General Terms and Conditions of
DBW Dandy Barber World Kft.
Effective from 1 February 2019 onwards
1. General Provisions
1.1. The present General Terms and Conditions (hereinafter: “GTC”) shall apply to DBW Dandy Barber World Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (company registration number: 01-09-300010; registered seat: 1138 Budapest, Vizafogó sétány 2. B ép. Fszt. 5.; tax number: 25984240-2-41; registered by the Company Court of the Metropolitan Court of Budapest (Fővárosi Törvényszék Cégbírósága)) as seller (hereinafter: “Dandy Kft.”) and the buyer entering into a contractual relationship with Dandy Kft. under the terms and conditions of the present GTC (hereinafter: “Buyer”, Dandy Kft. and the Buyer collectively: “Parties”, and separately: “Party”).
1.2. Details of Dandy Kft.:
a) Electronic mailing address: firstname.lastname@example.org
b) Phone number: +36 31 788 8850
c) Hosting provider:
– Company name: Amazon Web Services EMEA SARL
– Website: https://aws.amazon.com
– Registered seat: L-1855 Luxemburg, John F. Kennedy avenue 38
1.3. The present GTC sets forth the rules of transferring the ownership of products listed on the website of Dandy Kft. at https://dandythebarber.hu/ (hereinafter: the “Website”).
1.4. The present GTC shall be interpreted in the context of offers, order confirmations, invoices and any other documents made or created in the course of concluding the contract, and in lack of any other agreement by and between the Parties the provisions of this GTC shall be applied. The GTC sets forth the general terms of the Parties’ legal relationship and the Parties’ rights and obligations.
1.5. Unless required otherwise by the present GTC, any departure from the present GTC shall be subject to the written form signed and approved by Dandy Kft. and the Buyer. “Written form” shall mean a written contract by and between the Parties and the declarations made in the course of electronic correspondence, if specifically accepted by the other Party. Written declarations shall be sent to the mailing or e-mail address of the other Party. Unless notified by Dandy Kft. otherwise, the mailing and e-mail address of Dandy Kft. shall be the mailing address and the e-mail address of Dandy Kft. mentioned in the present GTC.
1.6. The present GTC shall apply to consumers and to Buyers constituting a company or a private entrepreneur or another business organisation that enter the contract for purposes within the scope of their business or trade activities. The contracting Party, by declaring its intention to enter into a contract with Dandy Kft. also declares that it is legally fit to enter into a contract and declares that it is entitled to enter into such contract under its own name and that the fulfilment of the contract shall not be conditional upon the consent or approval of any third party.
2. Subject of the GTC
2.1. On the Website of Dandy Kft. the products distributed by the company can be ordered using an online interface. The products available on the Website (hereinafter: “Products”) will be supplied by Dandy Kft. in the quantity ordered, provided they are in stock. Any images of the Products on the Website are for illustration purposes only. Publishing the Products on the Website shall not constitute a binding offer.
2.2. In the course of entering into a contract with Dandy Kft. the Buyer is making an offer for the purchase of the Products featured on the Website. Such offer is accepted by the confirmation e-mail sent by Dandy Kft. which creates a contract between the Parties. As a next step the Buyer pays the purchase price of the Product and Dandy Kft. complies with the delivery request of the Buyer in line with the separate tariff of Dandy Kft. Any warranty claims of the Buyer can be enforced in line with the present GTC and relevant law. The present GTC sets forth the entire process of contracting and the details of the rights and obligations of the Parties. In the event the parties agree otherwise, such other agreement shall prevail. If the legal relationship of the Parties is not regulated by either the GTC or the terms and conditions of the a separate contract, then the provisions of the Hungarian legal provisions effective on the date the order confirmation is sent out by Dandy Kft. shall be followed.
2.3. The Parties shall cooperate In the course of executing the contract and observe the legitimate interests of the other Party.
2.4. The contract process and the creation of a contract
2.4.1. Registration on the Website of Dandy Kft.: When registering, the Buyer makes a separate declaration to the effect that it shall only provide truthful personal details during the registration process (for private persons: family name and first name, residence, phone number and e-mail address). Personal details supplied during registration shall be controlled by Dandy Kft. in line with applicable personal information legislation available on the Website of Dandy Kft.
2.4.2. Placing an order on the Website of Dandy Kft.: As the first step of the contract process the Buyer selects the Product of its choice and puts it into a virtual shopping cart. The Website makes the Buyer aware of the Products offered by Dandy Kft. and of the prices of such Products. By electronically accepting the terms and conditions and selecting the payment method the Buyer finalizes its intention to buy the Products in the virtual shopping cart and sends the order to Dandy Kft. Using its bank card, the Buyer can make its purchases conveniently and safely. After selecting and ordering the product of its choice the Buyer is transferred to the payment site of Unicredit Bank where the Buyer can make a card payment using the most secure, encrypted payment method available today. When selecting the payment method the Buyer clicks on “Card Payment” and enters the card number, its date of expiry, and the CVC/CVV security code from the back on the Bank’s payment site. Unicredit Bank accepts embossed VISA, MasterCard and Visa Electron cards (subject to the decision of the issuing bank) and those Maestro cards that have a CVC security code. If there is no such code on the Buyer’s bank card, the Buyer should inquire at their own bank. The bank may only accept cards meant for electronic payment if the use of such card was approved by its issuing bank. The logos of the cards accepted for payment are published on the Website of Dandy Kft.
After payment has been effected Dandy Kft. processes the order and confirms it to the Buyer. As soon as such confirmation is sent to the e-mail address supplied by the Buyer a purchase contract is created by the Parties under relevant Hungarian civil law pertaining to contracts created electronically (hereinafter: the “Contract”). The date of the Contract shall be the date the confirmation is sent by Dandy Kft., irrespective of whether the Buyer has supplied a valid e-mail address, read the message or confirmed the e-mail received by Dandy Kft.
Dandy Kft. shall notify the Buyer of the creation of the Contract in a written order confirmation (Contract) that shall set forth the exact and specific list of Products ordered together with their price, the method, deadline and fee of delivery (in HUF). Dandy Kft. shall only be responsible for Products ordered that also appear in the order confirmation (Contract).
2.4.3. Special rules of concluding the contract:
a) Dandy Kft. shall not be responsible for changes in the prices of Products featured on the Website and only the prices indicated in the confirmation shall be binding. Furthermore, Dandy Kft. shall not be responsible for any product shortages – in such cases it shall not accept orders (purchase offers) for Products that are temporarily or permanently unavailable, but it shall notify Buyers placing orders if there is a product shortage.
b) Dandy Kft. shall not be held liable for an inaccurate order (purchase offer) placed by the Buyer, specifically if the Buyer failed to order the correct Product or quantity. Similarly, Dandy Kft. shall not be held responsible for missing or inaccurate details (e.g. delivery address, invoicing data etc.) supplied by the Buyer.
2.5. Amendment of existing contracts
2.5.1. An existing Contract can only be amended by the Buyer if the amendment does not result in a change of deadline, a price reduction or an increase, or additional expenses. In such cases the request for an amendment shall be treated as a new order (purchase offer) and processed by the Parties in line with the provisions pertaining to the creation of a contract. Expenses incurred by Dandy Kft. as a result of a contract amendment shall be borne by the Buyer.
2.5.2. The Contract shall be fulfilled by Dandy Kft. on the basis of information, data and documents it had received before such fulfilment commences. In the event the Buyer should amend, extend or change its existing order in any way or to any extent, Dandy Kft. shall have the right to set a new delivery deadline and to proportionally increase the fee of services, provided such increase is justified by the type and extent of the amendment.
2.5.3. Dandy Kft. shall be entitled to amend the Contract in the cases listed in the present GTC. In any other cases it shall inform the Buyer of such amendment without delay. Dandy Kft. shall compensate the Buyer for any certified expenses incurred by the Buyer as a result of the amendment.
3. Rights and obligations of the Buyer
3.1. The Buyer agrees to supply to Dandy Kft. the details that are required by Dandy Kft. and that are necessary for the delivery of the Products.
3.2. The Buyer agrees to take delivery of the Products that comply with the terms set forth by Dandy Kft. in the confirmation of the order and to pay the purchase price stipulated in the Contract. Payment shall in all cases precede performance by Dandy Kft. using one of the payment methods indicated on the Website, or by payment upon delivery, simultaneously with the receipt of the Products ordered by the Buyer. Dandy Kft. shall have the right to offer the payment methods to the Buyer individually and the Buyer shall have the right to choose any of the payment methods offered.
3.3. In the course of fulfilment of the Contract the Buyer shall not acquire title to any intellectual property (patents, trademarks, product markings, know-hows etc.), unless expressly agreed otherwise by the Parties.
3.4. Upon receipt of the Products the Buyer shall, in writing and within two working days, report to Dandy Kft. any erroneous deliveries, wrong quantities or missing Products. Such reports shall indicate the number of the delivery note, of the contract and of the invoice together with a detailed description of the Product and of the complaints. Any delivery damage must be reported to both the forwarding agent and to Dandy Kft. The Buyer shall check the entire consignment. The fact and the extent of any delivery damage shall be recorded on the delivery note/proof of delivery and signed by the forwarding agent. The Buyer shall draw up a protocol indicating the extent of the damage. Despite such damage the Product shall be taken over by the Buyer and stored under suitable conditions. Hidden defects must be reported within 5 days of discovery. The Buyer must enable Dandy Kft. to inspect the defective Product. In the event the defect is justified, Dandy Kft. shall, depending on the choice of the Buyer, repair or replace the Product (and the defective Product shall be returned to Dandy Kft.). Dandy Kft. shall not be held liable for defects resulting from improper use, storage or transport. Dandy Kft. shall only be bound by its obligation to repair or replace the Product and by any of its warranty obligations if the Product has not yet been wholly or partially utilized, used or consumed.
3.5. Should the Buyer fail to meet its payment obligations by the deadline set forth in the present GTC, then the Contract shall be terminated on the day following the payment deadline and Dandy Kft. shall not be bound by any delivery or performance obligations.
4. Rights and obligations of Dandy Kft.
4.1. Dandy Kft. agrees to fulfil the Buyer’s order placed on the Website in line with the terms and conditions set forth in the order confirmation (Contract).
4.2. Dandy Kft. shall be entitled to refuse fulfilment as long as the Buyer has not supplied the necessary information or has not met its payment obligations set forth in the Contract. Dandy Kft. shall arrange delivery of the Product after payment has been effected, or, if the Parties agreed in a delivery date that falls before the payment deadline, then the performance deadline of Dandy Kft. shall be extended by the number of days between the date of confirmation of the order and the date the payment.
4.3. Dandy Kft. binds itself to deliver the Products listed in the Contract by the delivery deadline agreed.
4.4. Dandy Kft. shall be entitled to employ a subcontractor or another performance agent for the fulfilment of any of its contractual obligations.
4.5. In case the Product is handed over to the Buyer directly, title to the Product shall pass to the Buyer at the moment the Product is handed over to the Buyer. In case the Parties hire a forwarding agent to deliver the Product, the title to the Product shall pass to the Buyer at the moment the Product is handed over to the forwarding agent (completion of loading). From that time onwards the Buyer shall bear the expenses of ownership of the Product, the risk of damage and any other responsibilities related to ownership.
4.6. Dandy Kft. shall not be liable if delivery is frustrated or encumbered by an Act of God. In the event delivery becomes impossible as a result of an Act of God, the Parties shall bear their own expenses. In the event delivery is encumbered by an Act of God, then all extra expenses shall be borne by the Buyer, unless the Buyer cancels the Contract by reason of such Act of God, in which case the Buyer shall also pay the expenses of Dandy Kft. related to the contracting process.
4.7. Rules of using a forwarding agent
4.7.1. If so required by the Buyer, Dandy Kft. shall deliver the Product to the address indicated by the Buyer using a forwarding agent.
4.7.2. Dandy Kft. shall agree with the forwarding agent about the terms and conditions of forwarding, but the expenses shall be borne by the Buyer. Dandy Kft. shall inform the Buyer about the shipping costs and the Buyer shall have the right to choose one of the delivery methods offered by Dandy Kft. The confirmation of the order issued by Dandy Kft. shall also include shipping fees.
4.7.3. After discussing the delivery details with the forwarding agent, Dandy Kft. shall be entitled to decide about the date of handing over the Product to the Buyer. Subject to the discretion of Dandy Kft. the Parties may agree upon the date of handing over. Dandy Kft. (or the forwarding agent) shall inform the Buyer of the date of delivery, as a minimum via an e-mail sent to the address supplied by the Buyer. A notification sent to the e-mail address supplied by the Buyer shall qualify as sufficient information even without a confirmation.
4.7.4. Dandy Kft. shall – by way of a forwarding agent – attempt delivery of the Product once only.
4.7.5. Dandy Kft. declines any and all responsibility for shipping, e.g. shall not be responsible for a defective performance of the forwarding agent (including but not restricted to late delivery, delivery to the wrong address, erroneous delivery etc.), or for any damage inflicted to the Product after the completion of loading.
4.7.6. The Parties shall consider that Dandy Kft. has furnished the forwarding agent with all the necessary information as far as shipping and packaging are concerned, provided that Dandy Kft. hands over the Product to the forwarding agent in its original manufacturer’s packaging and has passed on all information to the forwarding agent that Dandy Kft. had received from the manufacturer or from the merchant acting as an intermediary between the manufacturer and Dandy Kft.
4.7.7. Dandy Kft. shall comply with all relevant and applicable Hungarian legal provisions, i.e. it shall, during performance of the Contract, not breach others’ rights related to human dignity, goodwill, honour, copyrights, or any rights related to performances, geographical indicators or trademarks, or any other forms of exclusive legal protection and shall not accept orders of similar character.
4.7.8. Dandy Kft. shall be considered to have fulfilled the contract properly if the size or any other discrepancy of the Product does not exceed 5 per cent. A visual difference on the packaging of the Product shall not be considered as defective performance either, if such difference does not influence the usability of the Product. Dandy Kft. shall refuse any responsibility in any and all issues for which the manufacturer of the Product is not liable.
4.7.9. It shall not be considered as faulty performance if, after the order was placed, Dandy Kft. informs the Buyer in the confirmation of the order that a Product is not in stock and indicates an expected delivery date. In such cases Dandy Kft. shall have no liability to pay damages to the Buyer.
5. Performance and deadlines
5.1. Dandy Kft. shall, in the confirmation (Contract) sent to the Buyer indicate the delivery deadline which shall, assuming that the order contained all the necessary details and was clear and unambiguous, start on the working day immediately following the day it was transmitted by Dandy Kft. In the event there is no performance deadline in the confirmation (Contract), then the Parties shall be considered to have failed to agree upon an essential contract parameter and therefore the Contract shall not be created, unless Dandy Kft. has met all the other conditions of the order confirmation in full and the Product has been handed over to the Buyer in the manner set forth in the order confirmation. In such case the Contract shall be considered as fulfilled (this is called the reparatory effect of performance). Performance within 8 working days of the deadline stipulated shall be considered as performance on time.
5.2. In the event of an Act of God the delivery deadline shall be extended by the duration of the Act of God.
5.3. If, for reasons attributable to Dandy Kft. the performance deadline stipulated in the Contract is exceeded by more than 8 working days, such delay shall constitute a delayed performance. In this case, from the 3rd working day following the written demand for delivery sent by the Buyer onwards, the Buyer may, for each day of the delay, claim a late performance penalty equalling 0.1 per cent and not exceeding a total of 3 per cent of the net purchase price of the Product. Complaints based on cosmetic reasons shall not be considered as a valid cause for late performance if such cosmetic reasons do not have a detrimental effect on the usability of the Product, i.e. if the Product can be used for its intended purpose.
5.4. In the event Dandy Kft. had attempted to deliver the Product in line with the terms of the Contract, but the Buyer failed to take delivery for whatever reason, then
a) Dandy Kft. shall notify the Buyer – using the e-mail address supplied by the Buyer – of the delivery attempt and of the fact that it has failed for reasons attributable to the Buyer;
b) Dandy Kft. shall warn the Buyer – using the e-mail address supplied by the Buyer – that unless the Buyer intends to cancel the Contract, it shall pay the fees of the repeated delivery attempt and also notify the Buyer of the planned date of such second delivery attempt.
c) Provided that the Buyer agrees to pay the fees of the second delivery attempt, then Dandy Kft. shall, via e-mail, confirm or change the date of the second delivery attempt and shall, in line with the provisions of the present GTC, make a repeated attempt to deliver the Products.
d) Should the Buyer fail to pay the fees of the second delivery attempt within 5 working days of receipt of the e-mail requesting the Buyer to do so, or if the second delivery attempt also fails, then the Buyer shall be considered to have cancelled the Contract. In this case Dandy Kft. shall have the right to keep the Product whose title shall fall back to Dandy Kft. on the day immediately following the termination of the Contract. Furthermore, Dandy Kft. shall, on the 10th working day following the termination of the Contract, refund to the Buyer the full purchase price paid by the Buyer, less:
– expenses incurred in connection with shipping and actually paid to the forwarding agent,
– a cancellation penalty equalling 10 per cent of the net purchase price of the Product, but not less than HUF 700;
– a flat rate expense compensation equalling 10 per cent of the net purchase price of the Product, but not less than HUF 700 (e.g. administration and banking fees, cost of materials etc.),
– any other certified expenses or losses incurred by Dandy Kft. and not included in the flat rate expense compensation.
5.5. Should Dandy Kft. fall into a delay with its performance exceeding 5 working days and fail to perform its duties under the Contract within 3 working days from a notice sent by the Buyer after the expiry of such 5 days, then the Buyer shall have the right to withdraw from the Contract. In the event of a withdrawal by the Buyer Dandy Kft. shall, within 3 working days, refund to the Buyer the entire purchase price paid by the Buyer and compensate the Buyer for its certified expenses. In the event the Buyer decides to withdraw from the contract as a result of a delayed performance, then Dandy Kft. shall not pay late performance penalty to the Buyer but a cancellation penalty equalling 5 per cent of the purchase price. Such cancellation penalty shall qualify as a flat rate penalty, i.e. the Buyer shall, above and beyond such cancellation penalty, only be entitled to enforce its certified losses against Dandy Kft.
5.6. Unless prohibited by law, the Parties hereby exclude the enforcement of further claims for damages of the Buyer. Notwithstanding this exclusion the Buyer shall have the right to enforce its certified losses resulting from a breach of the Contract by Dandy Kft. in connection with the wilful or gross negligence of Dandy Kft. Such exclusion shall primarily include claims for consequential damages as loss of production or lost profits.
6. Method of payment, payment terms and conditions
6.1. When confirming the order Dandy Kft. shall issue an electronic invoice for the work performed and send it to the Buyer electronically. Dandy Kft. declares that the electronic documents comply with the then current legal provisions, i.e.:
a) Pursuant to Article 174 of Act No. CXXVII of 2007 about general turnover tax (hereinafter: the “GTT Act”) invoices can be issued electronically;
b) The definition of an electronic invoice is set forth in Clause 5 of Article 259 of the GTT Act (Act CXXVII of 2007, aka Áfatörvény).
6.2. The Parties agree that for order confirmations (Contracts) and invoices issued under the present GTC – unless agreed otherwise by the Parties in writing – payment shall be due in advance, within 8 days of receipt of the invoice and by way of bank transfer to the bank account number indicated on the invoice issued by Dandy Kft.
6.3. Any and all payments made under the present GTC shall be considered as effected on the date the entire contractual amount is credited to the bank account indicated in the Contract. Should the Parties agree in a payment method that is different from the one set forth in the present GTC, then the date of payment shall be the date the cash or other compensation is handed over to Dandy Kft.
6.4. On the Website, Dandy Kft. publishes the prices of the Products it sells, indicating the net price and the compulsory general turnover tax at the then current rate (the two add up to equal the gross selling price).
6.5. The prices quoted on the Website are indicative only and Dandy Kft. reserves the right to change them without notice. If a price is indicated both in HUF and EUR, then the amounts in HUF shall prevail. Prices in EUR shall be calculated using the HUF-EUR conversion rate of the bank holding the bank account of Dandy Kft. and published on the date the order is confirmed. Dandy Kft. shall inform the Buyer of the actual price simultaneously with confirming the order (Contract).
6.6. In the event the purchase price indicated on the Website and quoted in the order confirmation (Contract) differ by more than 5 per cent, then the Buyer shall have the right to withdraw from the Contract without any legal consequences. In that case, however, Dandy Kft. shall not be bound by any obligations either.
6.7. The Buyer agrees and acknowledges that the prices indicated on the Website are exclusive of the additional expenses related to packaging and shipping. Such amounts shall always be indicated as extra items in the order confirmation (Contract).
7. Special rules of withdrawal from/cancellation of contracts concluded by and between distant parties
7.1. General rules
7.1.1. In relation to consumer contracts and in compliance with Paragraph (4) of Article 11 of Government Decree 45/2014 (II.26.) on the detailed rules of consumer and work contracts Dandy Kft. hereby informs its Buyers as follows:
7.1.2. Consumers entering into a contract with Dandy Kft. shall have the right to withdraw from the contract within 14 days without stating the reason of such withdrawal.
7.1.3. The withdrawal/cancellation deadline
a) shall expire in 14 days from the day the Buyer or a third person designated by the Buyer (and different from the forwarding agent) takes delivery of the Product;
b) shall, in the event more than one Products are delivered, expire in 14 days from the day the Buyer or a third person designated by the Buyer (and different from the forwarding agent) takes delivery of the last Product;
c) shall, in the event Products comprising more than one items or pieces are delivered, expire in 14 days from the day the Buyer or a third person designated by the Buyer (and different from the forwarding agent) takes delivery of the last item or piece of the Product.
7.1.4. If the Buyer intends to exercise their cancellation/withdrawal right, its unambiguous declaration to this effect shall be sent by post or electronically to one of the following addresses: DBW Dandy Barber World Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság, mailing address: 1138 Budapest, Vizafogó sétány 2. B ép. Fszt. 5, or: email@example.com. During normal business hours Dandy Kft. shall also be available for consumer complaints on the phone number indicated in this GTC.
7.1.5. The cancellation/withdrawal right of the Buyer shall be considered to have been exercised on time if the cancellation/withdrawal declaration was sent before the expiry of the deadline stipulated above.
7.2. Legal effects of cancellation/withdrawal
7.2.1. In the event the Buyer withdraws from the Contract, Dandy Kft. shall, without delay, but in no case later than 14 days from receipt of the Buyer’s declaration of withdrawal, refund to the Buyer all payments effected by the Buyer, including shipping fees (with the exception of extra costs incurred because the Buyer had opted for a shipping method other than the usual, least expensive shipping method offered by Dandy Kft.). For such refund, Dandy Kft. shall use the same payment method as used in the original transaction, unless the Buyer expressly approves the use of another payment method; the Buyer shall incur no additional expenses as a result of using such payment method. Dandy Kft. may withhold such refund until it receives the Product or until the Buyer provides evidence that it has returned it, whichever occurs first.
7.2.2. The Buyer shall return the Product to Dandy Kft. without undue delay, but in no case later than 14 days from the submission of the withdrawal declaration of the Buyer. The deadline shall be considered to have been met if the Buyer returns the Product before the expiry of the 14-day deadline. Direct costs of returning the Product shall be borne by the Buyer. The highest estimated amount of such costs is HUF 10,000.
7.2.3. The Buyer shall only be held responsible for any depreciation of the Product’s value if it was caused by use beyond what is necessary to ascertain the characteristics, features and operation of the Product.
7.2.4. The right to withdraw from the Contract without stating the reasons of such withdrawal shall not be exercised in relation to Products referred to in Paragraph (1) of Article 29 of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and companies, including, specifically:
a) in relation to non-prefabricated Products that were manufactured in line with the instructions or upon the specific request of the consumer, or to Products that were specifically tailored to the customer’s needs;
b) in relation to perishable Products or those with a short shelf life;
c) in relation to Products in a sealed packaging that, when they are opened after delivery, cannot be returned for health or hygienic reasons;
d) in relation to a product that, by virtue of its characteristics, inseparably mixes with other Products after it has been opened.
8. Rules of warranty, product warranty and guarantee
8.1. In view of Paragraph (5) of Article 11 of Government Decree No 45/2014 (II.26.) about the detailed rules of contracts between consumers and companies Dandy Kft. informs its Buyers who qualify as consumers as follows:
8.2.1. In the event of a defective performance by Dandy Kft. the Buyer can enforce warranty against Dandy Kft. in line with the provisions of the Hungarian Civil Code.
8.2.2. The Buyer can, at its own choice, enforce the following warranty claims. The Buyer may demand repair or replacement, unless complying with the Buyer’s choice is impossible or compliance would cause disproportionate extra costs to Dandy Kft. compared to compliance with another demand. If the Buyer did or could not demand repair or replacement, then it may demand a proportional reduction of the consideration or have the damage fixed by a third party at the expense of Dandy Kft. or, as a last resort, can withdraw from the Contract. The Buyer shall have the right to skip from one warranty demand to another, but the related costs shall be borne by the Buyer, unless it was justifiable or it was necessitated by Dandy Kft.
8.2.3. The Buyer shall report the defect immediately after but at any rate within two months of its discovery. However, the Buyer shall not enforce its warranty claims beyond the two-year period of limitation calculated from the performance of the Contract.
8.2.4. The Buyer can enforce its warranty claims against Dandy KFt.
8.2.5. Within six months from performance there are no other conditions of enforcement of the Buyer’s warranty claims apart from reporting the defect, provided that the Buyer can prove that it purchased the product from Dandy Kft. However, beyond the six-month deadline the Buyer must prove that the defect it discovered had already existed at the time of performance.
8.3. Product warranty
8.3.1. For defects of movable assets (Products) the Buyer shall have a choice to exercise its right referred to in Clause 8.2 above or its right for product warranty.
8.3.2. As regards product warranty, the Buyer can only demand the repair or replacement of a defective Product. A Product shall be considered as defective if it does not meet the quality requirements in force at the time it was offered for sale or if it does not have the characteristics listed in the product description issued by the manufacturer.
8.3.3. The Buyer can enforce its product warranty claims within two years of the Product being offered for sale by the manufacturer. Such right shall terminate upon the expiry of the two-year deadline.
8.3.4. The Buyer may enforce its product warranty claims against the manufacturer or distributor of the Product only. For product warranty claims the defect of the Product must be proved by the Buyer.
8.3.5. The manufacturer (or the distributor, i.e. Dandy Kft.) shall only be freed from its product warranty liabilities if it can prove that:
a) the Product was not manufactured or sold in the course of its business activities, or
b) based on the current state of development of science or technology the defect could not be detected at the time the Product was offered for sale, or
c) the defect resulted from compliance with a legal provision or a compulsory requirement of an authority.
Proving one of the reasons listed above will be sufficient for the manufacturer (or the distributor, i.e. Dandy Kft.) to be freed from its product warranty liabilities.
8.3.6. The Buyer must not simultaneously enforce warranty and product warranty claims in relation to the same defect. However, in the event of a successful enforcement of a product warranty claim the Buyer shall have the right to enforce warranty claims against the manufacturer in relation to the replacement Product or to the repaired part thereof.
8.4.1. The warranty obligation of Dandy Kft. shall only apply to consumer durables listed in the Annex of Government Decree No 151/2003 (IX.22.) on certain consumer durables with a purchase price exceeding HUF 10,000.
8.4.2. Dandy Kft. shall only be freed from its warranty obligation if it can prove that the defect occurred after the Product was delivered.
8.4.3. The Buyer must not simultaneously enforce warranty and guarantee claims in relation to the same defect. However, the Buyer shall be entitled to its guarantee rights irrespective of its rights referred to in Clauses 8.2 and 8.3 above.
9. Business secrets, copyright
9.1. Any and all facts, data and information relating to the legal relationship of the Parties shall constitute business secrets. The Buyer acknowledges that the documents, materials, drawings, specifications, quotations etc. are the exclusive property of Dandy Kft., i.e. their disclosure to third parties shall constitute a breach of business secrets and the business and criminal liability consequences of such breach shall be borne by the Buyer.
9.2. The Products sold by Dandy Kft. are subject to the patent rights, copyright or other forms of legal protection of the legal persons manufacturing such Products. The Buyer must observe these rights in compliance with relevant legal provisions. The Buyer shall be responsible for any breach of a third Party’s rights attributable to the Buyer.
10. Amendment of the GTC, cases of termination or cancellation of the Contract
10.1. The present GTC will be published on the Website on the date indicated below and shall be applied to legal relationships entered after its publication as long as a new GTC is approved and published.
10.2. Dandy Kft. shall have the right to amend the provisions of the GTC but it shall publish the key elements of the amendments on the opening page of its Website 15 days before they enter into force.
10.3. The Parties agree that they conclude the present Contract for a definite term that shall end on the date of contractual performance. The Parties may diverge from this rule on a case by case basis and conclude the Contract for an indefinite term (framework contract).
10.4. The Contract signed by and between the Parties may be terminated by mutual agreement, withdrawal or cancellation.
10.5. The Parties agree that a withdrawal or cancellation can only be exercised on the grounds listed in the present GTC or in the separate contract, unless the other Party seriously breaches its contractual obligations (non-performance or complete refusal of further cooperation). Reasons that are irrelevant or fail to seriously breach the Party’s interest shall not give rise to a withdrawal or cancellation.
10.6. Unless directed otherwise by the present GTC or the separate contract of the Parties and provided that Dandy Kft. has met its contractual obligations, then if at the time of the withdrawal or cancellation by the Buyer there is a validly existing but unfulfilled separate order pending, the Buyer shall compensate Dandy Kft. for its certified losses and completed efforts.
10.7. Unless directed otherwise by the present GTC or the separate contract of the Parties and provided that the Buyer has met its contractual obligations, then if at the time of the withdrawal or cancellation by Dandy Kft. there is a validly existing but unfulfilled separate order pending, then Dandy Kft. shall complete the partial jobs in progress and the Buyer shall pay for them, provided that they comply with the conditions of the order confirmation (Contract).
10.8. Both Parties shall have the right to withdraw from or cancel the Contract, however, in the event of a withdrawal or cancellation by the Buyer the Buyer shall refund to Dandy Kft. its expenses incurred until that point and 20 per cent of the net purchase price (facultas alternativa). Such refund shall include the administrative, banking and material expenses incurred by Dandy Kft. and any and all expenses related to the preparation for delivery, except any shipping fees already paid. In the event of a withdrawal or cancellation Dandy Kft. may also enforce other claims for damages. A withdrawal or cancellation shall be valid if made in writing, complete with reasons, and sent to the mailing address of the other Party via registered mail with confirmed delivery. A registered mail with confirmed delivery shall be considered as delivered on the 5th working day after it was posted, and even if it is returned with the note “unclaimed” or “receipt refused”. In the event Dandy Kft. withdraws from or cancels the Contract, but in a manner different from the manner described in the present GTC or in the separate Contract, then it shall refund to the Buyer the purchase price already paid and a sum equalling net 5 per cent of the purchase price (facultas alternativa) without delay. In the event of a withdrawal or cancellation the Buyer may also enforce other claims for damages.
10.9. The termination or cancellation of the contract signed by and between the Parties shall not free the Parties from meeting their obligations or from the payment of their outstanding fees incurred prior to such termination or cancellation.
10.10. Dandy Kft. shall have the right to suspend the services with immediate effect or terminate the contract with immediate effect if bankruptcy, liquidation or final settlement proceedings or any other proceedings resulting in winding up are initiated against the Buyer.
11. Act of God
11.1. Neither Party shall be responsible for the fulfilment of their respective contractual obligations if unavoidable events beyond their control happen, including but not limited to natural disasters, fires, floods, authority decrees, states of emergency, riots, civil wars, wars, strikes, demonstrations or similar industrial action, traffic or other disruptions, or raw material shortages.
11.2. If the discontinuation of work resulting from an Act of God exceeds two months, either Party shall be entitled to terminate the Contract.
11.3. In the event of an Act of God the affected Party shall notify the other Party in writing.
11.4. Not even Acts of God shall free the Buyer from settling the invoices of already rendered services.
12. Control of personal information
12.1. Control of personal information under the present GTC shall be subject to the separate Data Control Information (Personal Information Policy) of Dandy Kft. available under http://dandythebarber.hu/ .
13. Legal disputes
13.1. For legal disputes arising from the present GTC and from the Contract the Parties submit themselves to the exclusive jurisdiction of, depending on the value of the object of the dispute, the local (district) or county (metropolitan) Hungarian court having territorial jurisdiction at the registered seat of Dandy Kft. at the time. Legal disputes shall be subject to Hungarian law.
13.2. A Buyer who qualifies as a consumer may also refer its legal disputes with Dandy Kft. to a conciliation body. Contact details of the Budapest Conciliation Body are as follows:
a) Registered seat: 1016 Budapest, Krisztina krt. 99. III. em. 310.
b) Mailing address: 1253 Budapest, Pf.: 10.
c) E-mail address: firstname.lastname@example.org
d) Fax: +36 (1) 488 21 86
e) Telefon: +36 (1) 488 21 31
13.3. If the Buyer has any complaint the Buyer shall be entitled to turn to the conciliation body which’s competency depend on the address of the consumer. The contacts of conciliation bodies are available here: http://www.fogyasztovedelem.kormany.hu/node/8579
13.4. The conciliation bodies are independent bodies which are operating beside the territorially competent chambers of commerce and industry. These conciliation bodies are competent to settle disputes out of court in order to attempt making settlement between the parties regarding disputes arisen between the enterprise and consumers in connection with the quality or safety of products, application of product liability rules, quality of service, conclusion and performance of agreements. If these proceedings end with no settlement, the conciliation bodies makes decisions in order to secure the simple, fast, effective and cost-effective enforcement of consumer rights. At request of consumer or the enterprise the conciliation body gives advice regarding the rights and obligations of the consumers.
13.5. The competent conciliation body for this process is where the residence or dwelling place of the consumer locates. In lack of residence or dwelling place of consumer, the registered seat of the enterprise or its represent body affected by the consumer dispute determines the competent authority. The consumer is legally entitled to appoint the competent authority.
13.6. If the consumer has any complaint, the consumer is entitled to turn to turn to the European dispute resolution forum. In order to use this forum, the consumer shall make a simple registration here: https://webgate.ec.europa.eu/cas/eim/external/register.cgi?loginRequestId=ECAS_LR-4910284-bFNAMx5Q6b5SuCNZWHYvrENissPnXyiCyOKX3CtsYmzeHj0fD9VShOJhCNzzKzzm11mO056K0GH62LdBBu3t7bA-PHslUMVSXYCHutmzRzGSoo0-XywZ5jaxHxO63lMywVeL1TOogUxmKZQZpoznr0Tyado
13.7. After this registration and login, the consumer is entitle to submit its complaint via online homepage, here: http://ec.europa.eu/odr
14. Closing provisions
14.1. If any sections of this GTC shall be null and void, the other parts of the contract remain obligatory binding. Where it is applicable, the concerning provisions of laws shall be applicable instead of the null and void sections of this GTC.
14.2. The present GTC shall always be valid in conjunction with the electronic contract (submission of an order and its confirmation) concluded by and between Dandy Kft. and the Buyer for the purchase of the Products featured on the Website or, in the case of a separate contract, in conjunction with the separate quotation and its written confirmation (via e-mail or mail).
Budapest, 1 February 2019