The current General Terms and Conditions (hereinafter referred to as: Terms) describe the rights and obligations of Art On Me Kft. (hereinafter referred to as: Service Provider) and the rights and obligations of Client (hereinafter referred to as: Client) using the electronic commerce services of Service Provider according to Act CVIII. of 2001. (hereinafter: Hungarian E-Commerce Act.) through Service Provider’s website https://artonme.hu (hereinafter: Website).
The purpose of the Website operated by the Service Provider is to sell products (hereinafter referred to as: “product” or “products”), which can be ordered from the Website, on a commercial basis in accordance with the current Terms.
The current Terms shall be applied to all contracts and services which are made through the Website or referring to the Website between the Service Provider and the Client (hereinafter referred to as: Parties), irrespective of whether the delivery of such services were provided from Hungary or from abroad, by the Service Provider or any other collaborator. In case the Client acts during the transaction as a representative of a legal person or as a sole proprietor, then by accepting this Terms he/she declares that he/she makes this agreement in connection whit his/her profession, self-employment or business activity, therefore isn’t qualified as consumer in accordance with Act V. of 2013. of the Civil Code (hereinafter referred to as: Hungarian Civil Code) 8:1. § (1) paragraph, item 3. or Act CLV. of 1997. (hereinafter: Hungarian Consumer Protection Act) item 2. § a. On the other hand in case the Client is considered as a consumer according to the Hungarian Civil Code or the Hungarian Consumer Protection Act, then information on the Client’s consumer rights and obligations resulting from the transaction is made available by Service Provider in the Consumer Protection Information as a part of the present General Terms and Conditions.
1. DATA OF THE SERVICE PROVIDER
- Name: Art on Me Kft.
- Registered Seat: 9900 Körmend Munkácsy Mihály út 26.
- Registration Number: 18 09 114152
- Tax Number: 23407817-2-18
- Phone Number: +36 70 208 41 18
- E-mail Address: firstname.lastname@example.org
2. GENERAL PROVISIONS
- The Client shall fill out all the obligatory fields in the purchase order before sending it to the Service Provider. This will serve as a written contract between the parties, in English language. If the Service Provider makes a version of this Terms in any other language besides English, the Terms shall be governed by the English version.
- Service Provider shall not be liable for consequences (errors or damage, for example not reaching the activator code) resulting from inaccurate or incomplete information provided by Client. At any time Service Provider has the right to verify via e-mail (through the e-mail address provided in the company register or in other official document) or via verifying programs (Opten, Bisnode) whether for example the person sending the order is entitled to represent the Client. Based on the result of the verification process the Service Provider is entitled to change the conditions of the service, or to deny fulfilling the purchase order. The Service Provider bears no responsibility for any damages for reasons not attributable to the Service Provider (for example, if the Client forgets the e-mail address or if this address becomes available to third parties). The Service Provider manages every order as an individual Client. No liability shall arise on behalf of the Service Provider for damages and errors caused by changes in the data provided by Client.
- Maintaining the confidentiality of user data shall be the exclusive responsibility of the Client. Should the Client becomes aware of an unauthorized third party having access to its e-mail address, it shall notify the Service Provider immediately.
- Client – when it’s necessary – agrees to update the personal data provided during the ordering process in order for those to be accurate, complete, and current. Such updates shall be sent by Client via e-mail. Any extra costs resulting from the failure of sending proper updates to Service Provider on the changes of Client’s data shall be the Client’s responsibility.
3. DUTIES OF THE SERVICE PROVIDER
- The duty of the Service Provider is to provide the ordered products for the Client in accordance with these Terms. The place of performance is the registered seat of the Service Provider.
- It is the Service Provider’s responsibility to provide the ordered products to the Client as defined in the contract.
- If the Client provides the place of delivery for the Service Provider, the ordered products shall be delivered to the address provided. The Client shall bear all the cost relating to the delivery.
- The ordered products shall be of a quality and performance that are normal in services of the same type and that the Client can reasonably expect, given the nature of the services and taking into account any public statements on the specific characteristics of the services made about them by the Service provider.
4. PAYMENT TERMS
- Following the sending of the order the Client shall receive an e-mail from the Service Provider, in which the Client may choose a payment method and provide the address of delivery.
- Following payment, Service Provider shall send an e-mail for the Client, which includes the verification of the order, the delivery date and the invoice. The Service Provider may deliver the ordered product for an exact date on the Clients separate claim.
- The Client shall examine the ordered product at the time of the delivery and sign the dated receipt. Subsequently, the Service Provider may not accept any complaint. In case that the Clients recognizes any failure at the time of the delivery, the employee of the courier shall instantly make a record of this fact.
- This requirement shall be applied to any order done by e-mail, phone, on website or in person.
5. DUTIES OF THE CLIENT
- The Client is obliged to pay the purchase fee of the ordered product in accordance with the provisions of the current Terms.
- Payment of the fee. Client’s duty includes all the necessary measures and the maintenance of formalities to the contract or any regulation, in particular the regulations of the Hungarian Civil Code and the Hungarian E-Commerce Act to ensure the completeness of the payment. The Client, unless otherwise agreed between the Parties or determined within this Terms, shall complete the payment before the Service Provider provides the ordered product to the Client in accordance with this Terms.
- Long time regular Clients of the Service Provider may depart from the current Terms on the basis of a separate agreement to claim a complementary copy from the Service Provider.
6. TERMS OF ORDERING
- The characteristics of the products are described in a specific information site.
- The purchase fee of the products is published in HUF in a manner that contains VAT. In any case that the language of the Website changes, purchase fees shall be published in HUF as well.
- It is not necessary to register on the Website for the ordering of the products. The Clients may select the products he or she intends to order by clicking the “Cart” (list that collects all the orders of the Client) button. The Client may modify the content of the Consumer Basket at any time. For the finalization of the order, the Client shall provide his or her data of invoice and delivery. Prior sending the order, the Client has the option to check the finalized order.
- To send the order, the Client has to click the “Place Order” Ordering and payment obligation is generated for the Client by the arrival of the confirmation letter sent by the Service Provider.
- The Service Provider is entitled to modify the purchase fee of the products in a way that the modification is effective as of its publication on the Website. In such case, the purchase fee of the ordered products is not affected. Any obvious mistake that appears on the Website concerning the purchase fees of the products (such as 0 HUF) despite all the diligence activities of the Service Provider, the Service Provider is not obliged to perform the orders for that purchase fee, however it may offer to deliver the product for the correct purchase fee to the Client; in such case the Clients may withdraw his or her order.
- The Service Provider may exclusively accept orders to which the Clients provides all the necessary data of his or her. In any obvious clerical errors during the ordering, the Website of the Service Provider instantly sends request for the Client. The Service Provider is not liable for the Client’s failure to provide punctual information concerning the order.
- By the sending of the order, the Client declares to accept all the conditions of the current Terms and Conditions.
7. REPAIRING ERRORS IN DATA ENTRY
- The Client has the possibility to correct any data entry error in each stage of the purchase order via e-mail.
8. ORDER OBLIGATIONS, ORDER CONFIRMATION
- Following the receiving of the Client’s purchase order (contract offer) the Service Provider shall send a confirmation to the Client via e-mail which includes the relevant data concerning the purchase order. The sole purpose of this e-mail is to inform the Client about the receiving of the purchase order.
- If the Client subsequently notices an error in the order data within the confirmation e-mail, he/she shall inform the Service Provider about it no later than 1 calendar day. In this case the Service Provider shall modify the purchase order according to the Client’s notice.
9. RESPONSIBILITY, APPICLABLE LAW
- In case that such data gets published by mistake that infringe the Client’s rights described in article 13 of the Hungarian E-Commerce Act, Service Provider shall fulfill its obligations regarding notification and removal of such data pursuant to the Hungarian E-Commerce Act. Service Provider shall also satisfy any notice or order from court or the authorities within the time frame mandated by law.
- Service Provider excludes all responsibility related to infringement implemented by the Client.
- The Hungarian law is applicable to the current Terms. Owning to the possible cross-border nature of the purchase process, the Client agrees to use the Website with regard to the provisions of the relevant / applicable national law. If any actions related to using the Website is forbidden in the Client’s country, responsibility shall exclusively arise on the behalf of the Client.
- If the Client takes notice of any objectionable content on the Website, he/she shall notify the Service Provider immediately. In condition that Service Provider deems such notification justified, it is entitled to delete or modify related content.
- In accordance with the Hungarian law, the Service Provider bears responsibility for the proper operation of the ordered product through guarantee and warranty defined in the Consumer Protection Information. In case of a non-consumer contract the Service Provider undertakes a 6-month warranty.
- Considering EK regulation 593/2008 (Rome regulation I.) article 6. paragraph (2) on law applicable to contract responsibilities, when the Client acting as a consumer has main residency at a location where the law provides higher protection to the Client than Hungarian law would, then law from Client’s main residency shall prevail.
10. INTELLECTUAL PROPERTY
- The Website, it’s image, text content and structural buildup carries a specific and original character, therefore it is protected by copyright law. The Service Provider is the copyright holder of the content presented on the Website: any author creation or other intellectual property. The Service Provider holds the exclusive right to use or to give permission to use the Website or any of its identifiable part in material or immaterial form. The Service Provider reserves exclusive right to the commercial use and right to grant permission to such use of the Website’s distinctive original design.
- Copying the content of the Website, saving the whole or parts physically or on other electronic medium or printing is exclusively permitted if the Service Provider permits it in written form. The Service Provider’s permission is required for using the Website’s particular title.
- In addition to the rights set out in the current Terms neither the registration, the usage of the Website, nor any provisions of the current Terms confer any right on Clients to use and make use of any trade names or trademarks included on the Website. The use is considered unauthorised in particular when the law or the entitled person does not permit it in contract, or if the user uses the product beyond the limits of authorization.
- Distorting or any modification of the Website or any misuse in connection with the Website which unduly prejudice to good reputation or honor infringes the individual rights of the Service Provider.
- Hereinafter the provisions of Act LXXVI of 1999 on copyright (Hungarian Copyright act) are relevant in other copyright issues related to the Website.
11. OTHER PROVISIONS
- The Service Provider is entitled to change the current Term’s conditions unilaterally with a prospective scope. The Service Provider shall inform the Clients about the changes through the Website. The precondition to use the Website following an amendment requires the Client to expressly accept these modifications through the Website. In the event of new terms, previous Clients may not cite the earlier version of the Terms as the established and consistent contractual practice between the parties even if they were not informed from the above changes.
- In any issues not governed by the current Terms, the rules of the Hungarian law, in particular the Civil Code, the E-Commerce Act, and Act C of 2003 on electronic communications shall be applied.
Date of entry into force: 1 October 2020