General Terms and Conditions of Contract

General Terms and Conditions of Contract

The present General Terms and Conditions of Contract (hereinafter GTCC) contains the rights and obligations of GOODWILL Kft. (Head office: 4034 Debrecen, Nagyecsed u. 7., tax reference number 10237621-1-09, hereinafter Provider); and customers using the online shopping services offered on the www.litraconjewellery.com website (hereinafter Customer). The common term for Provider and Customer shall hereinafter be Contracting Parties.

COMPANY DATA
Company name: GOODWILL Kft.
Head office: 4034 Debrecen, Nagyecsed u. 7.
Company registration number: 09-09-000025
Registered at: Companies Registry, Debrecen
Tax reference number: 10237621-1-09
Executive: Faludi Gáborné
Telephone: 06 70 372 5027
Email address: info@faludig.com

Customer service: 06 70 624 4570
Website host’s name: Idea.Net Kft.
Website host’s address: 4225 Debrecen, Teleki u. 60.
Website host’s email address: info@ideanet.hu

2. General information
Present GTCC is valid for online shopping in Hungary at the electronic retail shop (hereinafter the Webshop) through the www.litraconjewellery.com website (hereinafter the Website).
Commerce in the Webshop can only be conducted electronically according to the rules set out in the GTCC. The relevant legislation concerning Provider and Customer are the Government Decree 45/2014. (II.26) on Distance Contracting, and Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services.

3. Goods offered for sale, description of products
The stones of Litracon Jewellery products are made of translucent concrete (light-transmitting concrete/Litracon). The unique, characteristic pieces of our collections are designed and handcrafted at the Faludi G Jewellery Manufacture. We are continuously widening the range of our products.

4. Registration, placing orders
At our webshop placing orders is not conditional on prior registration. At the first purchase the following information is required:
Surname, first name
Address (town, county, postal code)
Telephone number
For registration a username and password are also required.
The Provider shall not be liable for losses resulting from the Customer forgetting the password, or if it becomes accessible to unauthorised persons through no fault of the Provider.
The first step to start a purchase is clicking on the Webshop. To order the chosen article, all Customer has to do is click on the basket icon below the picture of the article. The price is written below the chosen article. Prices are marked in Hungarian Forints and they include VAT. The cost of delivery is not included in the prices. If, in spite of all the care taken by Provider, a wrong price appears on the web page (especially if it differs significantly from the generally accepted or estimated value, or if the price of 0 Ft or 1 Ft appears, possibly caused by a system error), Provider is not obliged to sell the article at the wrong price, but can offer it at the correct price, in which case Customer has the right to withdraw from fulfilling the contract.
Thus the chosen article is placed in the Customer’s basket. Customer can now choose further articles, or place an order for the chosen item and move on to payment.
By clicking on the word ‘basket’ at the top of the page, Customer can view all the chosen items of jewellery or decide to remove them from the basket.

Placing orders
To place the order for the chosen items of jewellery, Customer has to click on the icon ‘move on to the till’, ’pay now’ and fill in the form with the information required for invoicing and delivery. The order will only be accepted by Provider if Customer fills in all obligatory fields with the required information. Provider shall not be liable for delayed delivery or any other problems resulting from inaccurate or incomplete information submitted by Customer.
Clicking on the ‘order’ icon now will complete the placing of the order. By sending the order, Customer accepts the GTCC and agrees to be bound by it. Provider shall automatically send a receipt of the order to Customer by email. If the receipt fails to arrive within 48 hours of placing the order, both Provider’s obligations concerning the offer and Customer’s obligations are annulled automatically and unconditionally.
The system now starts the actual processing of the order. After the completion of processing Provider shall notify Customer via email about the expected time of delivery, or delay in the delivery of items in case there is a shortage of raw materials in store. In this case Customer has the opportunity to choose a different product, or delete that particular item from the order list. Finally Provider shall notify Customer via email again when the parcel is ready for delivery.

5. Payment methods, delivery
Payment can be made by bank transfer. The GOODWILL Kft. invoice containing the price of goods and the delivery charge is enclosed in the parcel, or handed over personally to the recipient. All items are delivered in purpose-made soft tissue paper wrapping in a protective padded envelope.
Customer can choose from the methods of delivery listed below:
– DPD
– Taking over goods personally at Provider’s Debrecen, Köleséri S. u. 32. premises
On the day of the GTCC entering into force delivery charges are as follows:
DPD Hungária Kft.
Payment by bank transfer: HUF 1.390 / parcel
Delivery of parcels with the total value exceeding HUF 20.000 are free of charge.

If payment is by bank transfer, the delivery deadline of items of jewellery held in stock is 2-8 working days within the money credited to the account of GOODWILL Kft; if payment is made personally in cash, the delivery deadline is 2-8 working days within GOODWILL Kft.’s receipt of the order.
The delivery deadline of items of jewellery not held in stock, if payment is by bank transfer, is 4-8 working days within the money credited to GOODWILL Kft.’s account; if payment is made personally in cash, the delivery deadline is 4-8 working days within GOODWILL Kft.’s receipt of the order.

6. The right to cancel orders
Pursuant to Article 20 of Government Decree 45/2014 (II.26.), Consumer may withdraw from fulfilling the contract of sale without offering an explanation within 30 days of:
– taking over a single item purchased,
– taking over the last item of several purchased at the same time but delivered at different times,
– taking over the last component of an item that has to be assembled of several parts.

The above rules do not prevent the Customer to exercise his/her right to withdraw from fulfilling the contract at any time between the contract entering into force and Customer taking over the goods.

In case of exercising the right to withdraw from fulfilling the contract, Customer is liable to notify Provider via email or letter sent by post to the address below:

GOODWILL Kft.
4034 Debrecen, Nagyaecsed u. 7.
email address: info@litraconjewellery.com

The request to withdraw from the contract is deemed valid if it is sent by Customer before the deadline set out above.
If Customer withdraws from the contract between distant parties or in care of online shopping, Provider shall refund the full amount paid by the Customer, including all expenses in connection with the fulfilment of the contract, without delay but no later than within 14 days of receiving notification of the Customer’s decision to withdraw.
If the withdrawal complies with legal requirements, Provider shall refund the full amount by the same method the payment was made. Provider may use a different method at the express wish of the Customer, as long as it does not burden the Customer with any extra expenses.
If Customer chooses a delivery method other than the most economical method offered, Provider shall not be liable to refund the resulting extra expenses.
In the case of a contract of sale Provider may withhold the refundable sum until Customer hands the product back or produces irrefutable proof that the product has been returned; the date of the earlier event shall be taken into consideration. Provider may not withhold funds if he previously accepted resposibility for collecting the product.

If the Customer withdraws from from the contract between distant parties or in care of online shopping, the Customer shall be liable to return or hand over the product to the Provider or the person authorised by the Provider without delay but no later than within 14 days of notification, except if Provider previously accepted responsibility for collecting the product.

The Customer is liable to pay only the expenses incurred when returning the product.
If the product was delivered to the Customer at the time of setting up the contract of sale in care of online shopping, Provider is liable to collect it if it is not possible to send by mail.

The Customer is liable to pay compensation for depreciation above the naturally occurring wear and tear of the product.

7. Lack of conformity
Pursuant to Act V of 2013 on the Civil Code, lack of conformity means when the Provider’ performance fails to comply with the quality requirements laid down in the contract at the time of fulfilment. The Provider is not liable for lack of conformity if the Customer was or should have been aware of the lack of conformity at the time of the conclusion of the contract.
Any clause in the contract that deviates from the provisions on warranties and commercial guarantees to the Customer’s disadvantage shall be deemed null and void.
Information about warranty, product guarantee and commercial guarantee can be accessed by clicking on the following link:
Presumption of lack of conformity
In the case of a contract of sale it must be presumed until proof is produced to the contrary that the defect spotted by the Customer within 6 months of the purchase must have been present at the time of fulfilling the contract, expect if the presumption is incompatible with the product or the nature of the defect.

Warranty rights
1. On the basis of a contract of sale the Provider shall be liable to provide warranty for lack of conformity.
2. On the basis of warranty rights, the Customer shall have the option:
a) to choose either repair or replacement, of the defective product, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Provider as compared to the alternative remedy, taking into account the value of the service would have had had there been no lack of conformity, the significance of the non-performance, and the harm caused to the Customer upon compliance with the warranty right; or
b) to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Provider’s expense, or to withdraw from the contract if the Provider refuses to provide repair or replacement or is unable to fulfil that obligation, or if repair or replacement no longer serves the Customer’s interest.
3. The Customer is not entitled to withdraw from the contract if the lack of conformity is minor.

4. Any repair or replacement shall be completed within a reasonable period of time, without causing significant incovenience to the Customer, taking into account the nature of the product and the purpose for which the Customer required it.

The Customer shall be entitled to switch from the warranty right he has chosen to another. The cost of switching over shall be borne by the Customer, unless it was necessitated by the Provider’s conduct or for other reasons.

1. The Customer shall be required to inform the Provider of any lack of conformity without delay.

2. If notification is made within two months of the time the lack of conformity is detected, it shall be deemed that notification was made in due time.

3. The Customer shall be liable for any damage that results from late notification.

In connection with a contract of sale, the Customer’s right to warranty shall lapse after two years from the delivery date.
The limitation period shall be suspended for the time during which the Consumer cannot use the product due to it being repaired.
As regards any part of the product that has been repaired or replaced, the limitation period for the right to warranty shall recommence. This provision shall apply also to defects emerging in consequence of repair.

Any guarantee claim that is made for a specific defect shall be deemed satisfied in due time for all other associated defects.
If the Customer files a guarantee claim only for a specific (in terms of the given defect) part of the product, the guarantee claim shall not be deemed as having been made for the product’s other parts.

The conditions of the Customer exercising his right to product guarantee are the prompt notification of the manufacturer of the lack of conformity and presenting/sending the invoice or a copy of it within six months of the fulfilment of the contract. After the limitation of six months Customer shall be liable to produce proof that the lack of conformity already existed at the time of the fulfilment of the contract. The costs incurred in connection with the fulfilment of guarantee obligations shall be borne by the Provider.

If a defect is attributable in part to the Customer’s failure to fulfil maintenance obligations, the costs incurred in connection with the fulfilment of guarantee obligations shall be covered by the Customer to the extent commensurate to his involvement, if he had sufficient information relating to maintenance, or if the Provider has provided the information required to that effect.

Product guarantee
Pursuant to Act V of 2013 on the Civil Code, in the case of lack of conformity the Customer has the right to choose between product guarantee and commercial guarantee.

In case of lack of conformity of any movable property sold by the Provider to the Customer, the Customer shall have the right to demand from the manufacturer to have the product repaired or – if repair is not possible within a reasonable period of time and without harming the Customer’s interest – to provide a replacement. A product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.
Manufacturer shall mean anyone who manufactures and places the product on the market.
The manufacturer shall be relieved of product guarantee obligation if able to prove that:
a) he manufactured or placed the product on the market in the course of operations other than in the course of its business activities or for purposes relating to his profession;
b) the state of scientific and technical knowledge at the time of placing the product on the market was not such as to enable the discovery of the existence of a defect; or
c) the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.

The warranty obligation relating to the replacement product in the case of replacement, or to the part repaired shall be assumed by the manufacturer.

The Customer shall be required to inform the manufacturer of any lack of conformity without delay. If notification is made within two months of the time the lack of conformity is detected, it shall be deemed that notification was made in due time. The Customer shall be liable for any damage resulting from late notification.
The manufacturer shall remain subject to product liability for a period of two years effective from the of placing the given product on the market. This deadline shall apply with prejudice.

The right to product guarantee and the right to commercial guarantee may not be exercised simultaneously.

Commercial guarantee
The Customer’s rights to warranty in connection with the purchase of durable goods are as stipulated in Government Decree 151/2003 (IX.22.). Pursuant to the Amendment of Government Decree 151/2003 (IX.22.) the customer may exercise the right to warranty enforceable against the Provider within one year of delivery of durable goods listed in the Amendment. Pursuant to subsection 22 of the Amendment a warranty period of 1 year shall be guaranteed for articles of jewellery with a value totalling over HUF 10.000. Provider shall be released from liability if he is able to prove that the cause of the defect occurred after the delivery of the product. The Customer’s right to product guarantee and commercial guarantee may not be exercised simultaneously, but the Customer’s right to warranty remains unaffected.

The Customer may inform the Provider about his complaints concerning the Provider’s behaviour and activities in connection with the marketing and trading of products personally or in writing at the following addresses:

GOODWILL Kft. 4034 Debrecen, Nagyecsed u. 7.
email: info@litraconjewellery.com
telephone: 06 70 372 5027

Pursuant to Act CLV of 1997 verbal complaints shall be promptly investigated and remedies found. If the Customer is not satisfied with the handling of the complaint, or the immediate investigation of the complaint is not possible, the Provider shall take a written statement, a copy of which shall be handed over to the Customer. The provider shall investigate the complaint and send his response with explanation in writing to the Customer within 30 days of lodging the complaint.

The minutes of the verbal complaint lodged via email or telephone shall be forwarded to the Customer together with the response at the latest.
The Provider shall give an individual reference number to the minutes of the verbal complaint lodged via email or telephone.
The minutes of the complaint shall contain:
a) the Customer’s name and address;
b) the location and time of lodging the complaint;
c) the detailed descripition of the complaint, list of documnents and other proof produced by the Customer;
d) the statement of the Provider’s opinion about the Customer’s complaint, in the case of finding a remedy promptly is possible;
e) signatures of the person taking the minutes and the complainant, except if the complaint is lodged via email or telephone;
f) the location and time of taking the minutes;
g) individual reference number in the case of lodging the complaint via email or telephone.
Written complaints shall be investigated and answered in detail in writing. The Provider is liable for explaining the reasons for rejection of the complaint. The provider is obliged to keep the minutes of the complaint and a copy of the reply archived for five years and produce it at the request of the supervising authorities. If the Customer’s complaint is rejected wholly or in part, or remedy is not found within the time limit described above, the Customer may turn for legal remedy to the following authorities:

In case of the breach of Act CLV of 1997 on Consumer Protection procedure may be initiated at the regional consumer protection authority:
Hajdú-Bihar Megyei Kormányhivatal Fogyasztóvédelmi Felügyelősége
4024 Debrecen, Tímár u. 17-19
Telephone: +36 52 533 924
Fax: +36 52 327 753
email: fogyved_eaf_debrecen@nfh.hu

In the case of disputed complaints in connection with the quality, safety, terms and fulfilment of contract Customer may turn for help to an arbitrator:
Hajdú-Bihar Megyei Békéltető Tesület (Conciliatory Authority)
4025 Debrecen, Petőfi Square 10.
Telephone: +36 52 500 749
Fax: +36 52 500 720
email: info@hbkik.hu

To deal with the complaint Provider may require the following information from the Customer:
* Customer’s name
* Customer’s address of residence, mailing address
* Customer’s telephone number
* required method of correspondence
* serial number or other identification code of the product subject to the complaint
* description, reason of complaint
* remedy required by Customer
* copies of documents and other proof in Customer’s possession supporting the complaints
* any other data required for investigating and remedying the complaint.
All information provided by the Customer shall be handled pursuant to Act CXII of 2011 on Informational Self-Determination and Freedom of Information (‘Privacy Act’).
All written correspondence in connection with the complaint – including the minutes if the complaint was lodged verbally – and copies of the replies shall be archived by Provider for a period of five years. After this time limit all data and documents shall be discarded or erased. Personal data stored in connection with the complaint shall be used by the Provider exclusively for the registration and remedying of the complaint.

Legal remedy
In case of disputed matters the contracting parties may turn to Debrecen District Court for legal remedy.

9. Coupons
During its promotional campaigns and games (on radio, website, newsletters, social media) GOODWILL Kft. may issue discount coupons for the participants. These may be issued also for
regular customers, entitling them to discounts above a certain price limit. Regular customers’ coupons are issued with individual codes, offering discounts proportional to prices, and can be used repeatedly. Coupons may be issued for one occasion only, offering discounts of 10% or 20%, or a fixed sum of HUF 1000 or HUF 2000. Discount coupons contain a code, the proportional or fixed sum of the discount and the deadline of validity. If the Customer places an order within the deadline of the coupon on the www.litraconjewellery.com/uzlet/ website according to the GTCC, and types the code in the appropriate field on the page, he will receive the product he ordered at the discount price.

10. Data protection
Using the personal data of visitors of the www.litraconjewellery.com website shall be conducted in accordance with Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest, Act CXIX of 1995 on the Use of Name and Address Information Serving the Purposes of Research and Direct Marketing, and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services.
Processing the personal data of our Customers shall be conducted in accordance with Act CXII of 2011 on Informational Self-Determination and Freedom of Information (‘Privacy Act’). The provider may store the Customers’ data in the interest of fulfilling contracts, and as evidence of the terms and conditions of the contracts. Data provided voluntarily (e.g. at the time of placing orders, or given at the request of the Provider) – in the absence of relevant legislation – may be used for marketing, market research, following market performance, or contacting Customers.

Provider does not fall within the purview of Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.

11. Copyrights

The contents of the website is the exclusive intellectual property of GOODWILL Kft., the publication in any form of parts of the website – including making them accessible to the public – is prohibited. Interfering with the contents electronically (e.g. using mirror images) and re-using it is prohibited even in unaltered form. Unauthorised use of the website shall result in legal action in accordance with criminal and civil law.

12. Miscellaneous

The security level of the webshop operated by the Provider is satisfactory, using it presents no risk. Shopping online requires the Client’s awareness of the technical limits of the Internet and the acceptance of the possibility of system faults of the technology. Provider shall not be liable for damages or loss caused by accessing the www.litraconjewellery.com website. The Customer is responsible for the protection of his computer and the data stored on it.

Present contract is classified as elctronic contract as defined in the Civil Code, 2013. V. law 6:82.
The original contract was formulated in Hungarian language.

Customers can send their comments and complaints concerning data processing issues to: National Authority for Data Protection and Freedom of Information, 1125 Budapest, Szilágyi Erzsébet fasor 22/c.

13. Validity
The present GTCC shall be valid until revocation.
GOODWILL Kft. reserves the right to change the terms and conditions of contract at any time without prior notice. Prices shown on the website are valid until revoked. GOODWILL Kft. reserves the right to change product prices, of which Customers shall be informed.

Valid as from 22 May 2015