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Terms of purchase

General terms and conditions
1. Introduction

These General Terms and Conditions (hereinafter referred to as "GTC") contain the terms and conditions of use of the service available on the website http://www.gabiartwork.hu (hereinafter referred to as "the Website") by the user (hereinafter referred to as "the User"). The technical information necessary for the use of the Website, which is not included in these GTC, is provided in the information available on the Website. By using the Website, the User acknowledges and accepts the terms of these GTC.

2. The Service Provider

Name: Szabó Gábor Márk Egyéni Vállalkozó

Adress: 3534, Miskolc, Almás utca 14., Hungary

Address for correspondence: 3534, Miskolc, Almás utca 14., Hungary

Name of representative: Gábor Szabó

Registration number: 55143336

Name of registering office: Miskolc Megyei Jogú Város Polgármesteri Hivatala

Tax number: 56494006-1-25

EU tax number: HU56494006

Account holder financial institution: Raiffeisen Bank Zrt.

Számlaszám: 12046119-01816694-00100008

IBAN account number: HU74-1204-6119-0181-6694-0010-0008

E-mail address: info@gabiartwork.hu

Telephone number: +36-30/5676118

3. Activities on the website

On the website, the Service Provider presents and sells its services and handcrafted model railway accessories.

4. Terms of use

4.1. Responsibility

The User may use the Website solely at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, in addition to liability for intentional, grossly negligent or criminal breach of contract, or for damage to life, limb or health. The Service Provider excludes all liability for the conduct of the users of the Website and that the User is fully and solely responsible for his/her own conduct. The User shall ensure that the use of the Website does not infringe, directly or indirectly, the rights of third parties or the law. The Service Provider is entitled, but not obliged, to check the content (e.g. comments) that Users may make available when using the Website, and the Service Provider is entitled, but not obliged, to look for indications of illegal activity in the content published and shall not be liable for such indications.

4.2 Copyright

The entire website (texts, images, graphic elements, etc.) is protected by copyright, so it is forbidden to copy, modify or distribute it for commercial purposes.

5. Shopping on the website

5.1. Order process

The website provides the User with the possibility to present products and to order online. The User can browse the website by using the menu items. The products are listed in categories. The category "Special offers" contains all the products available in the store. For each product, the start and expiry date of the promotion or the start date and while stocks last are indicated separately. The News section contains the new products that have been added to the site's range.

If the customer registers, the User must provide the following information: name, e-mail address, telephone number, billing address and, if different, delivery address. In addition to the above information, a password is required to register. The User will be informed of successful registration by e-mail and on the website. The User may request the cancellation of his/her registration by e-mail, in which case he/she will have to re-register for a new purchase. The User is responsible for keeping the access data confidential. The User shall be responsible for updating his/her data and shall notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party. In the event of a forgotten password, a new password can be requested on the website to the registered e-mail address.

Click on the name of the category to see the list of products installed in it. If all the products in a given category do not fit on one page, you can scroll through them using the numbers above and below the products. From the product list, the detailed product page can be accessed by clicking on the product name, where you can find out about the detailed features and price of the product you wish to order.

On the website you can search for products by keyword. The results matching the search criteria are displayed in a list like the categories.

The selected product can be added to the basket by clicking on the basket button, and the number of items required can be set next to the button. The user can check the contents of the basket by selecting the basket menu item. Here you can change the quantity of the product you want to order or delete the item. The Empty Cart button can also be used to completely empty the cart. The User can continue the purchase process by clicking on the Order button. The second step is to register or, if this has already been done, to access the website by entering the User's e-mail address and password.

As a next step in the ordering process, the User must choose the payment and delivery method that suits him/her. A summary page allows the User to check all the details previously provided and the products and quantities he wishes to order. In case of data entry errors, the user can correct the data entered by clicking on the pencil icon. If everything is correct, you can finalise your order by clicking on the Submit Order button. You will receive confirmation of this on the website or by e-mail. If, after the order has been confirmed (e.g. in the confirmation e-mail), you find any incorrect information, you must notify the Service Provider immediately, but within 24 hours at the latest.

Regardless of the ordering intention, the User can log in using the Customer Login window or the Login menu item. After logging in, an Edit Data menu will appear, where you can edit the details you entered during registration, as well as track the details and status of your placed order.

The User can pay for his order by bank transfer, credit card, PayPal or cash in case of personal receipt.

 

5.2. Binding nature of the offer, confirmation

The Service Provider will inform the User of the confirmation within 48 hours. If the User does not receive this confirmation within 48 hours, the User shall be released from his/her obligation to bid and shall not be obliged to accept the ordered products.

5.3. Establishment of the contract

The contract can be concluded in Hungarian. The placing of the order shall be deemed to be a contract concluded by electronic means, which shall be governed by the provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The contract is subject to the provisions of the Government Decree 45/2014 (26.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.

In addition to the automatic confirmation e-mail, the Service Provider will send the User a second e-mail (separate acceptance e-mail) within 48 hours, accepting the User's offer. The contract shall be concluded upon receipt of the separate e-mail of acceptance of the offer by the Service Provider.

5.4. Registration of the contract

A contract concluded via the website does not constitute a written contract, the Service Provider does not file it and it is not accessible subsequently.

5.5. Invoice

The Service Provider shall issue a paper invoice for the purchase on the website, which shall be made available to the User upon delivery of the order, or in case of personal receipt of the order, upon its delivery.

If the User wishes to request a separate invoice for individual items, he/she must order them separately.

5.6. Payment

The following payment methods are available when shopping on the website:

5.6.1. Advance payment

The Service Provider offers the possibility of prepayment by bank transfer for both postal delivery and personal receipt.

5.6.2. Cash on the spot

Cash payment is only possible in case of personal receipt.

5.6.3. Payment by credit card

Online credit card payments are made through the Barion system. Credit card details are not passed to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, licence number H-EN-I-1064/2013.

5.6.4. PayPal payment

For this payment method, the customer will be redirected to PayPal. There, you can use your credit card or existing PayPal user to pay the bill. In all cases, you will need to enter your credit card details on the PayPal site, so they will not be passed on to the merchant under any circumstances. Accepted credit cards.

5.7. Pick-up facilities, delivery

When making a purchase on the website, the User may choose from the following pick-up options and delivery methods:

5.7.1. International parcel delivery by Magyar Posta

Our products are delivered all over the world by the "Hungarian Post"! Shipping costs are not included in the price of our products!

Delivery time in Hungary is 1-2 working days!
Delivery time within Europe is 2-5 working days, outside Europe 7-14 working days!

All packages are sent with value insurance! If your parcel is delivered damaged and the products inside are heavily damaged, please make sure to report it to the deliverer and take a photo of the damaged parcel! This is the only way for "Magyar Posta" to reimburse the price of the damaged products!

5.7.2. Personal receipt

The Service Provider will provide the possibility of personal collection only by prior arrangement.

In certain cases, the Service Provider reserves the right to organise the home delivery differently from the chosen home delivery method. Therefore, the Service Provider may not charge the User any additional costs.

6. Right of withdrawal

6.1. Procedure for exercising the right of withdrawal

The provisions of this clause apply only to natural persons acting outside the scope of their profession, self-employed occupation or business activity who buy, order, receive, use or make use of goods and who are the addressee of commercial communications or offers relating to goods (hereinafter referred to as the Consumer).

To withdraw from the contract without giving any reason within fourteen (14) calendar days from the date of receipt of the goods, or, in the case of the supply of several goods, the last goods supplied, by the Consumer or a third party other than the carrier and indicated by the Consumer.

The Consumer may also exercise his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the goods.

If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement of his intention to withdraw (e.g. by post, fax or electronic mail) to the Service Provider using the contact details indicated in point 1 of these GTC. For this purpose, the Consumer may also use the model withdrawal form attached to the order confirmation e-mail. The Consumer shall exercise his right of withdrawal within the time limit if he sends his withdrawal notice to the Service Provider before the expiry of the time limit indicated above.

The burden of proving that the Consumer has exercised his right of withdrawal in accordance with the provisions set out in point 5 shall lie with the Consumer.

In both cases, the Service Provider shall immediately acknowledge receipt of the Consumer's withdrawal by e-mail.

In the case of a written withdrawal, it shall be deemed to have been validated within the time limit if the Consumer sends his declaration to that effect to the Supplier within 14 calendar days (up to and including the 14th calendar day).

In case of notification by post, the Service Provider will take into account the date of posting, in case of notification by e-mail or fax, the date of sending the e-mail or fax for the calculation of the time limit. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven.

In the event of withdrawal, the Consumer must return the ordered product to the address of the Service Provider indicated in point 1 without undue delay, but no later than 14 calendar days from the date of notification of his withdrawal. The time limit shall be deemed to have been observed if the Consumer sends (posts or delivers to the courier service ordered by him) the product before the expiry of the 14-day time limit.

The cost of returning the product to the Service Provider's address shall be borne by the Consumer. The Service Provider shall not be entitled to accept the parcel returned by cash on delivery. No costs other than the cost of returning the product shall be charged to the Consumer in connection with the withdrawal.

If the Consumer withdraws from the contract, the Service Provider shall reimburse all the consideration paid by the Consumer, including the transport (delivery) costs, without delay, but no later than 14 calendar days after receipt of the Consumer's notice of withdrawal, except for the additional costs incurred because the Consumer chose a transport method other than the cheapest usual transport method offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or until the Consumer has provided credible proof that it has been returned, whichever is the earlier.

The refund will be made by the Service Provider using the same payment method as the one used for the original transaction, unless the Consumer explicitly agrees to another payment method; no additional costs will be charged to the Consumer as a result of using this refund method.

The Consumer may be held liable for depreciation of the product only if it is due to use beyond that necessary to establish the nature, characteristics and functioning of the product.

6.2 In which cases is the Consumer not entitled to the right of withdrawal

In the case of a contract for the provision of a service, after the service has been performed in its entirety, if the Service Provider has started the performance with the express prior consent of the Consumer and the Consumer has acknowledged that he/she loses the right to terminate the contract after the service has been performed in its entirety.

In the case of a non-prefabricated product which has been produced by the Service Provider on the instructions or at the express request of the Consumer, or in the case of a product which is clearly personalised for the Consumer.

In the case of a contract for work where the Service Provider visits the User at the express request of the Consumer to carry out urgent repair or maintenance work.

For the sale of a copy of a sound or video recording or computer software in sealed packaging, if the Consumer has opened the packaging after delivery.

In the case of digital content provided on a non-tangible medium, if the Service Provider has commenced performance with the express prior consent of the Consumer and the Consumer has, at the same time as giving such consent, acknowledged that he/she loses the right of withdrawal after the performance has commenced.

7. Warranty

7.1. Accessories warranty

In the event of defective performance by the Service Provider, the User may assert a claim for ancillary liability against the company in accordance with the provisions of the applicable laws.

In the case of a consumer contract, the User who is a Consumer may enforce his warranty claims during the 2-year limitation period from the date of receipt of the product for product defects that already existed at the time of delivery of the product. After the two-year limitation period, the User may no longer enforce his rights under the warranty.

In the case of a contract not concluded with the Consumer, the User may assert his warranty claims during the limitation period of 1 year from the date of receipt.

The User may, at his/her option, make the following warranty claims: request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the company compared to the fulfilment of his/her other claim. If the repair or replacement is not requested or could not be requested by the Customer, the Customer may request a proportionate reduction in the price or have the defect repaired or replaced by another party at the expense of the undertaking or, as a last resort, may withdraw from the contract.

The User may transfer his right of warranty from one of his chosen rights to another, but the cost of such transfer shall be borne by the User, unless it was justified or the Company gave a reason for it.

The User shall notify the Supplier of the defect immediately upon its discovery, but not later than two (2) months after the discovery of the defect.

The User may assert a warranty claim directly against the Company.

In the case of a defect discovered within six months of performance (i.e. after delivery or acceptance), the defect must be presumed to have existed at the time of performance, unless this presumption is incompatible with the nature of the defect or the nature of the product. The Service Provider shall be exempted from the warranty only if it rebuts this presumption, i.e. proves that the defect in the product arose after delivery to the User. On this basis, the Service Provider is not obliged to accept the User's complaint if it can prove that the defect is due to improper use of the product. However, after six months from the date of delivery, the burden of proof is reversed, i.e. in the event of a dispute, the User must prove that the defect existed at the time of delivery.

7.2. Product warranty

Product warranty can only arise in the event of a defect in movable goods (product). In such a case, the User, who is the Consumer, may, at his option, exercise his right under clause 7.1 or claim under the product warranty.

As a product warranty claim, the User may only request the repair or replacement of the defective product.

A product shall be deemed defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.

The User shall have a period of two (2) years from the date on which the product was placed on the market by the manufacturer to assert his warranty claim. After this period has elapsed, he shall lose this right.

The User may exercise his right to claim under the product warranty only against the manufacturer or distributor of the movable good.

In the event of a product warranty claim, the User must prove that the product is defective.

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

- the product was not manufactured or put into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

The manufacturer (distributor) need only prove one ground for exemption.

The same defect cannot give rise to both claims under an accessory warranty and a product warranty at the same time. However, in the event of a successful product warranty claim, the User may assert a claim against the manufacturer for the replacement product or repaired part.

7.3. Good Standing

In relation to the mandatory warranty for certain consumer durables, the Government Decree 45/2014 (26.II.) on the mandatory warranty for certain consumer durables contains provisions. The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary and listed in the Annex to the Regulation.

In respect of the durable consumer goods listed in the Annex to the Government Decree, the mandatory warranty period is 1 year, starting from the date of delivery of the product to the Consumer or, if the installation is carried out by the Service Provider or its agent, from the date of installation.

The undertaking shall be exempted from its obligation to provide a guarantee only if it proves that the cause of the defect arose after performance.

The User may not assert a warranty claim and a warranty claim or a product warranty claim and a warranty claim for the same defect at the same time and in parallel, otherwise the User shall have the rights arising from the warranty irrespective of the rights set out in Clauses 7.1 and 7.2.

7.4. Enforcement of warranty and guarantee claims

The User may assert his/her warranty claims by contacting:

Name: Szabó Gábor Márk Egyéni Vállalkozó

Address for correspondence: 3534, Miskolc, Almás utca 14., Hungary

Phone number: +36-30/5676118

E-mail address: info@gabiartwork.hu

8. Enforcement options

8.1. Place, time and manner of lodging a complaint

The User may submit consumer complaints about the product or the Service Provider's activities to the following contact details:

Name: Szabó Gábor Márk Egyéni Vállalkozó

Adress: 3534, Miskolc, Almás utca 14.

Mobil: +36-30/5676118

E-mail: info@gabiartwork.hu

The Service Provider shall, if it has the opportunity, remedy the verbal complaint immediately. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint or if the User does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint for a period of five years, together with its substantive response to the complaint.

The Service Provider shall provide a copy of the record to the User on the spot in the case of a verbal complaint communicated in person or, if this is not possible, shall proceed in accordance with the rules for written complaints detailed below.

In the case of an oral complaint communicated by telephone or other electronic communication service, the Service Provider shall send a copy of the minutes to the User at the latest at the same time as the substantive reply.

In all other cases, the Service Provider shall proceed in accordance with the rules applicable to written complaints.

Complaints recorded by telephone or other means of communication shall be provided by the Service Provider with a unique identifier, which shall facilitate the subsequent tracing of the complaint.

The Service Provider shall reply to the complaint received in writing within 30 days. Action under this contract means posting.

If the complaint is rejected, the Service Provider shall inform the User of the reasons for the rejection.

8.2. Other enforcement options

In the event that any consumer dispute between the Service Provider and the User is not resolved through negotiations with the Service Provider, the following enforcement options are available to the User:

- Initiation of the procedure of the Miskolc Conciliation Board, which is competent at the headquarters of the Service Provider, at the following contact details:
headquarters: 3525 Miskolc, Szentpáli u. 1.; mailing address: 3525 Miskolc, Szentpáli u. 1.;
-e-mail address: bekeltetes@bokik.hu;
-telephone: +36-46-501-091, 501-090
-Online dispute resolution platform
-Complaints to the consumer protection authority,
 legal proceedings

9. Other

9.1. GTC, modification of prices

The Service Provider may modify these GTC, the prices of the products sold on the website and other prices indicated on the website at any time with non-retroactive effect, the modification shall take effect after publication on the website and shall apply only to transactions after the date of entry into force.

9.2. Technical limitations

Purchasing on the Website implies the User's knowledge and acceptance of the possibilities and limitations of the Internet, in particular with regard to technical performance and errors that may occur. The Service Provider shall not be held liable in the event of any malfunction of the Internet network which prevents the Website from functioning and the purchase.

9.3. Data protection information

The privacy policy of the service provider is available here.

 

A 45/2014. (II. 26.) kormányrendelet a fogyasztó és a vállalkozás közötti szerződések részletes szabályairól ide kattintva olvasható.

10. Details of the hosting provider

Name: UNAS Online Kft.

Headquarters: 9400 Sopron, Kőszegi út 14.

Availability: unas@unas.hu

Website: www.unas.hu

 

 

Effective date of these General Terms and Conditions: 1 January 2024.

Privacy Policy