TERMS & CONDITIONS

General Terms and Conditions

These General Terms and Conditions detail the legal terms and conditions governing any purchase in or via the www.brodyartyard.com internet store that is operated by Brody ArtYard Kereskedelmi Korlátolt Felelősségű Társaság (1064 Budapest, Vörösmarty utca 38, Hungary) (“Company”).

By submitting your order, you accept that, on confirmation, these General Terms and Conditions and conditions together with any applicable legal regulations shall govern the contract concluded electronically between distant parties – please make sure you read them before finalising your final order!

 

Company Data

 

  • Service provider: Brody ArtYard Kereskedelmi Korlátolt Felelősségű Társaság
  • Seat: 1064 Budapest, Vörösmarty utca 38, Hungary
  • Company registration number: 01-09-956456
  • Tax number: HU23173750

Scope of Contract

The scope of the contract is all product items found in the www.brodyartyard.com internet store. The characteristics, features, pictures can be seen on the specific page attached to the product. We upload the data, descriptions, sizes and other features of the products according to our best knowledge. We do not undertake liability for their aversion from reality. The language of the contract arising through the usage of this website is English.

 

Identification of Contracting Parties, Registration

The purchase contract is concluded by and between the Company as seller and you in your capacity as the customer and prospective purchaser. For the acceptance of your order, the data of the customer are necessary, which you can find on the registration pages of the website (name, e-mail address, telephone number, mobile number, delivery name, delivery address, invoicing name, invoicing address). We request and store these data exclusively for the accurate performance of the orders and, if necessary, for the sake of getting into contact with you. We do not accept data given deficiently, falsely, or imprecisely and retain our rights to refuse such orders accordingly. In case the given data is not accurate or in conflict with any section of these General Terms and Conditions, we may delete the order without justification. The Company upholds the right to check the correctness of the registered data. The www.brodyartyard.com internet store makes it possible for its purchasers to terminate the contact and to delete their data from the registry of the store. In order to do this, please, send us an e-mail (to info@brodyartyard.com) detailing your own e-mail address, name and entrance password (if any) given upon registration.

With your registration on the website, the customer warrants and accepts that:

(a)  s/he is over 18 years of age, he is not under guardianship limiting his legal capacity, as well as he possesses the discretionary power to make valid legal declarations;

(b)  the data provided during and pursuant to the registration is true and accurate. In each case modification takes place in his data given, he shall modify these on the registration surface of the website in order to avail smoothly the services of the website and he shall ensure that these data remain true and accurate during the entire term of the registration;

(c)   s/he may not pretend to be another existing person and may not register on the website under the name and/or other personal data of other persons. The Company hereby excludes the liability for any claim originating from such false registrations, and you shall be exclusively liable for all damage caused by such registration to third persons;

(d)  the Company is not in a position to and, thus, will not, examine the truthfulness and accuracy of the data communicated during the registration and in relation to the usage of the website; and,

(e)  s/he shall be obliged to abstain from attempting to enter the website, its server and networks, or other computerised system or network connected to the website without proper authorisation.

The customer shall always respect all provisions of these General Terms and Conditions and shall abstain from violating them in any way, the breach of which may result in exclusion from the website. With the registration, the customer accepts that s/he shall be obliged to indemnify and exonerate the Company, as well as its related enterprises, and its officers, managers, employees and agents from all such claims, damage, obligations, losses, liabilities, expenses or debts, and costs (including, but not limited to the legal costs as well) that originate from (i) breaching any provision of these General Terms and Conditions; and/or (ii) violating any right of third persons. The indemnification/compensation obligations specified herein shall survive the termination of these General Terms and Conditions as well as after finishing the usage of the website.

Purchase Price

The price indicated beside the products is the gross proposal unit price of the product and will become final price only if you perform the steps of the order process and confirm the order. The final price of the product and the delivery service is the price indicated next to the name of the product upon the confirmation, as well as in the reply e-mail sent about the order. The final price may be modified only with the mutual agreement of the parties. In case any order or orders are modified, contracted for any reason, the delivery and payment terms valid at the time of the modification shall prevail for the modified order.

 

Order, Performance Terms

With the order in the www.brodyartyard.com internet store, each customer confirms their full understanding and acceptance of these General Terms and Conditions as applicable to the process of ordering. Each valid orders is automatically confirmed in e-mail by our system.

The Company shall send the purchased products within ___ working days dependant on the stock except if different delivery deadline is indicated at the given product. Our stock constantly changes, therefore, it may occur that the product on the website is not already on stock, or we can perform it only partially. In such a case, we will of course notify you in e-mail and negotiate your modified order.


Payment Terms

The settlement of the purchase price of the orders posted in our Internet store may take place by means of bank card payment. Anna – pls add description of payment, security level applicable through Magnet/our new online card payment platform.

Delivery Terms

We will send the products selected and ordered by you in the store by means (postal delivery or courier service). The delivery deadline is __ working days after the date on which the customer submitted the order provided receipt was confirmed.

Claudia – pls summarise courier delivery details

In case neither you, nor any of your family members are at home, please, give such an address where you can take the package over (e.g. your workplace). You may write other information in connection with the delivery address as well into the remarks (e.g. working hours different from delivery period), and please, make sure you give your mobile number for the messenger. In case of unsuccessful delivery, it can occur that you receive not on the following day, but at the time agreed in advance with the messenger.

Delivery Costs for Hungary

Claudia – pls summarise courier delivery details

In case we are unable to deliver certain ordered item, the delivery cost will remain adjusted to the value of the order made.

 

Damaged Package

Please, examine the package in front of the messenger. If you see damage on it that implies damaging to the goods inside, have a report taken up and do not take the package over. If there is a small dent or scratch on the box itself, it clearly does not imply the injury of the product inside. In lack of the report, we cannot change the consignment free of charge. If you see damage, please, contact our customer service immediately by email (info@brodyartyard.com) or phone (insert) during regular working hours.

 

Withdrawing a Purchase Order

Pursuant to Government Decree 45/2014. (II. 26.) governing parcel internet enterprises, you are entitled to withdraw from the purchase without justification within 14 days after the handover of the goods – known as a ‘cooling off’ period. In such case, please indicate your intention to cancel your order prior to returning the consignment by email (info@brodyartyard.com) or phone (insert) during regular working hours. In such a case, we will resend the amount paid by you within 30 days at most reckoned from the withdrawal and/or the return of the goods.

The right of withdrawal may be availed under the following conditions:

  • The right of withdrawal relates to all products arriving to the Company in unopened or in opened but faultless manufacturer’s packaging. The right of withdrawal does not relate to products that are of such condition that make the sale as new product impossible. Of course, in case the product becomes defective with defect under the effect of guarantee during the 14 days, we automatically undertake the buy-back for these products within 14 days.
  • Your request for withdrawal needs to be announced in e-mail or personally, on the telephone.
  • We will immediately repay the price of the goods upon the personal return of the product. In case of returning the products by post or courier, we will transfer the amount back within 5 working days at most after the arrival of the goods onto the bank account given by the purchaser.
  • The reimbursement does not relate to the delivery costs, as well as to the costs of returning the products, which shall be borne by the customer.
  • In case it is revealed of the product that it is provenly damaged after opening but in the presence of the messenger and the damage occurred prior to the handover of the goods, we ensure 14-day exchange possibility for the product. In such a case, you can prove the damage with a report taken up by the messenger.
  • The right of withdrawal does not relate to products damaged after the takeover.

The cost of returning the goods shall burden you in each case, we cannot take over consignment posted without prepayment. We suggest that, in case of postal return, you should send the products as registered consignment as we do not undertake liability for consignments lost on the post. The goods may be returned with the original guarantee deeds and invoice. In case the goods are damage or in worn status, the Company may request the reimbursement of its damage originating from the improper usage of the goods.

Warranty, guarantee

The www.brodyartyard.com undertakes different guarantee periods dependant on product types in accordance with the effective legal provisions. Different guarantee period or warranty is indicated beside the product. In the www.brodyartyard.com webshop, exclusively new products with warranty are sold. The Company does its utmost to inform the customers in the most precise way with regards to the product descriptions (including sizes and material quality as well), colours and prices. However, differences may occur partly because of various users’ screen setups, partly because of occurrent mistyping. Therefore, the Company does not undertake liability for the colours visible on the screen, and upholds the right to correct the mistakes (including the prices as well) without preliminary warning. Our internet store exchanges the purchased products only if they are provenly defective.

Liability Undertaking

 

The utilization of the products purchased based on the information on our Internet store is the liability of the purchaser. We do not undertake liability for any loss or damage originating from improper usage.

Customer Service, Complaint Handling

In case you have not found the matter you are interested in, or you have any other question, remark, please, contact us on the following availabilities:

Correspondence address: ___

Telephone number: ___

E-mail: info@brodyartyard.com

Would you not succeed to post your order via the website, please, send the following data to our customer service:

  • Product codes, quantity, size and colour versions, if applicable
  • Delivery name, address
  • Invoicing name, address
  • Mobile telephone number on which you are available in case you are not present at the given delivery address
  • E-mail address to which we can send the confirmation of the order.

Afterwards, we record your order in our system and send a confirmation e-mail of this.

For the administration of your complaints, it is necessary that you give all data indicated in the specific order so that we can identify the performance affected with the complaint.

We will immediately examine the complaints arriving on the telephone and inform the complainant of our standpoint, and remedy the complaint as possible. If the purchaser does not agree with the response to his oral complaint, he shall send his complaint to us in writing. In such a case, we shall act according to the following provisions related to written complaints.

We shall examine and reply to any written complaints within 5 working days of receipt and furnish clear reasons where applicable. In the event of you not being satisfied with our response or disagreeing with the reasons thus provided, you may submit your complaint to the relevant supervisory body/ies:

  • in connection with orders (including but not limited to the possibility to correct data input, confirmation) the competent consumer protection authority;
  • in case of omission of mandatory information provision based on legal regulations, omission of mandatory publication of data, the competent consumer protection authority, or the competition authority in case the omission is suitable for influencing the economic competition on the merits (you can find more information on the www.gvh.hu website);
  • in case of violating rules in connection with electronic advertisement, the media and infocommunications authority (you can find more information on the www.nmhh.hu website);
  • the product quality, the enforcement of guarantee rights, the information of the customers and the complaint handling is controlled by the competent consumer protection authority.

We will preserve correspondence related to complaints for 3 years.

 

Webshop Content

The contents in the webshop are to be handled exclusively as being of informative nature. The contents have been uploaded in good faith; the Company does not undertake warranty for the contents, their entirety and accuracy. The Company and its employees do not undertake liability for any direct or indirect damage, loss of profit loss howsoever arising, directly or indirectly, on account of the contents of www.brodyartyard.com. The webshop may contain hyperlinks that direct you to other websites that, being owned and controlled by third parties, are wholly independent of the Company and, as such, the Company assumes no responsibility whatsoever for the contents of the cited websites, for the products, services available via them.

 

Bank Card Payment

Anna – please add Magnet bank’s general security policy and warning not to give out data

 

Modification of General Terms and Conditions

 

The Company reserves the right to modify these General Terms and Conditions unilaterally at anytime and such modified version shall be uploaded onto www.brodyartyard.com.

 

January, 2015