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Terms and Conditions

General terms and conditions

www.europeancreams.com

 

Preamble

This website is in English language, intended for English speaking customers only. If you do not speak English, please leave the site by closing the applicable tab on your browser.
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Welcome to our website! Thank you for honouring us with trust by shopping in our webshop.  Please read this document carefully before finalizing your order, since by completing the order procedure You will accept the content of this GTC.

Should you have any question in connection with these General Terms and Conditions, use of the webpage, any of the products or shopping procedure, or if you wish to discuss any special demand with us, do not hesitate to contact our colleague by using contact details provided on the website.
  1. Impressum: data of the Service Provider (Seller, Enterprise)

Data of the Service Provider

Name:  ENIKO KARDOS E.V.

Registered office: 2120 Dunakeszi, Toldi u. 41/b

Mailing address:  2120 Dunakeszi, Toldi u. 41/b

Registration Authority: Municipal Corporate Court, Budapest, Hungary

Corporate registration number

Tax number

Representative: Eniko Kardos

Telephone number: +36 30 654 1989

E-mail: contact@europeancreams.com

Webpage: www.europeancreams.com

Data protection registration number: -

Data of the hosting service provider:

Name: Shopify  Inc.

Registered office150 Elgin Street, 8th Floor, Ottawa, Ontario, Canada K2P 1L4

Phone number:  (613) 241-2828

E-mail address: privacy@shopify.com

  1. Definitions

Parties mean the Seller and Customer collectively.

Consumer means any natural person who is acting for purposes which are out of the scope of his trade, profession or business activity

Consumer contract means any contract to which one of the parties is qualified as consumer

Webpage means website www.europeancreams.com, which is qualified as means of distance communication

Contract means the contract of sale to be concluded between the Seller and Customer by using the Webpage and electronic mail

Means of distance communication has reference to the means used for making contractual statement for conclusion of the contact. Such means include, in particular, forms with or without address, standard mails, advertisements published with an order form in press, catalogues, telephone, fax and any device ensuring the internet access

Distance contract means any consumer contract that is concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties with the exclusive use of means of distance communication

Product means any marketable tangible movable item, indicated in the offer of the Webpage, that is marketed on the Website and intended for sale, can be acquired and forms object of the Contract

Enterprise/Seller means a person acting within the scope of his trade, profession or business activity

Customer/You means a person entering into the contract and making bid through the Webpage

Commercial guarantee in the case of contracts between the consumer and enterprise (hereinafter: consumer contract) means the compulsory guarantee applicable to consumer contracts specified in the Civil Code and separate legislation

  1. Applicable laws

The laws specifically applicable to the Contract are as follows:

Act CLV of 1997 on Consumer Protection;

Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services;

Act V of 2013 on the Civil Code (Civil Code);

Gov. Decree no. 151/2003. (IX. 22.) on compulsory guarantee for certain consumer durables;

Government Decree no. 45/2014 (II.26.) on the detailed rules for contracts between consumers and enterprises;

NGM  Decree no. 19/2014. (IV.29.) on the procedural rules for administering guarantee and warranty claims on products sold to consumers under a contract between the consumer and enterprise

  1. Scope, acceptance and amendment of GTC

The content of the contract to be concluded between us shall be governed by these General Contract Terms and Conditions (hereinafter: GTC) - apart from the provisions of the relevant binding laws - as well as by the information available on the Webpage. Accordingly, this GTC contains the rights and obligations pertinent to You and us, terms of conclusion of the contract, terms of fulfilment, delivery and payment terms, rule of liability rules and the terms for exercising the right of withdrawal.

You are required to gain proper understanding of the provisions of this GTC prior to finalizing Your order. By shopping in the webshop You shall accept the provisions of this GTC, which shall form integral part of the contract to be concluded between You and the Seller.

The Seller shall be entitled to amend the provisions of this GTC in accordance with relevant laws. Please read through the provisions of this GTC carefully before every shopping. Any possible amendment to GTC shall be valid from the publication thereof on the webpage. Any possible amendment shall have no effect on the contracts already concluded until then (confirmed orders).

  1. Language and form of the contract

The language of the contracts falling within the scope of this GTC shall be English.

The contracts falling within the scope of this GTC shall not qualify as written contracts; they shall not be registered by the Seller.

  1. Prices

The prices are indicated in Hungarian Forint, Euro, British Pound and US Dollar, and they shall include VAT to the amount of 27 %. We reserve the right to change prices. The purchase price indicated next to the products shall not include the delivery charges.

  1. Handling complaints and remedies

The consumer may submit his/her complaints related to the Seller’s activity by using the following contact details:

  • Telephone: +36 70 945 2230
  • Internet address: www.europeancreams.com
  • E-mail: contact@europeancreams.com

The Seller shall use his best efforts to perform repairs or replacement not later than within fifteen days. Should the consumer disagree with the complaint handling, or if the complaint cannot be investigated the Seller shall draw up minutes without delay on the complaint and his standpoint related thereto, and then the Seller shall hand over or e-mail a copy of the minutes to the consumer. The Seller shall draw up minutes on the consumer’s claim submitted and take over the product with any defect falling under guarantee.

In case the consumer dispute between the Seller and consumer is not settled through negotiations, following remedies are available for the consumer:

Submitting a complaint to the authorities for consumer protection. If the consumer detects the violation of his/her consumer rights, he/she shall be entitled to submit complaint to the authority for consumer protection with competence according to the place of residence of the complainant. Following the review of the complaint the authority shall decide on the conduction of the consumer protection proceedings.

Any possible disputes arising from the contract shall be governed by Hungarian law; the legal forum with exclusive jurisdiction shall be the court with competence according to the registered office of the seller/enterprise.

  1. Platform for online dispute resolution

The European Commission has set up a webpage on which consumer can register; in this way they will be able to resolve their disputes related to the online purchases by completing an application form so as to avoid judicial proceedings. Consequently, consumers can enforce their rights without being prevented from that e.g. by the distance.

If You intend to make a complaint in relation to any product or service purchased online and You do not want to go to court, then You can use the platform of online dispute resolution.

You and the trader against whom You have lodged the complaint can jointly choose the dispute resolution body to deal with the complaint.

The platform for online dispute resolution is available on website https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

  1. Copyrights

Under section 1 (1) of Act LXXVI of 1999 on copyrights (hereinafter: Copyright Act) the website is qualified as a copyrights work, therefore each pat thereof falls under copyright protection. Under Section 16 (1) of the Copyright Act unauthorized use of graphic or software solutions and computer program creations as well as use of any application by which the website or any part thereof can be altered is forbidden. Any material can be taken over from the website or the data base thereof with the written consent of the right holder only with reference to the website or by indicating the source.

The right holder: Shopify Inc.

  1. Severability clause, code of conduct

If this GTC is incomplete in legal terms or invalid, this shall have no effect on the remaining provisions which shall continue to be in force, and the invalid or imperfect terms shall be replaced by the applicable provisions.

The Seller has no code of conduct according to the act on the prohibition of unfair commercial practices.

  1. Function of the digital data content, technological protection measures

Availability of the servers providing data displayed on the website is over 99.9% annually. The full data content is constantly saved; as a result, in the case of trouble the original data content can be restored. The data displayed on the website are stored in MSSQL and MySQL database. The sensitive data are stored with appropriate encryption, and for their encoding we use hardware support built in processor.

  1. Information on the essential properties of the products

We provide information on the essential properties of the products to be purchased in the description of each product. The data of products on the page are only for information. The photos are for illustration; in some cases the colours could be incorrect.

  1. Correction of data input mistakes – Liability for the verity of the provided data

When placing Your order, You will have the opportunity to modify the data You have entered all over the procedure, before finalizing the order (by clicking on browser’s Back button the previous page will open, so the entered data can be corrected even if You have already moved on to the next page). Please remember that it is Your responsibility that the data provided by You should be entered correctly, since the product will be invoiced and delivered according to the data provided by You. By placing Your order, You will acknowledge that the Seller shall be entitled to pass any damage or cost incurred by him due to Your incorrect input data to You. The Seller refuses to assume liability for performance based on incorrect data input. We call Your attention to the fact that the e-mail address incorrectly provided or fullness of the data storage behind Your mailbox may give rise to the failure to deliver the confirmation and it may impede the conclusion of the contract.

  1. Procedure in the case of incorrect prices

Sometimes incorrect prices could be displayed on the website, e.g. due to technical failure. In the case of any defective price we cannot accept the order (Your bid) at the incorrect price, and we are not obliged to sell the product at the incorrect price. No contract shall be concluded between us in the case of bid made at any incorrect price. If You make a bid at an incorrect price, the system shall automatically confirm it, however, this shall not qualify as acceptance of the bid by us. In the case of bid (order) made at an incorrect price by You, the Seller’s colleague shall remind You of the correct price and offer the conclusion of the contract. You shall not be required to make bid and conclude contract at the correct price communicated by the Seller, instead of the incorrect one. In such case no contract shall be entered into between the parties.

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