GENERAL TERMS AND CONDITIONS OF CONTRACT
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of Charlotte Kft. (hereinafter: Service Provider) and the customer (hereinafter: Customer) using the electronic commerce services provided by the Service Provider through the website available at the internet address franciababa.hu (Service Provider and Customer together hereinafter: Parties).
The GTC applies to all legal transactions and services that take place through the website www.franciababa.hu, regardless of whether they are performed from Hungary or abroad, by the Service Provider or its collaborators.
Service provider details
Name: Charlotte Ltd.
Headquarters: 2000 Szentendre, Dumtsa Jenő Street 7.
Mailing address: 2000 Szentendre, Dumtsa Jenő Street 7.
Email address: info@franciababa.hu
Company registration number: 13-09-162608
Tax number: 13679169-2-13
General information, formation of the contract between the Parties
The scope of these GTC covers all electronic commerce services that are carried out through the electronic store located on the website accessible at the internet address franciababa.hu (hereinafter referred to as the Web Store). Furthermore, the scope of these GTC covers all commercial transactions that are concluded between the Parties specified in this contract. Purchases in the Web Store are regulated by Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society (hereinafter referred to as the Elkertv.).
Purchases in the Web Store are possible by placing an order electronically, as specified in these GTC.
A significant portion of the Web Store's services are available to all users, even without registration. However, some services require registration – and then login – which anyone is entitled to, as set out in these GTC.
The contract concluded between the Parties by purchasing the product in Hungarian is considered a written contract, the Service Provider files it and keeps it for 5 years after its conclusion, and it is accessible afterwards. The Customer can view the contract concluded between the absent parties by logging into his registered account under the “My Orders” menu item, from where the contract can be saved or printed.
The language of the contract is Hungarian.
The Service Provider does not submit itself to the provisions of any code of conduct.
Customer service
Customer service office location: 2000 Szentendre, Dumtsa Jenő Street 7.
There is no possibility of personal reception at the customer service address. The Customer can only contact the customer service via e-mail.
Mailing address: 2000 Szentendre, Dumtsa Jenő Street 7.
Email: info@franciababa.hu
The images displayed on the product data sheets in the Web Store are illustrations and may differ from reality! The Service Provider is not responsible for any changes to technical descriptions, the supplier, or any changes made without prior notice due to reasons beyond its control.
The Service Provider reserves the right to reject already confirmed orders in part or in full. Partial fulfillment may only take place after consultation with the Customer.
The Customer acknowledges that after placing an order in the Web Store, as a result of the confirmation by the Service Provider, a distance purchase contract for the ordered product is concluded between him and the Service Provider. The Customer expressly acknowledges that his order in the Web Store entails a payment obligation.
- Registration
Registration can be done under the “Registration” menu item on the Home Page, by filling out the form there, or by embedding it in the payment process. Under the “Registration” menu item, a real e-mail address, name and a chosen password must be entered. After entering the data, the registration is created, of which a confirmation message is sent to the provided e-mail address. If the Customer proceeds from the Cart page with the intention of purchasing and paying, in that case the registration can be carried out in a simplified manner, by entering only a real e-mail address. In this case, a confirmation message is sent to the provided e-mail address, which also contains a link for setting a password. By registering on the Web Store, the Customer declares that he has read and accepts these GTC and the terms of the Data Protection and Data Management Information published on the Web Store, and that he consents to the data processing contained in the Data Protection and Data Management Information.
The Service Provider is not liable for any delivery delay or other problems or errors attributable to data provided incorrectly and/or inaccurately by the Customer. The Service Provider is not liable for any damages resulting from the Customer forgetting their password or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider. The Service Provider treats each registration as an independent person. It is possible to change previously recorded data after logging in, in the “My BS Account/My Data” menu item, which may also affect the data of active orders. The Service Provider is not liable for any damages or errors resulting from the Customer changing the registered data. The Customer is obliged to report any changes to the data related to the registration to the Service Provider or to make the changes in person.
The Customer has the right to cancel his/her registration at any time by sending an e-mail to the customer service. After receiving the message, the Service Provider is obliged to immediately ensure the cancellation of the registration. The Customer's user data will be removed from the system immediately after deletion; however, this does not affect the preservation of data and documents related to orders already placed, and does not result in the deletion of this data. After removal, there is no longer any possibility to restore the data.
The Customer is solely responsible for keeping the user access data (in particular the password) confidential. If the Customer becomes aware that an unauthorized third party has gained access to the password provided during registration, he is obliged to change his password immediately, and if it can be assumed that the third party is misusing the password in any way, he is obliged to simultaneously notify the Service Provider.
The Customer undertakes to update the personal data provided during registration as necessary in order to ensure that they are up-to-date, complete and true. The Customer is obliged to continuously update the personal data and to notify the Service Provider of any changes in the data, if necessary for the performance of the service or for the exercise of other legitimate interests.
- Order
Only natural persons over the age of 18 may place an order.
The essential properties, characteristics and instructions for using the products of the product to be purchased can be found on the information page of the given product. It is considered contractual performance by the Service Provider if the product has more favorable and advantageous properties than the information provided in the Web Store. If you have any questions about the product before purchasing, our customer service is ready to assist you. The instructions for use of the product we distribute - where required by law - are enclosed with the product. If you accidentally do not receive the mandatory instructions for use with the product, please notify our customer service immediately - before using the product - and we will replace it. If you need more information than that provided in the Web Store regarding the quality, basic properties, use and usability of any product found in the Web Store, please contact our customer service, whose details and contact details can be found in Section 1.7 of these GTC.
The purchase price is always the amount indicated next to the selected product, which, unless otherwise indicated, already includes VAT. The purchase price of the product does not include the cost of delivery.
The Service Provider reserves the right to change the prices of products that can be ordered from the Web Store, provided that the modification enters into force simultaneously with the appearance on the Web Store. The modification does not adversely affect the purchase price of products that have already been ordered. When initiating online payment by bank card, we are not able to refund money in the event of a price decrease between the sending of the electronic payment notification and the receipt of the product.
If, despite all due care, the Service Provider displays an incorrect price on the Web Store, especially with regard to an obviously incorrect price, e.g. a price significantly different from the well-known, generally accepted or estimated price of the product, including a striking disproportion in value, as well as a price of “0” HUF or “1” HUF that may appear due to a system error, the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, in which case the Customer may withdraw from his intention to purchase. The Customer is entitled to this right of withdrawal without giving any reason.
After logging in to the Web Store after registering, the Customer gains access to additional options in the "User" panel, such as: order history, viewing the status of the latest order, saving shipping addresses, and sending the latest product information.
The Service Provider accepts orders through its Web Store only from registered Customers and only if the Customer fills in all fields required for the order. If the Customer fills in any field incorrectly or incompletely, an error message will be received. The Service Provider is not liable for any delivery delays or other problems or errors attributable to incorrect and/or inaccurate order data provided by the Customer.
It is possible to place an order in the Web Store by logging in after registration and then using the Cart. The Customer can add the selected products to their Cart using the “Add to Cart” button on the page displaying the detailed product information that appears after clicking on each product. The contents of the Cart can be viewed and modified by clicking on the cart icon in the upper right corner of the Web Store. The Customer has the opportunity to provide additional specific information in the “Note” column on the Cart data sheet. If the Customer has finalized the contents of the Cart, they can enter the billing and shipping data on the interface that appears by clicking on the “Payment” inscription. If all the necessary data has been entered, they can enter the coupon code that entitles them to the discount by clicking on the “Enter Coupon Code” button. After clicking on the “Submit Order” button, the Customer will be redirected to the order confirmation page; from this page they can either continue shopping or proceed to the order summary. During online payment, payment must be made immediately after placing the order by providing the transaction details necessary to settle the total amount of the order. If the payment is not received by the Service Provider or the legal entities participating in the transaction, the order is considered incorrect, which means that no contract is formed between the Parties and the order will not be processed. In this case, the Customer must initiate a new order.
The order is placed and the offer is sent after clicking on the "Send Order" button. The order is therefore placed by clicking on the "Send Order" button, which creates a payment obligation for the Customer.
At any stage of the order, up to the time of payment, the Customer may cancel their order by canceling the order process and leaving the order page. An incomplete order will not be processed.
After placing an order, the Customer will immediately receive an order confirmation to the email address specified during login. The email contains the unique order number, which can be used, for example, to check the status of the order.
The Service Provider may contact the Customer via the e-mail address or telephone number provided by the Customer if any questions arise regarding the processing of the order.
The purchase price of the products displayed on the Web Store is indicated including VAT and other public charges (gross). The purchase price indicated next to the product does not include the cost of delivery. The price of the product is indicated in Hungarian forints (Ft, HUF) and euros (EUR) (the Customer can select the appropriate currency when setting the currency). The Service Provider provides detailed information on its occasionally announced special promotions and discounts on the Web Store.
- Correcting data entry errors
The Customer has the opportunity to correct data entry errors on the ordering interface at any stage of the order and until the order is sent to the Service Provider in the Online Store (e.g. deleting a product from the cart by clicking on the "remove" button).
- Offer binding, confirmation
The Service Provider shall confirm the receipt of the offer (order) sent by the Customer without delay, by means of an automatic confirmation e-mail, no later than within 48 hours, which confirmation e-mail shall contain the data provided by the Customer during the purchase or registration (e.g. billing and shipping information), the order identifier, the date of the order, the list of elements belonging to the ordered product, the quantity, the price of the product, its shipping cost and the total amount to be paid. This confirmation e-mail shall only inform the Customer that his order has been received by the Service Provider.
The offer (order) made by the Customer can be considered as finally accepted by the Service Provider if it sends a delivery notification to the Customer to the provided e-mail address, which creates a valid contract between the Parties.
The Customer is exempt from the binding offer if he does not receive a confirmation email from the Service Provider regarding the order sent without delay, but no later than within 48 hours.
An exception to this exemption is if the delay in the confirmation email is caused by a false or incorrect email address provided by the Customer, or if the Customer's email account cannot receive messages because their mailbox is full. In these cases, the Customer is obliged to purchase the product even if the confirmation email has not been received within the deadline.
If the Customer has already sent their order to the Service Provider and notices an error in the data in the confirmation email, they must notify the Service Provider within 1 day or they can notify the Service Provider when the Service Provider contacts them by phone in order to avoid the fulfillment of unwanted orders.
The order is considered an electronically concluded contract, which is governed by Act V of 2013 on the Civil Code (hereinafter referred to as the Civil Code) and the Electricity Act. The contract is subject to Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
If the product you wish to order is not available at the time of placing the order, or if the product marked with the status "On Order" is not available within the period indicated on the Web Store, the Service Provider reserves the right not to accept the order for the product, in which case no contract will be concluded, of which the Customer will be notified. Any previously made payments to the Customer will be refunded by the Service Provider immediately.
- Delivery, payment and invoicing terms
The Service Provider delivers the ordered goods and requested to be delivered to the Customer for a delivery fee. The Service Provider informs the Customer about the delivery fee during the ordering process. The delivery fee is determined by taking into account the products in the basket. The Service Provider is entitled to apply different delivery fees for different product categories (including, but not limited to: large packages, small packages). During certain promotional periods, the Service Provider delivers the ordered goods and requested to be delivered to the Customer's home free of charge using its own means of transport or by using a transport company, if the gross value of the given order reaches the amount published on the Web Store or in the given promotion, ensuring free delivery, or the order otherwise meets the terms of the promotion. The Service Provider is entitled to determine the terms unilaterally. If the Customer also orders a product that is not covered by free shipping, the Service Provider is entitled to charge a shipping fee in connection with the given order. In the case of orders with shipping costs, the shipping fee (shipping cost) is borne by the Customer in such a way that the shipping fee is indicated on the order summary screen, on the invoice and in the confirmation email. If the Customer indicates this when placing the second order and this is still possible based on the Service Provider's feedback, the Service Provider may combine the orders, however, it is no longer possible to subsequently combine packages that have already been launched. The Service Provider reserves the right to change the shipping fee, provided that the modification enters into force simultaneously with its appearance on the Web Store. The modification does not affect the total amount of products already ordered. The delivery of large packages is always charged according to a separate rate, regardless of the value limit, free shipping cannot be requested!
For information about shipping, click here.
The Customer acknowledges that, unless otherwise agreed by the Parties, the Service Provider shall make the item available to the Buyer without delay, but no later than 30, i.e. thirty days, after the conclusion of the contract. In the event of delay by the Service Provider, the Customer shall be entitled to set an additional deadline. If the Service Provider fails to perform within the additional deadline, the Customer shall be entitled to withdraw from the contract. If the contract should have been performed at a specified performance date as agreed by the Parties or due to the recognizable purpose of the service - and not at any other time - then the Customer shall be entitled to withdraw from the Contract without setting an additional deadline. The Customer therefore expressly acknowledges that if the Parties have agreed on an expected deadline and the Service Provider fails to perform, he shall be entitled to withdraw from the Contract.
Delivery times may be longer during sales, special campaigns or during pandemics.
The Service Provider performs the services ordered in the Web Store at the location indicated in the order confirmation sent to the Customer by e-mail.
The Service Provider issues an electronic invoice to the Customer as proof of payment, after sending the order, to the email address provided by the Customer. Acceptance of these GTC constitutes consent to the electronic invoice recipient. After accepting these GTC, the Customer consents to the Service Provider issuing an electronic invoice.
In accordance with the above, by placing an order, modifying an order and accepting these GTC, the Customer expressly agrees to receive an electronic invoice issued by the Service Provider and in accordance with the applicable laws, and to download it from the “BS Account” menu item on his personal page or from the letter sent by the Service Provider regarding the invoice by the date specified there. The electronic invoice is available on the Customer’s personal page at least for the period specified in separate laws (VAT Act, Accounting Act).
The electronic invoice issued by the Service Provider is an electronically issued accounting document, which is regulated by accounting and VAT legislation and is fully suitable for tax administration identification. Invoices issued electronically must be preserved electronically in accordance with the applicable legislation. The original electronic invoice, as an electronically issued accounting document, authentically confirms the existence of rights and obligations related to tax payment.
The electronic invoice issued in this way complies with the conditions stipulated in Act CXXVII of 2007 on Value Added Tax, Decree 23/2014 (VI.30.) of the Ministry of the Interior and other legislation relating to electronic invoices.
Personal collection
Personal pickup is not possible in our web store.
- Right of withdrawal
The provisions of this section apply exclusively to natural persons acting outside their trade, profession or business activity who purchase, order, receive, use, or make use of goods, as well as to the recipient of commercial communications and offers related to the goods (hereinafter referred to as Consumer). In the case of a contract for the sale of a product, a Consumer is entitled to
the product,
when providing multiple products, the last product provided,
in the case of a product consisting of several lots or pieces, the last lot or piece supplied,
if the product must be delivered regularly within a specified period, withdraw from the contract without giving any reason within 14, i.e. fourteen days from the date of receipt of the first service by the Consumer or a third party designated by the Consumer other than the carrier.
The consumer has the right to exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. In the case of a contract for the provision of services, the consumer may exercise his right of withdrawal within fourteen days from the date of conclusion of the contract.
The consumer does not have the right of withdrawal
· in respect of the sale and purchase of sealed audio or video recordings and copies of computer software, if the consumer has opened the packaging after delivery;
· in the case of a non-prefabricated product that has been manufactured to the consumer's instructions or at his express request, or in the case of a product that has been clearly tailored to the consumer;
· in respect of a sealed product that cannot be returned after opening after delivery for health or hygiene reasons.
If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (by post or electronic mail) to the Service Provider using the contact details indicated at the beginning of these GTC. The Consumer exercises his right of withdrawal within the deadline if he sends his statement of withdrawal to the Service Provider before the expiry of the deadline specified above.
The consumer is responsible for proving that he/she exercised his/her right of withdrawal in accordance with the provisions set out in Section 7 of these GTC.
In both cases, the Service Provider will immediately confirm receipt of the Consumer's withdrawal statement by e-mail.
In the case of withdrawal in writing, it shall be deemed to have been validated within the deadline if the Consumer sends his/her declaration to the Service Provider within 14, i.e. fourteen days (even on the 14th calendar day).
In the case of notification by post, the Service Provider takes into account the date of posting, and in the case of notification by e-mail, the time of sending the e-mail, for the purpose of calculating the deadline. The Consumer's letter is sent by post as registered mail so that the date of posting can be credibly proven.
In the event of withdrawal, the consumer is obliged to return the ordered product to the address of the collection point indicated below without undue delay, but no later than 14, i.e. fourteen days from the date of notification of his/her withdrawal.
The deadline is deemed to have been met if the Consumer sends the product (posts it or hands it over to the courier he ordered) before the 14, i.e. fourteen-day deadline expires.
The cost of returning the product to the Service Provider's address is borne by the Consumer, unless the Service Provider has agreed to bear these costs. At the Consumer's request, the Service Provider will arrange for the return delivery, however, the cost of the return delivery organized by the Service Provider will be borne by the Consumer; in this case, the Service Provider will not assume the cost of the return delivery organized by it from the Consumer, it will only provide assistance so that the Consumer does not have to deal with the organization of the return delivery. The Consumer's request in this regard will be received by the Service Provider's customer service.
The Service Provider is not able to accept the package returned by cash on delivery. Apart from the cost of returning the product, the Consumer will not be charged any other costs in connection with the withdrawal.
If the Consumer withdraws from the contract, the Service Provider shall reimburse all payments made by the Consumer, including the cost of transport (delivery), without undue delay and no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal, with the exception of any additional costs incurred as a result of the Consumer choosing a method of transport other than the cheapest standard method of transport offered by the Service Provider. The Service Provider shall be entitled to withhold the refund until the Consumer has received the product back or until the Consumer has provided credible evidence that he has sent it back: whichever is the earlier.
During the refund, the Service Provider uses the same payment method as the payment method used during the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer will not incur any additional costs as a result of the use of this refund method.
The consumer can only be held liable for the depreciation of the product if it occurred due to use exceeding that necessary to establish the nature and properties of the product.
The Service Provider may demand reimbursement of any depreciation or reasonable costs resulting from use exceeding the use necessary to establish the nature, properties and operation of the product.
Products in sealed packaging for health or hygiene reasons (e.g. swimwear, underwear, jewelry, etc.) cannot be returned after being opened after delivery.
The Service Provider shall, upon receipt, subject the returned product to a quality control procedure in order to determine whether the returned product is defective or not. The Customer shall only be entitled to a refund if the product has not been used, worn or washed. The returned product must include the original labels and packaging. The Customer is responsible for any deterioration resulting from the use of the product. The Service Provider shall not be able to accept a product returned in a used or damaged condition and shall reject the refund request.
- Warranty
The Service Provider is subject to a warranty obligation for its products pursuant to the Civil Code and Government Decree 151/2003. (IX. 22.), which means that during the warranty period it is only exempt from liability if it proves that the defect is attributable to improper use of the product.
The warranty period (the warranty period) begins with the actual performance, i.e. with the handover of the product to the Customer.
The defect is not covered by the warranty if its cause occurred after the product was delivered to the Customer, for example, if the defect:
improper use, disregard of the instructions for use and handling,
improper storage, improper handling, damage,
caused by natural disaster, natural disaster.
In the event of a defect covered by the warranty, the Customer:
- primarily - at its option - may demand repair or replacement, unless the fulfillment of the chosen warranty claim is impossible or if it would result in disproportionate additional costs for the Service Provider compared to the fulfillment of the other warranty claim, taking into account the value of the product in flawless condition, the severity of the breach of contract and the harm caused to the Customer by fulfilling the warranty claim.
- If the Service Provider has not undertaken to repair or replace the product, cannot fulfill this obligation within the appropriate deadline, while protecting the interests of the Consumer, or if the Customer's interest in the repair or replacement has ceased, the Customer may - at his/her choice - request a proportional reduction of the purchase price, repair the defect himself/herself at the expense of the Service Provider or have it repaired by someone else, or withdraw from the contract. There is no right to withdraw due to an insignificant defect.
If the Customer submits a replacement request within three working days of purchase (installation) due to a product defect, the Service Provider is obliged to replace the product, provided that the defect prevents its intended use.
The repair or replacement must be carried out within a reasonable time frame, taking into account the characteristics of the product and its intended purpose by the Customer, and in the best interests of the Customer. The Service Provider must strive to carry out the repair or replacement within a maximum of 15, i.e. fifteen, days.
The warranty period does not include the part of the repair period during which the Customer cannot use the product as intended. In the event of replacement (repair) of the product or part of the product, the warranty period starts anew for the replaced (repaired) product (part of the product) and for the defect arising as a result of the repair.
The costs related to the fulfillment of the warranty obligation are borne by the Service Provider.
The Service Provider is only exempt from its warranty obligation if it proves that the cause of the defect occurred after performance.
However, the Customer is not entitled to assert a warranty claim and a warranty claim, or a product warranty claim and a warranty claim, simultaneously and in parallel for the same defect. Notwithstanding these limitations, the Customer shall be entitled to the rights arising from the warranty regardless of the rights specified in Sections 9.1. and 9.2. of these GTC.
The warranty does not affect the Customer's enforcement of his/her statutory rights, in particular those relating to warranty of materials and products, and compensation for damages.
- Warranty
9.1. Warranty of accessories
The Customer may assert a warranty claim against the Service Provider in the event of defective performance by the Service Provider. In the case of a consumer contract, the Customer may assert his warranty claims within a limitation period of 2 years from the date of receipt, i.e. two years, for product defects that already existed at the time of delivery of the product. The Customer may no longer assert his warranty rights beyond the two-year limitation period.
In the case of a contract concluded with a non-consumer, the entitled party may assert their warranty claims within a limitation period of 1 year from the date of receipt.
The Customer may – at his/her choice – request repair or replacement, unless the fulfillment of the request chosen by the Customer from these is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of his/her other request. If the Customer did not or could not request repair or replacement, he/she may request a proportionate reduction in the consideration or the Customer may repair the defect at the Service Provider’s expense or have it repaired by someone else or – in the last resort – may withdraw from the contract. There is no right to withdraw due to an insignificant defect.
The Customer may switch from the chosen warranty right to another, but must bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
The Customer is obliged to notify the Service Provider of the error immediately after its discovery, but no later than within 2 months of the discovery of the error.
The Customer may assert his warranty claim directly against the Service Provider.
Within 6 months of the performance of the contract, there is no other condition for asserting a warranty claim other than the notification of the defect, if the Customer proves that he purchased the product from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider is only exempt from the warranty if he rebuts this presumption, i.e. proves that the defect in the product occurred after the delivery to the Customer. If the Service Provider can prove that the cause of the defect arose for a reason attributable to the Customer, he is not obliged to grant the warranty claim made by the Customer. However, after 6 months of the performance, the Customer is obliged to prove that the defect he has recognized already existed at the time of performance.
If the Customer asserts his warranty claim with respect to the part of the product that can be separated from the indicated defect, the warranty claim for other parts of the product is not considered to be asserted.
9.2. Product warranty
In the event of a defect in the product (movable property), the Customer, who is a consumer, may – at his/her choice – assert the right to a warranty or a product warranty claim specified in Section 9.1 of these GTC.
However, the Customer is not entitled to assert a warranty claim and a product warranty claim simultaneously and in parallel for the same defect. However, in the event of a successful claim under a product warranty, the Customer may assert a warranty claim against the manufacturer for the replaced product or repaired part.
As a product warranty claim, the Customer may only request the repair or replacement of the defective product. In the event of a product warranty claim, the Customer must prove the defect of the product.
A product is considered defective if it does not meet the quality requirements in force at the time of its release or if it does not have the properties specified in the description provided by the manufacturer.
The Customer may assert his product warranty claim within 2, i.e. two years from the date of placing the product on the market by the manufacturer. After this deadline, he loses this right. The Customer is obliged to notify the manufacturer of the defect without delay after discovering the defect. A defect notified within 2, i.e. two months from the date of discovery of the defect shall be deemed to have been notified without delay. The consumer is liable for any damage resulting from the delay in notification.
The Customer may exercise his product warranty claim against the manufacturer or distributor of the movable property.
According to the Civil Code, the manufacturer and distributor of the product is considered a manufacturer.
The manufacturer or distributor is only exempt from its product warranty obligation if it can prove that:
- the product was not manufactured or placed on the market as part of its business activities, or
- the defect was not detectable at the time of placing on the market according to the state of science and technology, or
- the product defect results from the application of a law or mandatory official regulation.
The manufacturer or distributor only needs to prove a reason to be exempted.
- Responsibility
The information on the Web Store has been posted in good faith, however, it is for informational purposes only, and the Service Provider is not responsible for the accuracy or completeness of the information.
The Customer may use the Web Store exclusively at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising during use, beyond the liability for breach of contract caused intentionally, with gross negligence or criminal act, or for damage to life, physical integrity or health.
The Service Provider excludes all liability for the conduct of the users of the Web Store. The Customer is fully and exclusively responsible for his or her own conduct, and in such cases the Service Provider fully cooperates with the relevant authorities in order to detect violations.
The pages of the service may contain links that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.
The Service Provider is entitled, but not obliged, to check any content made available by the Customer during the use of the Web Store, and the Service Provider is entitled, but not obliged, to search for signs of illegal activity in relation to the published content.
Due to the global nature of the Internet, the Customer agrees to comply with the provisions of applicable national laws when using the Web Store. If any activity related to the use of the Web Store is not permitted under the law of the Customer's country, the Customer shall be solely responsible for such use.
If the Customer notices objectionable content on the Web Store, he/she is obliged to immediately report it to the Service Provider. If the Service Provider finds the report to be well-founded in good faith, he/she is entitled to immediately delete or modify the information.
- Copyright
The Web Store is protected by copyright. The Service Provider is the copyright holder or authorized user of all content displayed on the Web Store and in the course of providing services available through the Web Store: any copyrighted work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Web Store interface, the software and other solutions used, ideas, implementation).
The content of the Web Store and its parts may be saved or printed on physical or other media for private use or with the prior written consent of the Service Provider. Use beyond private use – such as storage in a database, distribution, publication or download, commercial distribution – is only possible with the prior written consent of the Service Provider.
In addition to the rights expressly specified in these GTC, registration, use of the Web Store, or any provision of the GTC does not grant the Customer any right to use or exploit any trade name or trademark on the Web Store. Apart from the display, temporary reproduction and private copying required for the intended use of the Web Store, these intellectual works may not be used or exploited in any other form without the prior written permission of the Service Provider.
- Legal enforcement options
12.1. Complaints handling
The Customer may submit consumer complaints regarding the product or the Service Provider's activities at the following contact details:
Customer service
Mailing address: 2000 Szentendre, Dumtsa Jenő Street 7.
Email address: info@franciababa.hu
The Customer may submit his/her consumer complaint regarding the product or its activities in writing to the contact details specified in Section 12.1 of these GTC.
The complaint must include the reason for the complaint and information necessary to identify the order.
The Service Provider is obliged to examine the written complaint and respond to it in substance within 30, i.e. thirty days after its receipt, and to ensure that the response reaches the Customer. If the Service Provider rejects the complaint, it is obliged to justify its position in its substantive response to the rejection.
The Service Provider is obliged to keep the minutes of the complaint and a copy of the response for 5 years.
The Service Provider accepts objections submitted by the Customer via the direct contact details provided in Section 12.1 of these GTC.
The Service Provider gives the Customer submitting the complaint the opportunity to return the defective product by courier at the Service Provider's expense; for related administrative matters, the Customer should contact the Service Provider at the electronic mail address specified in Section 12.1 of these GTC.
Please note that the Service Provider is not responsible for:
- for damage resulting from natural wear and tear,
- for damages resulting from incorrect/negligent use,
- for damages caused by abnormal consumption or misuse,
- for any damage caused by handling the product not in accordance with the description.
12.2. Other legal remedies
If any consumer dispute between the Service Provider and the Customer is not resolved during negotiations with the Service Provider, the following legal remedies are open to the Customer:
Entry in the customer book. The customer book is available in all of the Service Provider's stores. The Service Provider will respond in writing to entries made here within 30, i.e. thirty days.
Filing a complaint with the consumer protection authorities. If the Customer notices a violation of his consumer rights, he has the right to file a complaint with the consumer protection authority competent for his place of residence. After assessing the complaint, the authority decides on the conduct of the consumer protection procedure. The list of competent government authorities is available at https://www.kormanyhivatal.hu.
Conciliation Board. For the purpose of amicable out-of-court settlement of consumer disputes related to the quality, safety and application of product liability rules, as well as the conclusion and performance of the contract, the Customer may initiate proceedings with the competent conciliation board according to his place of residence or stay, or may contact the conciliation board operating under the professional chamber competent according to the registered office of the Service Provider. For the purposes of the rules relating to the Conciliation Board, a consumer is also a civil organization, church, condominium, housing cooperative, micro, small and medium-sized enterprise under a separate law, who buys, orders, receives, uses, makes use of goods, or is the recipient of commercial communication or offers related to goods.
Budapest Conciliation Board
contact details:
Address: 1016 Budapest, Krisztina krt. 99. 3rd floor. 310.
Mailing address: 1253 Budapest, P.O. Box: 10.
E-mail address: bekelteto.testulet@bkik.hu
Central phone number: +36 1 488 2131
Fax: +36 1 488 2186
In the event of a cross-border consumer dispute related to an online sales contract, consumers can resolve their cross-border disputes related to online purchases electronically by submitting an electronic complaint via the online platform available at the following link:
https://webgate.acceptance.ec.europa.eu/odr/main/?event=main.home.show
All that is required is for the consumer to register on the online platform available at the link above, fill out an application in full, and then submit it electronically to the Arbitration Board via the platform. This way, consumers can easily enforce their rights, despite the distances.
In Hungary, the Budapest Arbitration Board (BAB) is authorized to act in cross-border disputes between consumers and traders related to online sales or service contracts.
Court proceedings. The customer is entitled to enforce his claim arising from a consumer dispute before the court in the framework of civil proceedings in accordance with the provisions of the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.
- Other provisions
The Service Provider is entitled to unilaterally modify the terms of these GTC at any time. The Service Provider shall inform the Customers of the modifications via the Web Store interface. The condition for using the Web Store after the modification is that the Customer expressly accepts them via the Web Store and in the manner provided there.