General terms and conditions
The business activity of Decoration & Design Ltd. (hereinafter: Service Provider) is the sale of the products and services it distributes to retailers, wholesalers and resellers.
These General Terms and Conditions (hereinafter: GTC) contain the rights and obligations of the Service Provider and the customer Partner (hereinafter: Partner) using the electronic commerce services provided by it through the website www.decorand.com.
(Service Provider and Partner hereinafter collectively referred to as: Parties).
The GTC applies to all legal transactions and services that take place through the website www.decorand.com, regardless of whether they are performed from Hungary or abroad, by the Service Provider or its collaborators.
Details of Service Provider
• Decoration&Design Kft.
• Registered office: 2310 Szigetszentmiklós, Kántor u. 5.
• Telephone number: +36 24 526 888
• Fax: +36 24 526 880
• E-mail : info@decorand.com
• Company registration number: 13-09-173579
• Name of the court of registration: Budapest District Court Commercial Court
• Tax number: 13424598-2-13
1. General information, formation of a contract between the parties
1.1. The scope of these GTC covers all electronic commercial services provided in the territory of Hungary through the electronic store (hereinafter referred to as the Web Store) located on the website www.decorand.com (hereinafter referred to as the Website). Furthermore, the scope of these GTC covers all commercial transactions in the territory of Hungary that are concluded between the Parties specified in this contract.
1.2. The Service Provider's customers may only be registered users who are not consumers as defined in Section 2.§ v) of Act CVIII of 2001 on electronic commerce services and certain issues of information society services (the "Ektv"). A service provider's Partner may not be an economic organization that is not a consumer as defined in Section 2.§ v) of the Ektv, and that acts for purposes outside its independent occupation and economic activity. By registering, the Partner declares that it opens the portal pages exclusively for the purpose of concluding contracts within the scope of its economic or professional activity, therefore it does not qualify as a consumer as defined in Section 2.§ v) of Act CVIII of 2001 on electronic commerce services and certain issues of information society services.
1.3. Purchases in the Web Store are possible by placing an order electronically, as specified in these GTC.
1.4. The contract between the Parties is concluded after filling in all mandatory fields of the order form and checking the entered data, and by clicking on the “Send Order” button to confirm. The contract concluded between the Parties in this way in Hungarian is considered a written contract, the Service Provider files it and keeps it for the period prescribed by the applicable legal regulations. Any commercial transaction concluded between the Parties (e.g. placing orders) that the Partner does not conduct through the Service Provider’s Web Store (in writing, in person or by telephone) is also considered a contract.
1.5. After placing an order in the Online Store, it can be modified or canceled freely and without consequences until it is fulfilled. This is possible by phone and e-mail.
1.6. The language of the contract is Hungarian.
1.7. Customer Service: Decoration & Design Ltd.
Customer Service Office Location: 2310 Szigetszentmiklós, Kántor u. 5.
Customer Service Opening Hours: During the current opening hours, which can be viewed on the Website, under the Contact menu item.
Fax: +36 24 526 888
Fax: +36 24 526 880
Internet Address: www.decorand.com
E-mail Address: info@decorand.com
2. Registration
2.1. Registration can be done under the Registration menu item located in the upper right corner of the Website, based on the description there, and by filling out the data form. By registering on the Website, the Partner declares that he has read and accepts the terms of these GTC.
2.2. The Service Provider shall not be liable for any damages (delay in delivery, wrong order or other problems) attributable to data provided incorrectly, incompletely and/or inaccurately by the Partner or to any data recording or modification error or deficiency made on the web interface of the Online Store. The Service Provider shall not be liable for damages resulting from the Partner forgetting their password or if it becomes accessible to unauthorized persons for any reason not attributable to the Service Provider.
2.3. The Parties are mutually obliged to notify each other of any changes in data that affect the contract concluded between them or its execution (change of bank account number, change of address or contact details, change of contact persons, etc.). The Partner shall immediately notify the Service Provider in writing if the personal data or rights provided by him/her change, and shall also acknowledge that all liability and financial consequences arising from failure to notify shall be borne by the Partner.
3. Order
3.1. The essential properties, characteristics of the purchased goods, and instructions for the use of the goods can be found in detail on the information page of the Web Store for the specific item. If the Partner needs more information regarding the quality, basic properties, use, and usability of any goods in the Web Store, the Service Provider is happy to assist.
3.2. The purchase price is always the net price indicated next to the selected product, which does not include VAT. Partners with a purchase discount are also entitled to use the discount when purchasing via the internet. The Service Provider is entitled to unilaterally modify its discount system, of which it shall always notify its Partners in writing in advance.
3.3. The purchase price indicated next to the products does not include the cost of delivery. The price of the products is indicated in Hungarian forints (Ft).
3.4. The Service Provider reserves the right to change the prices of products that can be ordered from the Website, provided that the modification enters into force simultaneously with its appearance on the Website. The modification does not affect the purchase price of products that have already been ordered. If, despite all the care of the Service Provider, an incorrect price is placed on the Web Store, especially with regard to an obviously incorrect price, e.g. a price of "0" HUF or "1" HUF that is significantly different from the well-known, generally accepted or estimated price of the product, or that appears due to a system error, then the Service Provider is not obliged to deliver the product at the incorrect price, but may offer delivery at the correct price, in the knowledge of which the Partner may withdraw from his intention to purchase.
3.5. The Service Provider accepts orders only from registered Partners in the Service Provider’s Web Store and only if the Partner completely fills in all fields required for the order. The Service Provider is not liable for any delivery delays or other problems or errors attributable to the order data provided incorrectly and/or inaccurately by the Partner. Orders can be placed in the Web Store by logging in after registration and then using the Cart. The Partner can add the selected products to their Cart by using the “Add to Cart” button next to the product or on the detailed product data sheet.
The contents of the Cart can be viewed and modified by clicking on the cart icon in the upper right corner of the Website, where the desired quantity of each product can be modified, or the contents of the Cart can be deleted (“Remove Item”). If the Partner has finalized the contents of the Cart, by clicking on the “Next step” inscription, on the interface that appears, they can specify the desired payment method, specify the delivery method, and communicate with the Service Provider by filling in the comment field(s). If all necessary data has been provided, they can check the order details on a summary page by clicking on the “Next step” inscription again. The order is placed and the offer is sent after clicking on the “Send order” inscription. The order is therefore placed by clicking on the “Send order” button, which entails a payment obligation for the Partner.
3.6. After receiving the Partner's purchase offer (order), the Service Provider is obliged to confirm the purchase to the Partner electronically (by e-mail). If this confirmation is not received by the Partner within 48 hours of sending the offer, the Service Provider's offer obligation and the Partner's purchase obligation will automatically terminate without any further conditions.
3.7. The Partner has the opportunity to correct data entry errors on the ordering interface at any stage of the order and until the order is sent to the Service Provider in the Online Store (e.g. deleting a product from the cart by clicking on the "Delete" button, or by clicking on the "Back" button during the ordering process).
4. Delivery, invoicing and payment terms
4.1. The Service Provider shall deliver the ordered goods requested for home delivery to the delivery address specified by the Partner during the ordering process using its own means of transport or a shipping company. Our Partners can find information about current delivery charges and the shipping company on our website, under the Delivery and Payment Methods menu item. If the Partner places multiple orders on the same day, these will be considered separately in terms of home delivery charges. If the Partner indicates this when placing the second order and the Service Provider confirms that this is possible, the Service Provider may combine the orders, but it is not possible to combine packages that have already been dispatched. The Service Provider reserves the right to change the delivery fee, with the change taking effect at the same time as it appears on the Website. The change does not affect the delivery fee for orders that have already been placed.
4.2. The ordered product can be collected in person - based on the Partner's prior notification - at the Service Provider's premises (2310 Szigetszentmiklós, Kántor út 5.).
4.3. In the case of new Partners, the Service Provider initially applies cash payment at the time of delivery, and later, at the Partner's request and based on the Service Provider's individual decision, it is possible to make a transfer up to the amount of the established credit limit. If a Partner has an overdue, unpaid invoice, the Service Provider will only accept cash payments until it is settled. In the event that bankruptcy or liquidation proceedings are initiated against the Partner, the Service Provider is entitled to perform further deliveries only against cash payment. In the event of late payment, the Partner accepts and acknowledges with his purchases that the Service Provider will charge late payment interest, the rate of which is twice the central bank base rate valid on the first day of the calendar half-year affected by the delay. The Service Provider provides the Partner with the opportunity to negotiate with its financial department (representative: Attila Albu, contact details: albu.attila@decorand.com, +3630 6783936).
4.4. The Service Provider reserves the right to ownership of the goods until the Partner pays the consideration for the goods to the Service Provider in full. Accordingly, during the period of retention of ownership, the Partner is not entitled to exercise any right of disposal over the received goods(s), including the right not to alienate or encumber them.
4.5. In the case of a product order, the Partner is obliged to check the package item by item at the time of delivery and sign the receipt in case of complete delivery. After that, the Service Provider is not able to accept complaints regarding quantity and packaging deficiencies. If the Partner experiences any damage or discrepancy, he/she is obliged to record it in a report on site in the presence of the carrier and notify the Service Provider within 48 hours.
4.6. The Service Provider may provide the Partners with the option of returning goods solely on the basis of its individual decision in the event that, for any reason, the goods purchased from the Service Provider cannot be sold. The repurchase option applies in all cases only to goods that can be resold. The Partner is not entitled to claim compensation against the Service Provider in connection with the refusal of the repurchase.
4.7. The Service Provider hereby informs its Partners that the Service Provider provides invoices and goods receipt under transfer conditions only to persons who are authorized and identified to receive bank transfer invoices. The declaration of the authorized person is subject to a prior written declaration, which may be made by the Partner's authorized person. The declaration must state the name of the authorized person and the ID number. The Service Provider may request the ID to be presented during the transfer of the invoice in order to verify the identity of the authorized person. The Service Provider declares that the personal data provided in this way will be processed in accordance with the relevant, effective data protection laws exclusively for the above purpose. All data recording and/or modifications shall enter into force after the written confirmation of the Service Provider. The Service Provider declares that all damages resulting from the failure to comply with this regulation shall be borne by the Service Provider, and the Service Provider rejects any claims for damages arising from incomplete or negligent information.
5. Warranty
5.1. In the event of defective performance by the Service Provider, the Partner may assert a warranty claim against the Service Provider. In the case of a non-consumer contract, the Partner may assert warranty claims within a limitation period of 1 year from the date of receipt, for product defects that already existed at the time of delivery of the product. The Partner may no longer assert its warranty rights beyond a limitation period of one year.
5.2. The Partner may – at its option – request a repair or replacement, unless the fulfillment of the request is impossible or would entail disproportionate additional costs for the Service Provider compared to the fulfillment of its other requests. If the Partner did not or could not request the repair or replacement, it may request a proportional reduction in the consideration or the Partner may repair the defect at the Service Provider's expense or have it repaired by someone else or – in the last resort – may withdraw from the contract. There is no right to withdraw due to an insignificant defect.
5.3. The Partner may switch from the chosen warranty right to another, but shall bear the cost of the switch, unless it was justified or the Service Provider gave a reason for it.
5.4. The Partner is obliged to notify the Service Provider of the error immediately after its discovery, but no later than within two months of the discovery of the error.
5.5. The Partner may assert its warranty claim directly against the Service Provider.
5.6. Within six months of the performance of the contract, there is no other condition for asserting a warranty claim other than the notification of the defect, if the Partner proves that the product was purchased from the Service Provider (by presenting an invoice or a copy of the invoice). In such a case, the Service Provider is only exempt from the warranty if it rebuts this presumption, i.e. proves that the defect in the product occurred after the transfer to the Partner. If the Service Provider can prove that the cause of the defect occurred for a reason attributable to the Partner, it is not obliged to grant the warranty claim. However, after six months from the performance, the Partner is obliged to prove that the defect it has recognized already existed at the time of performance.
6. Other provisions
6.1. The Web Store is an information system based on Microsoft Windows server 2012, its security level is adequate, its use does not pose a risk, however, we recommend that you take the following precautions: use virus and spyware protection software with a fresh database, install security updates for the operating system. Shopping on the Website assumes that the Partner is aware of the technical and technical limitations of the Internet and accepts the possibility of errors associated with technology.
6.2. The Service Provider is not liable for any damage resulting from connecting to the Website. The Partner is responsible for protecting his/her computer and the data contained therein.
6.3. The pages of the service may contain links that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers.
6.4. The Service Provider stores the data provided by the Partners for a specific purpose, exclusively for the purpose of fulfilling the contract and for later proof of the terms of the contract. By placing the order and accepting these GTC, the non-natural person Partner gives his/her express consent to send newsletters and other advertising requests to the Service Provider. The Service Provider does not disclose the Partners' data to third parties, unless the third party acts as a subcontractor/intermediary of the Service Provider when fulfilling the contract. When handling the Partners' data, the Service Provider acts in accordance with the provisions of Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information, which are in force at all times.
6.5. In order to facilitate the use of the Web Store, anonymous visitor identifiers, so-called "cookies", are used. "Cookies" are small pieces of data that are temporarily stored on the hard drive of the user's computer through the browser program when visiting the Website. Their function is to make browsing more convenient. The "cookies" used by the Web Store are not suitable for learning the user's personal data, identifying the user, and do not cause any disadvantage or damage to the use of the computer. By changing the settings of the browser program, the user can eliminate the appearance of "cookies" on the hard drive of the user's computer. The user can remove the stored "cookies" from his computer at any time.
6.6. The Service Provider is entitled to modify the terms of these GTC unilaterally at any time, without any obligation to notify. Any modification shall enter into force simultaneously with its publication on the Website. Orders already placed shall be governed by the GTC at the time of placement.
6.7. Saving or printing the content of the Website and its parts on a physical or other data carrier is permitted for private use or with the prior written consent of the Service Provider. Use beyond private use – for example, storage in a database, distribution, publication or download, commercial distribution – is only possible with the prior written consent of the Service Provider.
6.8. The contracting parties shall make every effort to resolve any disputes through negotiations. If this fails, they shall refer any disputes arising between them to the competent courts of Hungary, taking into account the rules of jurisdiction. The parties agree that Hungarian law shall be the applicable law.
6.9. These general terms and conditions of delivery have been prepared in Hungarian. In the event of any translation into a foreign language, the Hungarian version shall prevail. In matters not regulated above, the provisions of the Civil Code and the Hungarian legislation in force at all times shall prevail.
Budapest, September 1, 2016.