Terms of Services Buttonfootballs.com Kft.

General terms and conditions

  1. Introduction

This General Terms and Conditions (hereinafter: GTC) includes the conditions of use of services available on buttonfootballs.com (hereinafter: website) by User (hereinafter: User). The technical information necessary to use the website and not included in this GTC, is provided by other information available on the website. User –by using the website – acknowledges and accepts conditions herein GTC.

  1. Service Provider Data:
  • complete or abbreviated company name: com Kft.
  • registered office, place of business, postal address: 2085 Pilisvörösvár, Kapor utca 4., Hungary
  • e-mail address: buttonfootballs@buttonfootballs.com
  • telephone number or electronic registration form, fax number if available;
  • the name of court or authority which registered the Service Provider and the registration, number of Service Provider (name of court of registration of registering metropolitan court and company registry number): Budapest Környéki Törvényszék Cégbírósága, Cg.13-09-179317/4
  • the name of authority permitting the activity and the number of permission (provided the activity is subject to authorization): NAIH
  • data relevant to the practice of regulated trades required by law
  • tax number: 25480863-2-13
  • availability of code of conduct if Service Provider joined such;
  1. Website activity:

Sale of button football board game via webshop

  1. Terms of use:
    • Responibility:

Users may use the website at their own risk and accept that Service Provider does not take any responsibility for material and non- material damage incurring beyond the responsibility for the violation of the agreement caused intentionally, damaging life or health, causing personal injury or gross negligence or crime. Service Provider excludes all resposibility for the conduct by Users of the website and Users are fully and solely responsible for their own conduct.

Users are obliged not to violate laws or the rights of third parties directly or indirectly while using the website.

Service Provider may be entitled but not obliged to check the content (e.g. comments) available to Users while using the website and with respect to the content posted, Service Provider may be entitled but also not obliged to search for signs related to illegal activities and does not take responsibility for these.

  • Copyright:

The complete website (texts, pictures, graphic elements, etc.) is under copyright protection and it is prohibited to copy, modify and promote it for commercial use. 

 

 

  1. Purchases on the website
    • Orders:

The website provides the opportunity for promotion of articles and that of online purchase for Users. Users may browse with the help of menu points. If all articles may not fit on one page in a given category then Users may turn pages with the help of numbers above and under the articles. From the list of articles the detailed article description may be reached by clicking on the name of the article and here you can find out about their detailed charateristics and price. 

The selected product may be put into the basket with the help of the ’basket’ button and next to the button the number of items may be set as well. Users may be able to check the content of basket with help of the ’Basket’ menu point. They can also modify the number of items to be ordered here or delete an item. Users may continue the process of order by clicking on the ’Order’ button. The following step is signing in or registering if Users have not done it yet.

To be able to purchase items, Users need to register on the website. During registration, Users are required to provide the following data: email address, name, telephone number, billing address, and a delivery address if different from the billing address. Besides the data above, a password is also necessary. Users receive information about a successful registration in email or on the website. Users may request the deletion of registration from Service Provider via email. In this case, in order to be able to purchase again, they will have to re-register. Users are responsible for keeping access data secret. Users are also responsible for updating their own data and are required – if becoming aware - to report misuse of data by a third party to Service Provider. A forgotten password may be re-requested to the registered email address. Provided User is already registered on the website, the process of order may be continued by providing their email address and password.

Users may be able to check their order and modify given data on the ’Summary’ page. In order to be able to proceed, Users have to accept General Terms and Conditions.

The final step of the order is the selecting the mode of shipment and payment. Users receive a confirmation about the order on the website and via email. Should they detect faulty data after the placement of the order (e.g.in the confirmation email), they are required to report it immediately or within maximum 24 hours to Service Provider. 

 

  • Offer validity, confirmation:

Service Provider informs User about the confirmation within 48 hours. If User does not receive confirmation within 48 hours then User shall be exempt from their offer validity and shall not be not obliged to accept the ordered item.

The confirmation email includes the data provided during purchase, the date of order, the name of the ordered item (s) the selected modes of shipment and payment, the number of the order and beyond the above, any given remarks related to the order by User.  

 

  • Conclusion of contract:

The contract may be concluded in Hungarian. The placement of the order qualifies as a contract conluded electronically which shall be governed by ACT CVIII of 2001 on certain issues of electronic commerce activities and information society services. Contract is under the terms of Government Decree NO. 45/ 2014 (II. 26.)  on the detailed rules of contracts concluded between Users and business operations and to the fore of European Parliament and Council provisions of regulations 2011/83/EU about the rights of Users. 

Contract is concluded by the reception of automatic confirmation. 

 

 

 

Or

Service Provider sends – alongside the automatic confirmation email – another email (separate email of acceptance)  to User within 48 hours with which  Service Provider accepts the order by User. Thus contract is concluded by reception of the separate email of acceptance of order by Service Provider and not by the reception of the automatic confirmation email of order within 48 hours.

 

  • Filing of contract:

Contracts concluded via the website do not qualify as written contracts, Service Provider may not file them and they are not accessible in arrears.

  • Modes of payment:
    • PayPal

 

  • Shipment 
    • DHL: Your parcel will be delivered by DHL delivery service within 14 working days.   
  1. Right of withdrawal

User or any designated third party different from shipper has the right to withdraw from agreement without assigning any reason within 14 days from day of receipt of item, in case of receiving multiple items, from day of receipt of the last one.

User may execise their right to withdraw in the period between the day of agreement and receipt of item as well.

Should User seek to exercise their right to withdraw, they are required to submit (e.g via post, fax or electronic mail) their clear statement indicating  their withdrawal from contract to contacts indicated in Point 2. of present GTC,  to Service Provider.

To this end, User may use the sample of withdrawal statement enclosed to the confirmation email. User exercises their right to withdrawal within deadline if they send the statement of withdrawal to Service Provider before the expiry of deadline indicated above.

The onus of proof lies with User that they exercised their right of withdrawal according to the provisions stated in Point 5.

In both cases Service Provider will forthwith confirm the reception of statement of withdrawal by User via email.

In case of withdrawal in writing, it must be considered validated within deadline if User sends their statement of withdrawal to this effect to Service Provider within 14 days (even on the 14th day).

When computing deadline, in case of notification via fax or email, Service Provider may consider the time of forwarding of fax or email, in case of notification via post, the posting date. User should post their letter registered to be able to dependably prove the posting date.

In case of withdrawal, User is required to fortwith send the purchased product to the address (indicated in Point 1) of Service Provider without undue delay but within 14 days from sending their statement of withdrawal at the latest. Deadline is regarded as complied with if User sends the product (via post or hands it over to the delivery service they commissioned) before the deadline of 14 days. 

The expenses of sending the product back to Service Provider’s address shall be paid by User. Service Provider is not obliged to accept COD package. With the exception of sending back the product, no other expenses shall be paid by User in case of withdrawal.   

Should User withdraw from agreement, forthwith or within 14 days from day of receipt of statement of withdrawal at the latest, Service Provider refunds all compensation funded by User including shipping (delivery) costs except additional costs that result from User choosing another mode of shipping than the cheapest usual mode of shipping offered by Service Provider. Service Provider may be entitled to withhold all refunds until receipt of product or User proves sending the product back beyond reasonable doubt, Service Provider considers the earlier out of the two.

During the process of refund Service Provider applies the same mode of payment as during the original transaction, a different mode of payment is to be applied only with the express agreement of User. By the application of this mode of refund no additional costs shall be paid by User.

User shall only be liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.

  1. Warranty
    • Implied warranty

In the event of defective performance of Service Provider, User shall be entitled to enforce warranty claims according to the provisions of Act V of 2013 on the Civil Code.

In case of consumer contracts, User as consumer  may enforce his/her warranty claims within a period of limitation of 2 years from the date of delivery with respect to defects that had already existed at the time of delivery of the product. User shall not be entitled to enforce his/her warranty rights after the 2-year period of limitation.

In case of contracts concluded with parties other than User, User may enforce his/her warranty claims within a period of limitation of 1 year from the date of delivery.

In case of used products, this period of limitation is …. year / months, but one year at the latest.

User - according to his choice - is entitled with the following warranty claims: User may require replacement unless it is impossible to meet the demands of User, or Service Provider would have a disproportionate additional cost compared with other requirements to fulfill. If the repair or replacement is not requested, or could not be demanded then User may require the proportionate delivery of consideration or User may fix the error at the service provider's expense, or get it fixed by a third party or – as a last resort - may withdraw from the contract.

User may convert form the chosen right of warranty to another, however, the cost of the conversion is borne by User, except if it is justified, or if Service Provider has given a cause for it.User is obliged to communicate the problem immediately after its discovery, but not later than within two (2) months after the discovery of the failure

User may assert a warranty claim against Service Provider directly.

For defects detected within six months of delivery/receipt, it shall be presumed that the defect had already existed at the time of delivery, unless this is incompatible with the nature of the goods or the nature of the defect. Service Provider may be discharged of its warranty obligation if it rebuts the presumption, i.e. it provides evidence that the defect of the product occurred following its delivery to User. Therefore, Service Provider shall not be obliged to accept User’s complaint if it provides sufficient evidence that the defect was caused by improper use of the product. However, the burden of proof is reversed six months after delivery, i.e. in case of dispute, User shall provide evidence that the defect had already existed at the time of delivery.

 

  • Product warranty

In case of defect of movable properties (products), User shall be entitled to product warranty. In this case, User as consumer may, at his/her discretion, enforce warranty or product warranty claims according to Point 7.1.

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

A product is defective if it is not in compliance with the quality requirements valid at the time of marketing or its characteristics do not comply with the manufacturer’s specifications.

User can enforce its product warranty claim within two (2) years from the delivery of the product by the manufacturer. After this deadline, User loses this right.

User can exercise its product warranty claim only against the manufacturer or dealer of the products.

In case of enforcement of product warranty claim User will be required to prove the inadequacy of the product.

The manufacturer (supplier) shall be exempt from product warranty liability only if they can prove that:

- The product is manufactured or placed on the market by non-business activities

- The failure could not be recognized due to the level of science and technology at the time of marketing or the defect of the product results from the legislation or the application of mandatory regulatory requirements

- The manufacturer (supplier) shall prove one reason for exemption.

For the same error a warranty and product warranty claims cannot be enforced at the same time. However in case of successful warranty claim enforcement, the product warranty claim for the replaced or repaired parts of the product is assertable against the manufacturer.

 

  • Warranty

There are guarantee commitments on durable User's goods listed in the Act 151/2003. (IX. 22.) Goverment Decree on guarantee commitments on durable User's goods. This mandatory warranty covers only the new and durable User products sold in the framework of User agreement in the territory of Hungary and listed in the Annex of Decree.

With regard to the durable User goods listed in the Annex of Decree the mandatory warranty is one year from the day of delivery to User or if installation is executed by Service provider or its mandatory, the day of installation.

The manufacturer (supplier) shall be exempt from product warranty liability only if it can prove that the defect of the product occurred following its delivery to the User.

For the same error a warranty of supplies and a product warranty demand and a warranty and product warranty claims cannot be validated in parallel at the same time. Otherwise, the User shall be entitled to product warranty rights irrespective of rights indicated in Point 7.1 and 7.2.

  • Enforcement of warranty and product warranty claims:

See Point 2.

  1. Enforcement
    • Handling of complaint:

 

User may enforce his/her User complaints related to the product or the activity of the Service Provider using the contact details specified in Section 2 of the present GTC.

As far as possible, Service Provider shall immediately remedy complaints made in person. If a complaint made in person cannot be remedied immediately because of the nature of the complaint or when User is not satisfied with the handling of the complaint, Service Provider shall draw up a report – which is stored togeteher with the substansive reply for 5 years - on the complaint.  

Service Provider shall provide User with one copy of the report on the spot in case of complaints made in person or if it is not possible, Service Provider shall act in accordance with the rules (see below) governing written complaints.

In case of complaints made by phone or other electronic communication means, Service Provider shall send User a duplicate copy of the report at the same time as a substantive reply at the latest.

In all other cases, Service Provider shall act in accordance with the rules governing written complaints. Complaints received by phone or other electronic communication means shall be documented with unique identifiers by Service Provider, which facilitates future retrieval of the complaints.

Service Provider shall provide substantive reply to complaints made in writing within 30 days. For the purposes of this contract, taking action shall mean posting.

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

 

  • Other enforcement:

In case of a consumer dispute between Provider and User that cannot be resolved by negotiations with Provider, the following opportunities of exercising their rights may be availalble to User:

  • Complaint at the Authority for User Protections
  • Initiation of a proceeding of an Arbitration Board (the contacts of the competent Arbitration Board according to the registered office of Provider must be represented)
  • Initiation of court proceedings
  1. Exercise of rights
    • Modification of GTC, prices:

Service Provider shall reserve the right to any time modify present GTC, the prices of produts on the website and other represented prices not nunc pro tunc, the modification shall promulgate after being issued on the website and may only be valid for transactions after promulgation. 

  • Technical limitations:

Shopping on the Website requires User to be aware of and accept the possibilities and limitations of the Internet, especially technical performance and errors. Service Provider shall not be liable for operating failures of the Internet network that prevent the operation of Website and shopping.

 

  • Cookies:

A cookie is a small piece of data sent from a website and stored in User's web browser while User is browsing that website. Cookies have multiple functions. Among others they collect information, remember Users' custom preferences, may be used when online baskets are used and in general, they make the use of a website more convenient for User.

Most web browsers automatically allow User to change the settings of cookies. Most web browsers automatically accept cookies, but in general, this may be changed to prevent them from automatic acceptance and to offer User the choice to deny or accept the cookies feature each time.

Please note that as the purpose us cookies is to enable User to use our website and its processes or make it more convenient and by disabling and deleting cookies, User may not be able to access areas or features of our website fully or the website may not work as planned in your browser.

  • Data management regulations:

We would like to inform you that we store your data in order to complete the contract and in case we have to prove conditions of the contract in the future.

Data provided to buttonfootballs.com webshop will be treated confidentially and will not be given to any third parties except when completing an agreement the third party acts as a subcontractor of our company (e.g. delivery service to deliver orders)

In that case, subcontractors are not authorized to store, use or forward data provided by our company to any further parties in any way. During the handling of your data we comply according to the Hungarian Protection of Personal Data and Publicity of Public Interest Data Act.

During the browsing of our webpage information are recorded for statistical purposes (IP address, visit duration etc.). Buttonfootballs.com will hand over these data to the authorities only if the request is legally confirmed. The data provided while browsing the website for newsletter subscription is handled confidentially. Unsubscription is available at editing your personal data and may also be requested at customer service in person or in written form via post. Your data may be stored until a deletion is requested. In case of a question which is not defined by this General Terms and Conditions the Hungarian Civil Code and the Distance contract 17/1999 (II.5.) Hungarian Government Regulations, Electronic Commercial Services and the information society services for certain aspects of 2001th CVIII. law provisions shall prevail.

  • 1999(II.5.) law
  • évi CVIII.law.

Browsing buttonfootballs.com and placing an order you accept this terms and conditions and data management principles.

http://europa.eu/youreurope/citizens/consumers/internet-services/index_hu.htm