TERMS AND CONDITIONS
These General Terms and Conditions of Sale unreservedly govern Product sales by manufaktor.hu from the internet address http://www.maufaktor.hu and its derivative addresses (hereafter the “Site”). The Site offers for sale, to individuals browsing the Site, creations and products of the Manufaktor brand (hereinafter referred to as the “Products”). For the application of this agreement, it is agreed that the Consumer and manufaktor.hu will jointly be referred to as the “Parties” and individually as the “Party.” It is specified that the Products are meant exclusively for the Consumer’s personal use. By placing an order for a Product on the Site, the Consumer acknowledges that s/he has read these General Terms and Conditions of Sale and accepted them unreservedly. No signature will be required from the Consumer for this acknowledgement to be valid. Any special condition that is stated, e.g., in documents issued by the Consumer (including the order), will not take precedence over these General Terms and Conditions of Sale, without prior explicit consent from manufaktor.hu. The Consumer must also unreservedly agree to these conditions of use of the Site if s/he wishes to view it.
ARTICLE 1: PURPOSE
These General Terms and Conditions of Sale define the procedures by which manufaktor.hu will sell Products to the Consumer, and the rights and obligations of the Parties arising out of the on-line sale of the Products offered on the Site. They define all the stages required for placing the order and they monitor this order between the Parties.
ARTICLE 2: PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
manufaktor.hu presents on the Site the Products for sale and their detailed descriptions. manufaktor.hu will make every effort to ensure that the visual representation of Products on the website is faithful to the original in terms of color and design. However, since manufaktor.hu has no control over the technical limitations of individual consumer computer equipment, manufaktor.hu may not be held liable for inaccurate representation of the Products on the Website.
2.2.1. The Products offered for sale by manufaktor.hu are those that are shown on the Site, on the day on which the Consumer views it and within the limit of the stocks available.
2.2.2. If a Product is not available, manufaktor.hu will notify the Consumer as soon as possible by e-mail about this fact and the possible replacement products.
2.2.3. manufaktor.hu reserves the right at any time to amend or no longer market the Products offered on the Site; however, such amendments will have no effect on orders that manufaktor.hu has already accepted prior to implementing such amendments.
2.3.1. All prices are shown in Forints. The applicable prices are those that are shown on the Site at the time at which the Consumer places his/her order. The prices are subject to Hungarian VAT - in this case tax exemption is operative - and any change in the legal rate of that VAT will be applied to the price of the Products presented on the Site, on the date stipulated by the application decree governing it.
2.3.2. manufaktor.hu reserves the right to alter its prices at any time without prior notice. Such changes, however, will not affect orders that manufaktor.hu accepted prior to the implementation of these changes, subject to the availability of the Products ordered.
2.3.3. The prices shown in the manufaktor.hu do not include local customs costs in the country of delivery. Manufaktor have no control over these charges and cannot predict what they might be. Since customs policies vary widely from country to country, we invite our clients to contact their local customs office for further information. Solely the Consumer is responsible to pay for such customs costs upon delivery, Manufaktor refuses to hold liability for any customs-related costs.
ARTICLE 3: ORDERING
3.1. THE ORDERING PROCESS
By browsing the Site, the Consumer can find out about the various Products offered for sale on the day s/he views the Site. The Consumer is not committed in any way to make an order by browsing the Site. While browsing the Site, the Consumer who wishes to make an order may do so just by clicking on the “Add to cart” button that is located next to each Product viewed. The Consumer can check the content of the shopping cart by clicking on the "Click to show cart" button. One can return to shopping by the "Hide cart" button, or finish shopping by choosing the "Checkout" button. The Consumer can change his mind and vary the items to be ordered till the validation of it. The Consumer has the opportunity to withdraw the items chosen by clicking on the "Empty cart" button.
Once the selection of the Products has been completed, the Consumer will be able to order them by clicking on the “Agree”. With that, the consumer can pay using PayPal or using the "Direct Order" option. Then a new web page will open, inviting the Consumer to provide his/her address delivery details by accurately filling in the form provided. The Consumer undertakes, in particular, to provide an address to which the delivery can be made during working hours from Monday to Friday, and his/her name and e-mail address.
Once the form has been filled in completely, an order summary will display all the information relating to this order – the type, quantity and price of the Products, the total amount (including shipping costs) – by clicking on the “Proceed” part. The consumer will receive an information email with the pro forma invoice containing bank account data required for reconciliation of the order. The data recorded by manufaktor.hu are proof of all the transactions placed between manufaktor.hu and the Consumer.
3.2. ORDER CONFIRMATION
3.2.1 IN CASE OF PAYMENT VIA PAYPAL Once the Consumer has been redirected to Paypal website, s/he has paid the total amount of his or her order, s/he is required to click on ‘Complete my order’ that will indirectly take back the Consumer to the manufaktor.hu site. A printable and savable summary of the Consumer’s order will be displayed and will show the order’s references. A confirmation email is sent also from Paypal, as well as from Manufaktor, concerning the order with the following details: - the number of the order determined by manufaktor.hu when the order is placed by the Consumer; - the summary of the order (identification of the Product(s) ordered, the quantity, the price); - the total amount of the order, inclusive of all taxes; - the shipping charges; - confirmation of payment;
3.2.2. IN CASE OF BANK TRANSFER
Once the order has been confirmed, a printable and saveable summary of the Consumer’s order will be displayed and will show the order’s references. The Consumer is also notified that manufaktor.hu will soon send him/her an e-mail with the necessary bank information so that his/her order can be completed by paying via bank transfer. 3.2.3. manufaktor.hu retains ownership of the Product(s) ordered until full payment of the price and its ancillary costs, including the shipping costs.
3.2.4. In order to protect itself against credit card fraud, manufaktor.hu reserves the right to require additional information (proof of address, copies of bank statements, photocopies of identity and/or credit cards, etc.) in order to verify the legitimacy of a suspicious credit card order. Unless a reply to manufaktor.hu's request for additional information is received within fifteen (15) days of said request, all suspect credit orders will be immediately cancelled and no compensation will be paid.
3.3. PROOF OF THE ORDER
In general, manufaktor.hu and the Consumer explicitly agree that e-mails are valid between the Parties, as are the automated recording systems used on the Site and Paypal’s website, especially as concerns the type and date of the order.
ARTICLE 4: PAYMENT
4.1. Payment must be made via the services of Paypal or via bank transfer at all time of the order in Euros.
4.2. manufaktor.hu reserves the right to refuse any order or any delivery in the event that the ceilings shown in the foreword hereto are exceeded, or that a dispute exists with the Consumer, or if a previous order by the Consumer had not been paid or had only partially been paid, or if the banking authorities refuse to authorize the payment by bank card, or if the order had not been paid or had only partially been paid.
4.3. The Consumer guarantees to manufaktor.hu that s/he has the authorizations that may be required to use the method of payment selected at the time the order was validated. If PayPal or the bank refuses the payment, the order will automatically be cancelled.
4.4. SECURITY WITH PAYPAL PAYMENT
manufaktor.hu uses one of the most secure online payment services, Paypal, which guarantees the Consumer that Manufaktor never has access to the confidential details concerning the method of payment that the Consumer uses to pay for his/her order. Only Paypal is in possession of that information.
4.5. SECURITY WITH BANK TRANSFER PAYMENT
If the Consumer places and order and wishes to pay via bank transfer, Manufaktor has absolutely no access to the confidential details of the Consumer’s bank information.
ARTICLE 5: DELIVERY AND RECEIPT
5.1. DELIVERY METHOD
The Hungarian postal tariffs can be found on the Hungarian version of manufaktor.hu, so we cannot send a package abroad with these rates. We do not accept collect on delivery. On the English / German version of manufaktor.hu can be found the shipping tariffs outside Hungary, therefore, ordering from these sites cannot be used for ordering to Hungarian addresses.
Once the order has been prepared, it will be sent to the mailing address provided by the Consumer when s/he placed his/her order. Manufaktor will send details of the shipping to the Consumer upon posting the ordered goods. The goods will be delivered by post or by Fedex runner. The Products are delivered by the post, if the Consumer is not at home, the shipper will leave a non-delivery notice in the Consumer’s letter box and usually place the order to the nearest post office. In case of Fedex delivery, the Consumer will be able to follow the progress of his/her delivery on the Fedex tracking website, with the tracking number sent in the shipping confirmation email. Since delivery is handled by a third-party service provider, manufaktor.hu informs the Consumer that it cannot be held liable in any way if the non-execution or faulty execution of this obligation is attributable to the Consumer, to an unforeseeable or insurmountable event, or to a case of absolute necessity.
Products shipped by the post are usually delivered within the following average time-frames:
- up to 2-3 business days from dispatch within Hungary,
- up to 4-5 business days from dispatch if delivery is to Europe
- up to 7-10 business days from dispatch if delivery is outside Europe.
FedEx international transporting undertakes the following average delivery time-frames:
- up to 2-4 business days from dispatch if delivery is to Europe
- up to 3-6 business days from dispatch if delivery is outside Europe.
(Saturdays, Sundays and public holidays are not considered to be business days.)
Upon delivery, the purchaser or the addressee of the products ordered shall sign a delivery slip and a receipt. In case of absence, the Consumer or the addressee shall receive a delivery note, usually allowing retrieving the order in the nearest post office stated in the delivery notice. Upon delivery, the Consumer or the addressee must check the apparent condition of the products. During the delivery, in case of apparent anomaly (damage, missing product, damaged parcel or broken product) noticed in front of post’s representative, the Consumer or the addressee must report the damages or the missing items and express claims and reservations, and must deny the delivery by immediately filling an anomaly report with the post’s representative. The reservation and claims must be comprehensive and accurate. They must accurately describe the damages noticed and provide the order number. Any reservation must be confirmed by registered letter within three (3) days of receipt. All reservations of this type must be provided to email@example.com within the time-frame. Any complaint made after this time-frame or not in line with the required form will be rejected and manufaktor.hu will be freed of all liability.
ARTICLE 6: RIGHT OF RETURN
The costumer has the opportunity to desist from shopping within 14 days after receiving the package, in this case,she/he has to pay the return of the package and the fee of bank transfer generated by sending the price back. Any money remaining after subtracting these costs from the sum sent us back will be refunded to the costumer.
6.1. WITHDRAWAL RETURNS
For any non-compliant Product, the Consumer shall contact Manufaktor via firstname.lastname@example.org. Manufaktor will then tell the Consumer what steps to take.
manufaktor.hu does not accept packages that are sent C.O.D. The Consumer remains responsible for any risk associated with the return of the Product(s).
On receipt of the allegedly non-compliant Product(s), manufaktor.hu will very soon perform a test of the Product(s). If the non-compliant nature of the Product(s) is confirmed, manufaktor.hu will then reimburse the Consumer, to the bank account that was debited at order time, for the non-compliant Product(s) within a maximum of thirty (30) days from receipt of the non-compliant Product(s).
ARTICLE 7: LIABILITY
A manufaktor.hu may not be charged with liability for all the inconveniences or damage inherent in using the Internet, in particular service outages, intrusion from outside or the presence of a computer virus. A manufaktor.hu is not liable for breaches of its obligations, as defined herein that arise out of a case of force majeure. A manufaktor.hu is not liable for any possible allergic reactions caused by the use of its perfumed products. A Manufaktor invites the Consumer to read with attention the ingredients lists present in details on the packaging of the Product(s) before any contact on the skin or any eventual inhalation and to get informed from attachments, videos and guides found on the web site. Manufaktor declares that we do not use any material that is harmful to health, all Manufaktor products and creations are made solely of natural and of tested material. Manufaktor possesses CE certificates by all products where it is required, and it is also represented on the products.
ARTICLE 8: JURISDICTIONAL CONSIDERATIONS
8.1. FORCE MAJEURE
No Party shall be held liable for total or partial lack of performance of its obligations, if such lack of performance is due to an act of God or to the occurrence of an event that constitutes “force majeure,” such as, in particular, the following examples being given only as indications, flood, fire, storm, lack of raw materials, a transport strike, a partial or total strike, or a lock-out. The Party that was affected by such events shall inform the other Party as soon as possible and within a maximum of five (5) business days from the occurrence of the event. The Parties agree that they must negotiate as soon as possible to jointly determine ways of performing the order during the term of the force majeure event. If the force majeure event lasts for longer than one (1) month, manufaktor.hu shall be allowed not to honor the order, though manufaktor.hu is obliged to reimburse the Consumer, if the Consumer has paid, the amounts paid by the Consumer for the order concerned.
8.2. PARTIAL NON-VALIDATION
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared such by the application of a law, a regulation or pursuant to a final court decision, the other stipulations shall retain their entire force and scope.
8.3. NO WAIVER
The fact that one of the Parties did not require the application of any clause of these General Terms and Conditions of Sale, whether on a permanent or temporary basis, shall not in any circumstances be considered as a waiver of the rights of that Party arising out of that clause.
8.4. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
A Manufaktor reserve the right to amend these General Terms and Conditions of Sale at any time.
8.5. ENTIRE AGREEMENT
These General Terms and Conditions of Sale and the order summary sent to the Consumer jointly form a contractual unit and make up the whole of the contractual relationship entered into between the Parties.
8.6. APPLICABLE LAW – DISPUTES
The law that applies to these General Terms and Conditions of Sale and to the orders relating thereto is Hungarian law, to the exclusion of the Vienna Convention concerning international sales contracts for goods. Any dispute that may arise concerning their validity, interpretation or performance that cannot be settled out-of-court by the Parties will be subject to the courts in the jurisdiction of Budapest or the courts appointed by the common law provisions.