.lastname@example.org
Conciliation Body of County Békés
Address: 5600 Békéscsaba, Penza housing estate 5.
Conciliation Body of County Borsod-Abaúj-Zemplénrn
Address: 3525 Miskolc, Szentpáli str. 1.
Conciliation Body of Budapest
Address: 1016 Budapest, Krisztina blv. 99. 3rd floor 310.
Conciliation Body of County Csongrád
Address: 6721 Szeged, Párizsi bvd. 8-12
Conciliation Body of County Fejér
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Conciliation Body of County Győr-Moson-Sopron
Address: 9021 Győr, Szent István str. 10/a.
Conciliation Body of County Hajdú-Bihar
Address: 4025 Debrecen, Vörösmarty str. 13-15.
Conciliation Body of County Heves
Address: 3300 Eger, Faiskola str. 15.
Conciliation Body of County Jász-Nagykun-Szolnok
Address: 5000 Szolnok, Verseghy park 8. 3rd floor, 305-306.
Phone: 06-56-510-621, 06-20-373-2570
Conciliation Body of County Komárom-Esztergom
Address: 2800 Tatabánya, Fő square 36.
Conciliation Body of County Nógrád
Address: 3100 Salgótarján, Alkotmány road 9/A.
Conciliation Body of County Pest
Address: 1055 Budapest, Kossuth Lajos square 6-8. 3rd floor, 331
Conciliation Body of County Somogy
Address: 7400 Kaposvár, Anna str. 6.
Conciliation Body of County Szabolcs-Szatmár-Bereg
Address: 4400 Nyíregyháza, Széchenyi str. 2.
Conciliation Body of County Tolna
Address: 7100 Szekszárd, Arany J. str. 23-25. 3rd floor
Conciliation Body of County Vas
Address: 9700 Szombathely, Honvéd square 2.
Conciliation Body of County Veszprém
Address: 8200 Veszprém, Radnóti square 1. ground floor 116.
Conciliation Body of County Zala
Address: 8900 Zalaegerszeg, Petőfi str. 24.
The conciliation body is competent to settle the consumer dispute out of court. It is the task of the conciliation body to try to establish a settlement between the parties for the purpose of settling the consumer dispute, in case of ineffectiveness, to make a simple, quick, effective and cost-effective decision with the enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall advise on the rights and obligations of the consumer.
In the event of a cross-border consumer dispute related to an online Sales or Online Service Contract, only the conciliatory body operating alongside the Metropolitan Chamber of Commerce and Industry is competent.
In compliance with section (1) § 1 of the act 76th of 1999 on copyright (hereinafter referred to as Szjt) the website is considered an author’s work, so all or its parts are protected by copyright. Based on section (1) § 16. of Szjt it is prohibited to use graphic and software solutions and programs of the website without permission or using of any application making amendment of the website or a part of it possible. Taking over any material from the website and its data base may only be done - even in aware of the written consent of the owner - with reference to the website and indication of the source. The owner: BEVERLY 98 Co. Ltd.
Partial invalidity, Code of conduct
Should any point of the ÁSZF be legally deficient, invalid or ineffective, the other points of the contract still remain valid and in force. Instead of the invalid or faulty parts those stipulations have to be applied which - considering their purpose and content - are the closest to the invalid or faulty sections.
The Seller does not have a Code of Conduct as per the act on the Prohibition of Unfair Trade Practice against the Consumers.
Operation of the digital data content and the measures of technical protection
Accessibility of the servers serving the data of the website is over 99.9 % per year. Regular back-up is made of the full data content, so in case of a problem the original data content can be restored. The data appearing on the website are stored in MSSQL and MySQL data bases. The sensible data are stored with encryption of appropriate strength, their coding is performed with the help of hardware support integrated into the processor.
Information on the essential features of the products
The essential features of the products that can be bought from the website are found in the description of the certain products. The data on the product page are only informative! The pictures are only illustrations, in certain cases the colour does not always reflect reality!
Correction of data input errors - responsibility for the reality of data
In course of ordering you have continuously the possibility of changing the entered data before finalization of the order (clicking the button back in the browser the previous page will open and you can correct the entered data even if you stepped on the next page.) We call your attention that it is your responsibility to enter correct data, since the product will be invoiced and delivered based on the data given by you. By placing an order, you acknowledge that the Seller is entitled to pass the damages and costs coming from your incorrect data entry or inexactly given data. The Seller excludes the responsibility for fulfilment based on incorrect data entry. We call your attention that a badly entered e-mail address or fullness of the hosting belonging to the e-mail account may result in lack of receiving the confirmation, thus it may prevent conclusion of the contract.
Procedure in case of clearly wrong price
It may happen - that e.g. due to technical error - there is a wrong price (such price indication as "0" or "1" HUF is obviously wrong – price, that is significantly different from the commonly known, generally accepted or estimated price of the product, possibly due to a system failure, is incorrect) on the website. In case of clearly wrong price your order (your bid) will not be accepted at the clearly wrong price and we are not obliged to sell the product at the clearly wrong price. In case of at a clearly wrong price the contract will not be established between us. Should you make your offer at clearly wring price, the system will automatically confirm it, however this will not be considered as acceptance of the offer by us. In case of your (order) at the clearly wrong price the representative of the Seller will call your attention to the correct price and will offer conclusion of the contract at the correct price. You are not obliged to make your offer or conclude a contract at the correct price instead of the clearly wrong price. In this case no contract will be established between the parties.
Use of the website
Choosing of the product
The customer may choose and order from the products of the webshop. Clicking on the selected product the buyer can read more detailed description of the product. In case of his intention to buy, the volume of the product wished to be bought shall be put in a virtual basket by pressing the button “Put into the basket” or “Basket & Payment”. Clicking on the button “View basket” you will see the products put in the basket during your purchase as well as the sum of the invoice and the cost of delivery. Here you can check correctness of your order, with special regard to the prices and quantities which you are free to change or modify as required. The basket will automatically calculate the grand total of the order. It is also possible to redeem the coupon codes, granting a discount for the customer from the total amount of the order.
Sending of the order
If you find the quantity of the goods in the basket good and you checked the grand total and decided to buy the items then please simply click on button “Next to giving the invoicing and delivery data”. You can only buy in our webshop as a registered user. If you previously bought in our webshop, then please give the e-mail address and the password you entered during registration. If you wish to registrate as a new buyer, then please give your data needed for buying. They will be stored by the system in compliance with the valid data protection regulations and when you next buy, you only have to login. You can give your invoicing and delivery address during the registration. In the next step you must choose the mode of delivery.
Then follows choosing of the method of payment. If you agree with the content of the order, then click the button “I finish purchasing and send my order!”
Finalization of ordering (offering)
If you get convinced that the content of the basket is what you wanted to order, and your data are correct then you can close your order by clicking the button “I finish purchasing and send my order!”. Information displayed on the website is not considered as an offer of the Seller for conclusion of a contract. In case of orders belonging to the scope of the present ÁSZF you are considered the bidder and the contract is established by the Seller by accepting of your bid through the website, as per the stipulations of the present ÁSZF.
By pressing the button “I finished purchasing and send my order!” you clearly acknowledge that your offer must be considered as made and your statement - in case of confirmation by the Seller as per the present ÁSZF - involves your payment obligations.
Processing of the order, conclusion of the contract
You are bound by your offer for 48 hours. Should the Seller fail to confirm your offer within 48 hours, as per the present general terms and conditions, you are exempted from the bid constraint.
You can send your offer at any time. The Seller will confirm your offer via e-mail on the next working day of sending it, at the latest. The contract shall be considered as concluded by the confirmation of your offer by the Seller.
Methods of payment
Cash on delivery
The total amount must be paid in cash on delivery.
WHAT TO KNOW ABOUT SIMPLE PAYMENT SYSTEM
Simple Online Payment System is developed and operated by OTP Mobile Ltd. OTP Mobile
Ltd. is a member of OTP Group.
OTP Mobile Ltd. provides an extensive service portfolio for electronic and smart device based
trade. Its products run under the brand name Simple. Recently it provides two main services:
Simple Online Payment System: Customers using the service may choose the simple and
secure payment solutions of Simple for online purchases. In these cases, they may accomplish
payments in the accustomed way.
The payment process equals to the payment method in services offered by banks. During the
service, Simple transactions are watched in observance of the safety of the user, i.e. the card
holder, and help is provided in case of unexpected incidents.
Simple mobile application: Simple mobile application is an application of domestic
development adding several services to mobile purchase that make life easier. In this manner,
you may purchase parking ticket, road-toll vignette, cinema ticket, and may choose from
several further services in a single cell phone application. Download is free of charge; it may
be installed on smartphones and tablets using Android, iOS and Windows Phone platforms.
For further information, visit the homepage www.simple.hu.
Customer Service: +36 1 3666 611, email@example.com
The two Simple services work separately. In the following part you will find information on
the Simple Online Payment System and the online purchase.
WHAT ARE THE STEPS OF THE TRANSACTION?
1. By clicking on the “Payment” button, you get to the Simple payment page where you
may initiate the transaction by providing your bank card data.
2. After providing card data, please, verify the correctness of the data.
3. The processing of the transaction is initiated in the bank processing system.
4. You will get a notice on the result of the payment via e-mail, and you will be redirected
to the service provider's page.
ACCEPTABLE CARD TYPES: Mastercard, Maestro, VISA, VISA Electron, American Express
Attention! In case of Maestro and Visa Electron cards, the issuer bank defines the card's
internet usability. If accepted by the bank, our system is capable of accepting it.
When paying online, after providing the required data for the order, customer gets from the
pre-payment page of the web store to the secure payment page of Simple, where card data
required for paying shall be provided. The merchant will not obtain information on the data
content of the Simple payment page, for it is an independent and protected page.
WHAT TO OBSERVE WHEN PAYING
When paying with bank card
Internet payment and conventional payment via a POS terminal for card holders are
free of charge.
Today one can pay also with by a Maestro bank card on the Internet. Inquire for details
at your card issuer bank.
Card companies protect the card holders' interests, therefore if you pay by a card and
the merchant would not accomplish, you may lodge a complaint at your card issuer
bank, and would it be rightful, you would get your money back.
The 3-digit verification code in the signature panel (called CVC2 or CVV2) of the card
serves the identification of card holders (the 3-digit verification code may be found
after the card number or after its 4 last digits). Please, handle this code as carefully as
the PIN code!
Good advices on security
Security may be increased by requesting an SMS service from your bank, so you would
receive an instant notice on any change in the account.
Please, never reveal the 4-digit PIN code you use for withdrawing money or
purchasing even when purchasing online, and take special care not providing the card
number and the expiration date to unauthorised persons!
Always log out of the web page after purchasing and paying. This is especially
important in case of computers used by others too. For the sake of the protection of
data, purchasing from an own computer and avoiding Internet cafés and hot spots are
Please take special care when reconciling data in e-mail, since in Western Europe and
the United States unauthorised persons trying to evade data in e-mail is more and
Should anyone ask for data update (even merchants you have already bought from),
be aware, for these may be unauthorised persons acting on behalf of the merchant.
In these cases, please, contact the merchant in the usual manner in order to verify the
Even more suspicion may be considered when you receive a mail on a way too
favourable offer, an award game or the withdrawal of a never ordered product.
Card companies never appeal card holders via e-mail or on the phone! Should you
receive an e-mail or a phone call on behalf of card companies advising that the data
of your bank card are obtained by unauthorised persons, please, never provide your
data, and inform your card issuer immediately.
Purchase on the Internet
An advantage of purchasing on the web is the possibility to compare the prices of
similar products, thus you may simply and quickly choose the most auspicious offer.
Before the order – especially in case of the first order –, please, verify the information
concerning the web store (when it started to operate, how reliable the company is
considered, are compulsorily specified general accessibilities – like address, phone
number – displayed on the homepage.
Internet companies, in order to protect purchasers, include several features of
security in their web stores. Logos of security of big card companies presented on the
homepage (like the MasterCard SecureCode), or other encryptions (like SSL codes),
each imply that the Internet merchant has accomplished all necessary steps towards
a secure Internet purchasing.
Encryption of communication is represented by the “https” in the URL address, and
also the lock icon in the right lower corner or the key icon in the left lower corner,
clicking on which security certificates will appear.
After each purchase, save or print your order, its return receipt, the data provided for
payment, the product description of the ordered product.
It is recommended to study the terms of the contract of the webstore when ordering,
since should any quality issue arise, it is useful to know in case of the product or service
within what period of time you may submit a claim, with what conditions you may
cancel your order, and when and how you may get your money back.
Payment via wire transfer in Simplepay Online Payment System
In case of selecting this payment method the customer transfers the amount of
purchase directly to OTP Mobile Ltd.
Our system can only accept remittance in currency: HUF.
Operation of the service: the customer selects wire transfer payment option at the
merchant interface, then Simplepay sends a confirmation email to the customer
including the details of remittance. The customer settles the amount using their own
bank account managing e-banking interface. Simplepay promplty notifies the
merchant about the successful payment so that the merchant can fulfill the order.
Advanced bank transfer
In case the buyer chooses bank transfer as a method of payment, then the full price of the product must be paid by bank transfer in advance. Payment must be effected after confirmation of the order by the deadline indicated on the prepayment request.
The Seller will consider the above described order as paid, when its full countervalue arrived irrevocably to the bank account of the Seller within 8 days reckoned from confirmation of the order.
Should the countervalue fail to arrive within 8 days the Seller may cancel the order. In case the Customer started the transfer but it cannot be expected to arrive in time, then the Seller must be immediately informed of this fact by attaching the transfer certificate of the bank, so that the order would not be cancelled.
The Buyer has to indicate on his transfer order the serial number of the prepayment request. Transfer without the reference number will be treated by the Seller as a nameless and invalid transfer until the Customer makes up the deficiency.
If the order of the Buyer is cancelled because the countervalue did not arrive by the deadline, and the countervalue still arrives at the bank of the Seller, then the Seller will restore the order or lacking this immediately returns the arrived amount. The Buyer is to acknowledge that the Seller does not have any further responsibility in this respect.
Data Transmission Statement
I acknowledge the following personal data stored in the user account of BEVERLY 98 Kft., (Belgrád rakpart 26., Ground floor, Budapest 1056 - HU) in the user database of https://www.lakasparfum.hu/ will be handed over to OTP Mobil Ltd. (1093 Budapest, Közraktár u. -32.) and is trusted as data processor. The data transferred by the data controller are the following: family name, given name, country, phone number, e-mail address.
The nature and purpose of the data processing activity performed by the data
The ways of takeover, and charges of takeover
GLS courier service
The product will be delivered by the GLS courier service.
For further information please visit https://gls-group.eu/HU/hu/cimzetteknek-nyujtott-szolgaltatasok
The costs of this mode of delivery will be calculated during the ordering process, it depends on the weight of the ordered product and the place of delivery in case of exports.
GLS package point
In case of the on-line purchases door to door delivery by a courier service is the most popular, but the rate of personal take-over has been increasing from year to year. The Clients may take over the goods at the GLS Package Points conveniently and according to their own time schedule, where cash payment is also possible.
For further information about the GLS Package Points please visit https://gls-group.eu/HU/hu/eseti-szallitasok/gls-csomagpont
The GLS Package Points are located at easily accessible places, e.g. in shopping centres, at the petrol stations, in bookshops or other busy shops. Many of them wait for the clients who wish to take over or dispatch packages with long opening time and either at the week end. GLS sends an e-mail or an SMS message for the addressee about delivery of the goods. The Buyer may take over the package within 5 working days at any time, with consideration to the opening hours of the GLS PackagePoint.
The costs of this mode of delivery will be calculated during the ordering process, it depends on the weight of the ordered product.
The order may be taken over personally, too in our Customer Service at the address of WestEnd City Center - Lakásparfüm Store: Underground floor, Niagara sq. 3., Váci rd. 1-3., Budapest 1062 - HU, from Monday to Saturday between 10:00 a.m. and 20:00 p.m, on Sunday between 10:00 a.m. and 18:00 p.m.
If you choose this kind of takeover, then you will not be charged any fee.
Terms of fulfilment
The general fulfilment term of the order is maximum 30 days reckoned from confirmation of the order. This delivery term is only informative, any difference from it is always given by e-mail. By accepting the present General Terms and Conditions you acknowledge that the Seller explicitly excludes compensation responsibility because of exceeding of the given delivery term.
Reservation of rights and ownership clause
May be that the production of certain products at the website has been stopped. Because of this we reserve the right for rejecting already confirmed order partly or on the whole. Partial fulfilment may only be possible after coordination with You. In case of prepayment of the purchase price it will be returned to you within 5 working days.
Consumer information based on governmental decree 454/2014 (26th Feb).
List of contents
- Consumer information
- Right of withdrawal
- Warrantee rights
Information on the Consumer’s right of withdrawals
As per governmental order No. 45/2015 (26th Feb), § 20 the Consumer may withdraw from the order without reasons. The consumer is entitled to exercise his right of withdrawal
a.) in case of a sales contract of a product
aa) within fourteen days reckoned from the day of takeover of the product by the consumer or his representative - a third person different from the forwarder in case of buying one product
or in case of buying more products where supply of the individual products is at different days then within fourteen days of the last provided product
The content of the present point does not concern the right of the consumer to exercise his right of withdrawal as per the present point in the period between the day of concluding the contract and the day of taking over the product.
If the consumer gave an offer for the conclusion of the contract the consumer has the right of withdrawal before conclusion of the contract, and it would terminate his bid constraint.
Declaration of withdrawal, exercising of the right of withdrawal or termination
The consumer may exercise his right as per § 20 of governmental decree 45/2014 (26th Feb) by a relevant clear declaration or by using the declaration sample unloadable from the website and sending it to the below address: BEVERLY 98 Co. Ltd.
1056 Budapest, Belgrád Wharf 26., Ground floor; firstname.lastname@example.org
Declaration sample for withdrawal
Address: BEVERLY 98 Co. Ltd.
Address: 1056 Budapest, Belgrád Wharf 26., Ground floor
We undersigned state that we exercise our right of withdrawal/termination in respect of the contract aiming at sales of the following products or provision of the below service:
Date of the contract / date of takeover:
The name of the consumer(s):
The address of the consumer(s):
I ask for transferring the purchase price back to my bank account (please fill it if you wish to get back the purchase price by bank transfer):
Signature of the consumer(s) (only in case of a paper declaration)
Validity of the consumer’s withdrawal declaration
The right of withdrawal must be considered valid, if the consumer sends his declaration within the 14 calendar days term.
The consumer has to prove that his right of withdrawal has been exercised in compliance of this stipulation.
The Seller is obliged to confirm the withdrawal declaration of the consumer after its arrival by an electronic data carrier.
Obligations of the Seller in case of withdrawal of the consumer
The Seller’s obligation of refunding
If the consumer withdraws from the contract as per §. 22. of governmental decree No. 45/2014 (26th Feb), the Seller is to refund the full amount paid by the consumer within fourteen days reckoned from learning of the fact of withdrawal, together with the costs occurred in relation with the fulfilment, so the costs of delivery, too. We call the attention that this stipulation does not refer to the extra costs of delivery mode differing from the least costly usual way of delivery.
In case of withdrawal or termination as per § 22 of governmental decree No. 45/2014. (26th Feb) the Seller is to refund the amount due to the consumer in the same way as it was used by the consumer. Based on explicit consent of the consumer the Seller may apply other payment method, too but it must not cause any extra charge for the consumer. The Seller will not be responsible for delay occurring due to incorrectly or inexactly given bank account number or postal address by the consumer.
Should the consumer choose a different way of delivery than the least expensive usual forwarding method, then the Seller is not obliged to refund the occurring extra costs. In this case our refunding obligation is up to the indicated general delivery charges.
Right of retention
The Seller may hold back the amount due to the consumer until the consumer returns the product or proves - without any doubt - that he had dispatched it; the earlier date of these two ones must be considered. We cannot accept consignments dispatched by cash on delivery.
The consumer’s obligation in case of withdrawal or termination
Returning of the product
In case the consumer withdraws from the contract as per § 22 of governmental decree 45/2014 (26th Feb), then he is to immediately, but within fourteen days from notification of the withdrawal at the latest, return the product to the Seller, or hand it over for a person authorized by the Seller for taking over the product. Returning is considered fulfilled in time if the consumer sends back the product prior to expiry of the deadline.
Bearing of the costs related to returning of the product
The consumer is to bear the costs of returning of the product. The product must be sent back to the address of the Seller.
The responsibility of the consumer for depreciation
The customer is responsible for depreciation of the product exceeding normal use needed for stating the nature, the features and the operation of the product.
Exclusion of the right of withdrawal
The Seller explicitly calls your attention that you must not exercise your right of withdrawal in cases included in section (1) § 29 of the governmental decree No. 45/2014 (6th February) so especially in cases listed in points “c” and “e”: “in case of such a non-prefabricated product that was produced by the instructions or at the expressed request of the consumer, or of a product that was clearly customized for the consumer; in case of products in closed packing that must not be returned after opening, due to health protection or hygienic reasons.
Liability for defect, warrantee of merchantability, guarantee
The present point of the Consumer information is based on governmental decree 45/2014 (26th Feb), it was made by using enclosure No. 3. of governmental order 45/2014 (26th Feb).
Liability for defect
Which are the cases when you can exercise your right of liability for defect?
In case of faulty fulfilment of the Seller you can enforce your demand for liability for defect, as per the rules of the Civil Code.
What rights are you entitled on the basis of your rights of liability for defect?
You can exercise your following demands of liability for defect at your own option:
You can ask for repair or replacement, except for the case when fulfilment of your demand is impossible, or it would involve disproportional extra costs for the Seller as compared to the fulfilment of other claims. If you did not ask for repair or replacement or you could not ask for them, then you can demand proportional delivery of the counter-service or you may have the defect repaired at the costs of the Seller or have the defect repaired by someone else, or in final case - you may withdraw from the contract.
You can change from the selected right of liability for defect for another one, however the costs of this change must be borne by you, expect for the case when it was justified, or the Seller gave reason for the same.
What is the term of enforcing your demand for liability of defect?
You are obliged to report on the defect immediately after revealing it, but not later than two months reckoned from finding of the defect. At the same time, we call your attention that after elapse of two years of limitation period - reckoned from fulfilment of the contract - you cannot enforce your right of liability for defect.
Whom you can enforce against your right of liability for defect?
You can enforce your right of liability for defect against the Seller.
What are the other conditions of enforcing the right of liability for defects?
There is no other condition than reporting on the defect within 6 months from fulfilment if you prove that the product or the service was provided by the Seller. However, after elapse of the six months from fulfilment You must prove that the defect revealed already existed at the time of the fulfilment.
Warrantee of merchantability
Which are the cases when you can exercise your right for warrantee of merchantability?
In case of a defect of movables (products) - you can enforce your demand of liability for defects or right for warrantee of merchantability.
What rights are you entitled based on your rights for warrantee of merchantability?
As your demand for warrantee of merchantability you can only ask for the repair or replacement of the defective product.
When does a product considered to be defective?
The product is defective, when it does not meet the quality requirements valid at the time of its marketing, or if it does not have the features given in the description of the manufacturer.
What is the term of enforcing your demand for warrantee of merchantability?
You can enforce your demand for warrantee of merchantability within two years from marketing of the product by the manufacturer. After elapse of this term your authority is lost.
Whom you can enforce against your demand for warrantee of merchantability?
You can exercise your demand for warrantee of merchantability only against the manufacturer or the distributor of the product. In case of enforcement of the demand for warrantee of merchantability you have to prove the defect of the product.
When is the manufacturer (distributor) exempted of his obligation of warrantee of merchantability?
The manufacturer (distributor) is exempted of his obligation of warrantee of merchantability, if he can prove that:
• the product was not manufactured or distributed in his business scope, or
• the defect was not recognisable at the time of selling the product as per the state of art of the science and technics, or
• the defect of the product comes from the use of legal rules or mandatory authority stipulations.
The manufacturer (distributor) has to prove only one reason for exemption.
Your attention is called that no liability for defect and warrantee of merchantability may be claimed at the same time and in parallel. In case of successful enforcement of your warrantee of merchantability however, you can enforce your right of liability for defect against the manufacturer in respect of the replaced product or the repaired part.
Which are the cases when you can exercise your right for guarantee?
In case of faulty fulfilment mandatory guarantee is valid for the contract.
What are your rights of guarantee and what is the deadline of enforcement?
Governmental decree on mandatory guarantee for certain durable consumer goods; The cases of mandatory guarantee are determined by governmental decree No. 151/2003 (22nd Sep) In case of Products not included in this scope the Seller does not undertake guarantee. The guarantee claim can be enforced in the guarantee period. Should the party obliged with the guarantee liability fails to meet his obligations - at the request of the entitled - in the guarantee period, then the guarantee claim may be enforced before the court within three months after elapse of the set deadline, even if the guarantee period has expired. Missing of this deadline results in loss of rights. Otherwise the enforcement of the guarantee demands is subject to the regulations referring to practising of the rights of liability for defect. The guarantee period is one year. Missing of this deadline results in loss of rights. The guarantee period begins with the date of handing over of the product to the consumer, or in case putting into operation is performed by the enterprise or its representative, then with the date of putting into use. In case of possible guarantee claims over one year please turn to the manufacturer!
Mandatory cases of guarantee:
1. Household appliances over 10.000.- HUF of selling price, so in particular refrigerators, freezers, combined refrigerators, electric ovens, washing machines, centrifuges, drying machines and any of their combinations, dishwashers, irons, water heaters, heating, air conditioning and other air regulators, vacuum cleaners, steam cleaners, carpet cleaning machines, floor scouring and polishing machines, sewing machines, knitting machines, boilers and pumps;
2. small electric kitchen machines over 10.000.- HUF of selling price, so in particular microwave ovens, bread makers, roasters, coffee makers, percolators, kettles, kitchen robot machines, grills, fryers, waffle makers, doughnut makers, wafer makers, sandwich makers, electric griddles, electric pizza ovens, electric roasting pots, electric pans, electric popcorn makers, electric contact grills, rotisseries, mini ovens, rice cooking devices, pasta cookers, egg cookers, food steamers, convection vessels and fruit dryers;
3. gas appliances over 10 000.- HUF, in particular gas cookers, gas convectors, gas boilers, gas grills, gas stools, gas burners, gas lamps;
4. motorized garden machines and non-motorized devices over 10 000.- HUF of selling price, in particular cultivators, lawn mowers, mowers, grass cutters;
5. motorized hand tools over 10.000.- HUF of selling price, in particular chain saws, drilling machines, hammer drills, angle grinders, circular saws, planes;
6. medical aids and devices with at least one year of wear time and sunglasses over 10 000.- HUF of selling price;
7. health preserving products and devices over 10.000.- HUF of selling price, so in particular, electric massagers, magnetic products, light therapy devices;
8. means of transport over 10.000.- HUF of selling price, in particular bicycles, electric bicycles, electric rollers, quads, motorcycles, scooters, passenger cars, campers, caravans, trailer caravans and trailers;
9. motorized watercrafts over 10.000.- HUF of selling price;
10. child care articles over 10.000.- HUF of selling price, so in particular changing and washbasin stands, prams, high chairs and table-top high chairs, safety seats;
11. child observer systems over 10.000.- HUF of purchase price, in particular breathing monitors, heart tone monitors, baby guards;
12. swings and slides and other children toys needing similar activities for indoor and outdoor home use over 10.000.- HUF of selling price;
13. lighting products over 10.000.- HUF of purchase price, in particular lamps and light sources;
14. safety alarm and signalling devices over 10.000.- HUF of selling price;
15. electronic telecommunication terminals over 10.000.- HUF of selling price, in particular phones, mobile phones, faxes, multifunctional devices;
16. telecommunication devices over 10.000.- HUF of selling price, so in particular answering machines, speakerphones, satellite receivers and AM micro antenna systems and their parts, televisions, projectors, video recorders, radios, car radios, radio alarm clocks, satellite positioning devices, gramophones, tape and cassette players, CD recorders and players, DVD recorders and players, game consoles, Blue-ray players and recorders, desktop media players, individual sound systems, mixing desks, amplifiers, loudspeakers, microphones, earphones and head-sets;
17. IT devices over 10.000.- HUF of selling price, so in particular desktop computers, notebooks, laptops, tablets, PDA-, monitors, printers, scanner, cameras, films and sound recorders, video cameras and camcorders, dictaphones, photoprinters, film- and diapositive scanners, MP3 and MP4 players, portable media players, pendrives, memory cards, battery chargers, computers and pocket calculators.
18. office devices over 10.000.- HUF of selling price, in particular shredders, photocopiers, laminators;
19. overhead projectors and film technology equipment over 10.000.- HUF of selling price, in particular film- and overhead projectors, film magnifiers, developers and film processing equipment;
20. optical products over 10.000.- HUF of selling price, in particular binoculars, glasses, microscopes and telescopes;
21. musical instruments over 10.000.- HUF of selling price;
22. watches and jewellery over 10.000.- HUF of selling price;
23. indoor and outdoor furniture, mattresses over 10.000.- HUF of selling price;
24. measuring instruments, generators, supply units over 10.000.- HUF of selling price;
25. firearms over 10.000.- HUF of selling price;
26. sports equipment and devices for hunting and fishing over 10.000.- HUF of selling price;
27. electric beauty products over 10.000.- HUF of selling price, in particular hairdryers, hair stylers, body hair clippers, epilators and electric shavers;
28. fur clothing products over 50.000.- HUF of selling price made of noble and semi-precisious fur skin;
29. accessories and parts of the products belonging to the enlisted groups of articles over 10.000.- HUF of selling price.”
When will the Seller be exempted from his guarantee obligation?
The Seller is exempted from his guarantee obligation only in case he can prove that the reason of the defect emerged after fulfilment.
Your attention is called that no liability for defect, guarantee demand and warrantee of merchantability may be claimed at the same time and in parallel for the same defect, however you are entitled to your guarantee rights irrespective of the warrantee rights.
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