1. CONTRACTUAL RELATIONSHIP
1.1 In default of the contracting parties’ differing written agreement, Sylverro Ltd’s sales shall happen solely according to the conditions laid down by the General Term of Agreement (GTA), that rate accepted by the consumer at latest after the registration of the customer, and become part of the contract, also if regarding to his/her orders the customer incidentally has his/her own general terms of agreement.
1.2 The contract made on the previously mentioned conditions shall only be modified by right of the contracting parties’ written agreement.
1.3 With his/her order the customer assumes on the conditions laid down by the current GTA, that he’she will take the ordered goods and will entirely pay the purchase price according to the price-list given by Sylverro Ltd on prompt.
2. REGISTRATION, PAYMENT CONDITIONS
2.1 In the course of its e-commerce, Sylverro Ltd sells products in return for payment on identical time with the receipt of the goods.
2.2 The customer agrees to the fact, that Sylverro Ltd can use and handle his/her personal data in the course of the contractual relationship, and, that Sylverro Ltd can store them in their registry. Furthermore pursuant to the current GTA, with the order the customer expresses his/her demand for receiving commercial and marketing offers via post or e-mail from Sylverro Ltd. Pursuant to the current GTA, the customer has the right to withdraw this previously mentioned demand anytime, by sending a written statement about the limitation or prohibition of the commercial and marketing materials sent for him/her to Sylverro Ltd.
3. ORDERING METHOD
3.1 The customer expressly takes notice of the fact, that orders from Sylverro Ltd through the internet (www.molettdivat.hu) or via e-mail (email@example.com) shall only be placed after having the registration by Sylverro Ltd completed. The electronically placed orders on their own do not make a fulfillment liability issue for Sylverro Ltd, however, the confirmation e-mail of the order, sent by Sylverro Ltd, within 3 workdays from the receipt of the order, effectively establishes the contract between the parties. Giving out the confirmation of the order is not a precondition of the delivery; with the receipt of the products the contract effectively comes into existence between the customer anc Sylverro Ltd, even if giving out the confirmation of the order has failed.
3.2 The contract, that has came into existence according to the above mentioned, counts as a written contract, that will be filed once a day by Sylverro Ltd. The writing materials of the contract, that has came into existence according to the above mentioned, shall be stored for a year by Sylverro Ltd on their seat.
3.3 The customer knows and agrees the risk of purchase through the internet, and in consideration of these, Sylverro Ltd has no liability in the course of purchase through the internet
- for internet network errors, which can obstruct the functioning of the webshop or the purchase of the customer;
- for the receipt of any data not from the provider in the course of sending or confirming the electronic order;
- for breakdowns in any of the receiver devices;
- for inadequate operation of any software used in the process of purchase;
- and for the outhgrowth of any program error, extraordinary occurence or technical error in the provider network.
4. METHOD AND IMPLEMENTATION OF DELIVERY
4.1 The delivery of the products ordered on workdays shall happen by the GLS cash on delivery service, within 14 workdays, to the given address. The receipt of the products shall be ensured to the customer’s risk. If the delivery has failed, the deliverer shall try to contact the customer for the conciliation of the delivery’s details. One further failure of the delivery on a previously agreed time invalidates the contract made between the parties.
4.2 The delivery and packaging fee is a standardized amount of 1000 HUFs/ address. Personally picking up the products in any of our shops is free of charge!There is a free shipping over 30.000 HUF, or 500RON . The indicated shipping costs are valid for Hungary and Romania ONLY. International shipping costs vary pls. ask for quotation here: firstname.lastname@example.org We would love the opportunity to serve you.
4.3 When receiving the goods, the customer is liable for making sure of the existence of the right amount of the products and of the perfect condition of the packaging through his/her representative, and he/she shall certify this fact on the consginment note with his/her signature.
4.4 The customer has the right to send back the goods at the expense of Sylverro Ltd, and to deny the payment
- if the quantity of the products is not correct;
- if the item was not ordered;
- and/or if the product does not have the right parameters, for example if it is a differing size.
5. RESERVATION OF OWNERSHIP
5.1 Sylverro Ltd reserves the ownership of all goods until the complete payment of their countervalue.
6.1 Sylverro Ltd is only able to raise a damage claim with the delivery company – and to send a new, perfect product to the customer – when having a written coverage about the damage from the customer.
6.2 In case of faults, that do not obstruct the proper use of the delivered product, and of insignificant faults or incompletenesses, the customer does not have the right to deny the receipt of the products, or to deny the payment of the product’s countervalue referring to the previously mentioned. With the receipt of the goods the risk of damage in point of the products devolves from Sylverro Ltd or the delivery partner upon the customer.
6.3 Sylverro Ltd does not accept claims about the amount after having the carriages itemisedly delivered and received.
6.4 The duration of the warranty in reference to the delivered goods is 1 years, which starts from the receipt of the goods by the customer. The warranty demand is enforceable with the invoice, that was given to the customer at the same time with the receipt of the goods. The customer can validate claims and the demand for warranty at the customer service of Sylverro Ltd.
6.5 Products with faulty quality will be replaced free of charge by Sylverro Ltd on condition of the receipt of the product, the invoice related to the product and the designation of the fault.
7. PRICES, PRICE CHANGES
7.1 Invoicing shall happen in accordance to the effective pricelist. The contractual price is the one shown in the confirmation of the order, respectively the price confirmed before the purchase. The prices shown next to the products are gross prices, which do not contain the delivery cost.
7.2 Sylverro Ltd reserves the right of change in prices.
8.1 The customer has the right to desist from the contract within 8 workdays from the quantitative receipt of the goods, if having the received goods completely returned in perfect condition. The costs of the return are on the customer. In case of withdrawal practised in accordance to the above mentioned, Sylverro Ltd shall refund the purchase price payed by the customer – reduced with the rightful costs emerging from the withdrawal – within 30 days from the withdrawal to the customer. The customer is not authorized to practise the right of withdrawal also in case of products tied to the personality of the customer, furthermore in case of products made as directed by or to the explicit request of the customer.
8.2 When the ordered product is out of stock, Sylverro Ltd has the right to desist from the contract that came into existence between the parties with a unilateral statement sent via e-mail.
9. CONTROVERSIAL ISSUES, APPLICABLE LAW
9.1 From the issue of this present General Terms of Agreement the previous ones lose their validity. If some parts of the GTA proved invalid, that would not affect the whole GTA, the regulations of the applicable law would supplant the invalid parts.
9.2 After having the registration completed, the customer acknowledges with the order of any products the knowledge, the cognizance and approval of the regulations in the GTA.
9.3 In reference to the present legal relationship, all data, fact and information in the knowledge of the parties qualify as trade secret. The violation of this obligation of the contract makes Sylverro Ltd entitled to validate their damages arisen from the violation of the trade secret.
9.4 The contracting parties agree, that they would like to solve all their occurent legal dispute arisen from this contract primarily in a peaceful way, with conciliation. If the conciliation does not lead to a solution, then depending on the limit of value they specify the exclusive competence of the Pest Central District Court or the Court of Budapest, and its judgement they consider as obligatory for themselves and to be executed.
9.5 The language of the contract came into existence between the parties is Hungarian, respectively the conventions of the Hungarian law, primarily the regulations of 1959. year’s IV. act regarding the Civil Code, 2001. year’s CVIII. act regarding the Electronic Commercial Services and the Governmental Regulation 17/1999., dated 5th of February, regarding the Contracts Made Between Distant Parties are proper in the contractual legal relationship made between the parties.