General Terms and Conditions
I. The Service Provider
1. The www.brigittehome.com online shop is operated by BrigitteHome Kft. (hereinafter referred to as the “Service Provider”).
2. The Service Provider’s company name: BrigitteHome Kft.
3. The Service Provider’s short name: BrigitteHome Kft.
4. The Service Provider’s registered office: 2000 Szentendre, Mathiász u. 14. A.
5. The Service Provider’s postal address: 2000 Szentendre, Mathiász u. 14. A.
6. According to the resolution issued by the Licensing and Administrative Office (Department of Domestic trade and Tourism) of the Ministry of Economy and Transport of the Republic of Hungary, the Service Provider is registered by the Tribunal of the Surroundings of Budapest as Registry court, and according to the laws, it can exercise package delivery activities.
II. The use of service
1. The order is only possible electronically in the brigittehome.hu online shop, through the internet, via the website brigittehome.hu. The Service Provider does not accept orders on telephone, fax or in email, letter. The Service Provider sends to the Customers the information related to the orders also electronically.
2. By clicking on the “order” button, the Customer makes an offer to which we send an automatic confirmation within 48 hours from the order. In all cases, the confirmation contains the chosen method of receipt and payment, the value of the order, the delivery conditions, the name of the product and the quantity, and the Customer’s data. If the confirmation – which contains the conditions of order – does not arrive, the consumer is exempt from the obligation of the offer. Before sending the order, the Customer has the possibility to modify the data given at the registration by overwriting and registering the modified data. The language of the contract is Hungarian. The order is deemed to be a contract concluded on the internet but unsigned, the content of which is archived and available and retrievable later. The registry number is the ID number of the order in all cases. On the website brigittehome.hu the prices are in EUR, and contain the VAT. The Service Provider do everything in order to deliver the products ordered by the Customer within the deadline fixed in the order. The products listed with longer delivery time can be found in the warehouse of our partners, thus it may happen that due to the stock decrease from the part of the commercial partner, the execution of the order becomes impossible. The impossibility of the execution terminates the contract. In case of the impossibility of the execution, the Service Provider immediately informs the Customer and transfers back the price paid in advance after the information but at the latest within 14 days. Concerning the transfer back, the Customer is free of additional charges. The Service Provider do everything to maintain the accuracy of the information on the website and to update the stock information, however at the moment of establishing the contract, due to the activity of the Service Provider’s commercial partner, as a third party outside the Service Provider, the execution may become impossible for a reason unforeseen by the Service Provider. However the fact that the impossibility occurs, does not render the Service Provider’s offer suitable for misleading the Customer because, when giving the offer, the Service Provider acted according to its best knowledge in respect of the availability data.
3. You may receive the products chosen in our web shop by home delivery which is expected to be transported to you by the Hungarian Post within 30-45 working days. Before this, our colleagues will contact you and inform you about the expected date of the delivery. We undertake the delivery of products only in the territory of Hungary.
4. According to the Gov. regulation no. 45/2014. (II.26), the customer may withdraw from the purchase (receipt of the product) without justification within 14 days from the receipt. The customer may exercise its right of withdrawal by means of an evident declaration on it, and by using the declaration model in the annex 2 of the Gov. regulation no. 45/2014 (II.26.).
5. The Customer may exercise its right of withdrawal in the period between the day of concluding the contract and the day of receiving the product.
a. In case of using a receiving point, the date of the receipt (receipt of the product) is the date of the receipt of the order, and in case of home delivery, it is the date of the receipt from the courier. These can be proven by the receipt/invoice of the receiving point, and by the receipt given by the courier. The personal receipt method does not exclude the enforcement of the right of withdrawal.
b. In case of withdrawal, send back the product to the Service Provider’s warehouse at your charge, and we immediately reimburse the purchase price of the product(s) sent back and of the other costs that possibly incurred, or at the latest within 14 days from the arrival back of the product(s). In case of withdrawal, the customer may only have to bear the costs of sending the product back. We can reimburse the purchase price of the product(s) only if the customer has given the product(s) back or has undoubtedly justified that it has sent them back within 14 days from the notification of its intention of withdrawal: from these two, we take into consideration the earlier date.
c. During the reimbursement we apply the same payment method that was used during the original transaction, except if the Customer has given its express consent to the use of other payment method. In case of using other method of reimbursement, the Customer is not charged by any additional costs.
d. We may not have the possibility to receive parcels with cash upon delivery.
e. The customer shall not exercise its right of withdrawal in the cases included in the Gov. regulation no. 45/2014. § 29., particularly
● in the case of a not prefabricated product which was manufactured based on the customer’s instructions or for the customer’s expressed demand, or in case of a product which was evidently personalized (e.g. photobook, graving);
● in respect of perishable products or products that have a short shelf-life;
● in respect of products having a closed packaging which, for hygienic reasons, cannot be sent back after opening upon receipt;
● in respect of a product which due to its nature, inseparably get mixed with other products after its handing over;
● in respect of the sale and purchase of voice and image recording in closed packaging, and a sample of a computer software if the customer has opened the package after the handing over;
● in respect of magazine, newspaper and periodical paper (except for the subscription contracts)
● in respect of the digital data content provided on an intangible media if the Service Provider has started the completion with the expressed, prior consent of the customer, and at the same time of this consent, the customer has declared that it has taken note of the fact that it will lose the right of withdrawal / cancellation after starting the completion.
f. The Service Provider may demand the compensation for damages resulting from the improper use of the goods.
6. In case of defects of the ordered products, based on the provisions of Act V of 2013 on the Civil Code of Hungary, the Customer may enforce the demand of liability for defects against the Service Provider. During the enforcement of the demand of liability for defects, the Customer may ask to repair or the change the defective product, except if the repair or the change is impossible, or if it would have disproportionately high additional cost for the Service Provider. If the Customer has not asked for the repair or the change, or it couldn’t have asked it, the Customer may demand a proportionate price discount, it may repair or have repaired the product for the charge of the Service Provider, or it may withdraw from the contract if the Service Provider has not undertaken the repair or the change, has not been able to do it, or if its interest related to the repair or the change has ceased. The meaningful verification of the lapse of interest is the Customer’s obligation. There is no ground for withdrawal due to an insignificant defect. The Customer may turn from its chosen liability for defects to another one, however it shall bear the costs of transition, except if it was motivated or the Service Provider has given the reason for it. The Customer is liable to announce the defect immediately after discovering it but at the latest within 2 months from its discovery. You shall not enforce your demand of guarantee over the term of limitation of 2 years from the execution of the contract. Within 6 months from the execution, the enforcement of your demand of liability for defect has no other conditions than announcing the defect, and showing/sending the invoice or its copy. However, after the expiration of 6 months from the execution, the Customer is liable to prove that the defect has already existed at the time of execution.
7. Instead of liability for defect, the Customer may enforce a product warranty against the manufacturer or the distributor. In case of product warranty, the Customer may exclusively demand the change (repair) of the defective product. The product is defective if it does not correspond to the quality requirements effective at the placing on the market, or if it does not have the characteristics included in the description given by the manufacturer. In this case, it is the Customer who has to prove the defect of the product. The product warranty demand may be enforced within 2 years from the placing on the market. The manufacturer is exempt from the product warranty obligation only if it proves that it has not manufactured and distributed the product within its business activity; or, according to the actual situation of science and techniques, the defect was not detectable at time of distribution; or the defect of the product originates from the application of a law, or mandatory authority rule. For the manufacturer, it is enough to prove one reason.
The demand of liability for defect and the product warranty cannot be enforced at the same time, parallel to each other.
1. In case of the defect of consumer durable goods defined in the annex of the Gov. regulation no. 151/2003. (IX. 22.), you may enforce a demand for guarantee against the Service Provider within 1 year from the receipt (provided that you are considered to be a consumer according to this Gov. regulation). The Service Provider is exempt from the guarantee obligation only in case if it proves that the reason of the defect formed after the execution. The customer may enforce its demand of guarantee according the conditions given for the liability for defect, with the exception that in case of the defect of consumer durable goods, for the replacement enforced within 3 working days from the receipt, we change the product if the defect impedes the intended use (if the product is available at the Service Provider’s shop / warehouse), and in case of an announcement made after this period, we strive for realizing the repair, or the change within 15 days. You may enforce your demand for repair directly at the service (repair service) indicated on the guarantee card. You shall not enforce liability for defect and demand for guarantee, and product warranty and guarantee demand at the same time for the reason of the same defect. However, the rights resulting from the guarantee are due to the Customer independently from its rights that are enforceable through the liability for defect and the product warranty.
2. The Service Provider do everything in order that the data (price, availability, description of products, etc.) displayed on its pages shall be the most precise possible. The obviously wrong price of 0 or 1 EUR, resulting from a system error, is not deemed to be an invitation for offer. An exception to this is the gift products advertised in sales. The pictures shown next to the products are illustrations, in all cases, the characteristics of the products are included in the product description. In respect of the Service Provider’s responsibility for the errors that may occur the provisions included in the government regulation no. 45/2014. (II. 26.) and in the Civil Code of Hungary are applicable.
4. According to the effective laws, in Hungary, it is prohibited to sell products of alcohol and of sexual content to persons under 18. If the Customer has given its year of birth during the registration, then in case of ordering products of alcohol or of sexual content, the Service Provider considers it as a valid declaration in respect if it’s entitled to sell the ordered products to the Customer. Otherwise, upon ordering the given product, the Customer must fill in a separate declaration concerning its age. The Customer completely warrants the reality content of the user data referred in the previous paragraph, given at the registration. If it later turns out that any of the data given by the Customer, so particularly in case of ordering products of alcohol or of sexual content, if the age given by the Customer did not correspond to the reality, and of this any damage may be created for the Service Provider, or any legal sanction may be enforced against the Service Provider, the Customer is liable to completely take responsibility for the Service Provider, and the Service Provider reserves its right to enforce a demand for compensation of damages against the Customer.
II. Other provisions
1. The Service Provider is entitled to send newsletter or other advertising letter to the user if by giving its corresponding data, the user has evidently given its prior, expressed and voluntary consent. The Service Provider is not liable to check if the data given by the user are real or relevant.
2. The user is entitled to withdraw any time its voluntary consent referred in point III.1. In this case, after the withdrawal, the Service Provider does not send any more newsletters and other advertising letter to the user, and delete the user’s data from the list of users subscribed to the newsletter.
3. The Service Provider considers binding on itself the Code of Ethics of the Hungarian Advertising Association and the Society of content Providers of Hungary.
4. The critics written about the products and other related opinions reflect in each case the viewpoint of the users, the Service Provider does not take the responsibility for their content. The Service Provider reserves its right to cancel the opinions that violate general taste, its business interests or the law.
5. If you have any questions, remarks concerning your order, please contact our colleagues at the customer service operating at the headquarters of the Service Provider under the address email@example.com, and on the telephone number +36 30/4768689 (from 8 am to 6 pm on working days, and at the time indicated on the website).
6. The customer complaint management is done in writing or on the phone through the customer service, under the address firstname.lastname@example.org, and on the telephone number +36 30/4768689.
7. For the simple, fast arrangement of the disputes raised against the Service Provider (consumer legal dispute) outside the court, it may initiate the procedure of an arbitration board. The competent arbitration board according to the Service Provider’s headquarters: Budapesti Békéltető Testület (Arbitration board of Budapest); 1016 Budapest, Krisztina körút 99. III. emelet 310.; postal address: 1253 Budapest, Pf.:10.
Effective: From May 1, 2016 until withdrawal and/or modification. Its provisions shall only be applied for contracts concluded after its entering into force, in respect of the prior contracts, the provisions of the general terms and conditions prior to the entering into force are applicable.