TERMS AND CONDITIONS
Operating data
Name: Schmaler Petra sole trader
Place of business: 9400 Sopron, Kanizsai tér 7.
Tax number: 69392973-1-28
Registration number of trader: 53117461
language of Contract: Hungarian
Contact info: info@lapetra.hu
Telephone: +36-20/460-21-45
Bank account no(HUN): 10404058-50526983-82811004
Range of products and services available for purchase
The webshop sells custom made jewelry. Details and features of each product are uploaded as detailed as we can.
The content of this website is protected by copyright. The use of images and written material requires the written approval of the operator.
The displayed products can be ordered online through the webstore’s software. Shipping costs are not included in the price. Products will be sent with home delivery. The contract of sale is concluded between Petra Schmaler sole proprietor as Seller / Service Provider and the customer as Buyer.
All prices quoted are in HUF and are not subject to VAT. The prices are valid at the moment and become final only if the customer completes the ordering process correctly and confirms the order. The final price of the product and shipping service is the price that is showed beside the product name on the order approval and in the confirmation email sent to you about your order. The final price may be changed only by mutual agreement of the parties. If any order or orders are modified or consolidated for any reason, the modified order will be subject to the delivery and payment terms at the time of modification.
Delivery fees
Free delivery to Sopron, subject to prior arrangement, in case of personal receipt of the goods. However, it is also possible to send the product by post within Sopron.
Delivery fees to Hungary:
Registered Package: delivery fee is HUF 1,490.
Cash on delivery: an additional HUF 1,200. Cash on delivery is only possible for orders coming from Hungary with a delivery address in Hungary.
For orders over HUF 20,000, the delivery fee is free. For purchases over HUF 20,000, there will be no additional charge of HUF 1,200 for cash on delivery.
Delivery fees to the European Union:
For shipping to EU countries by registered mail, the fee is: 2.490, – Ft.
For orders over HUF 20,000, the delivery fee is free.
Cash on delivery to EU countries is not possible.
We ship our products with regular registered post.
In the event of unsuccessful delivery, the postman will leave a notice and then retry the delivery or hold the parcel for 5 days at its branch office. Each case the post will leave a note with you marking the number of days it can be pick up by the addressee. After this, the package will be returned to the sender. Customers will be informed by us in case a package is returned. The customer may request a new delivery attempt of the parcel at the customer’s cost of return or reposting.
The invoice is included in the package. Please inspect the package upon delivery, and in case of damage, ask for a record and do not accept the package. We are unable to accept complaints without official reports!
The Service Provider reserves the right to use other carriers, but may only deviate from the confirmed delivery charges to the benefit of the Purchaser.
Registration
Purchase is possible only with user registration, user name, password, name, address, phone number. Confirmation of registration is required by clicking on the activation link sent to the email address provided by the customer. Customer information is kept confidential. You only need to register once, registered data can be modified any time. Please ensure that the details are accurate so that the order can be processed and delivered smoothly.
Of course, the registration can be canceled, to do this, please contact the operator by email.
Order process
1. Click on the “Basket” button on the product’s page, and then the item will be added to the cart, the contents of which can be viewed at any time by clicking on the “Cart” in the upper right corner. 2. Proceed as described in point 1 for each product you wish to purchase.
3. When you have all the items you want to buy in your cart, click on the Cart in the upper right corner to view its contents. In the cart you can delete the products, modify their quantity by entering the quantity in the input field specified in the queue, and then pressing the “Refresh” button.
4. Click “Next” in the shopping cart to proceed with the order process. If you are already registered and logged in, you will be redirected to the payment page, to check all data of yours, otherwise you will need to click on “Login” or “Register”.
5. You will then need to select a Payment Method. You can choose between cash on delivery, bank transfer and credit card payment. You can then press the “Next” button again to continue the purchase process.
6. As a final step in placing your order, you can double-check your order details and click the ‘Place Order’ button to send your order to us.
By clicking on this button, the Buyer will make an offer, which will result in a payment obligation, and we will automatically send you a confirmation within 48 hours of the order. In all cases, the confirmation shall include the method of payment chosen, the value of the order, the delivery terms, the product description and the number of units, the identification number and the details of the Buyer. If the confirmation, which sets out the terms of the order, is not received within 48 hours of the order being made, the Buyer shall be released from the offer obligation. Before placing an order, the Buyer has the opportunity to modify the data provided at registration by overwriting and saving the modified data. The language of the contract is Hungarian. An order is a contract concluded on the Internet but not signed, the contents of which are filed, archived and subsequently accessible and retrievable. The contract confirmation number is always the order number as well.
In the case of cash on delivery, the ordered product will be shipped within 7-9 business days of the confirmation sent by the Service Provider, in case of PayPal and bank transfer payment within 7-9 business days from receiving the credit note from the operator’s bank account.
Orders are processed within in 48 hours.
Failure to perform the order will terminate the contract. If performance is impossible, the Service Provider shall inform the Buyer without delay and return the prepaid amount within 14 days after the notification. There is no additional cost to the Buyer in connection with the refund.
In case of a defect in the ordered products, the Buyer may enforce a Warranty Claim against the Service Provider pursuant to the provisions of Act V of 2013 on the Civil Code. In the course of enforcing your warranty claim, Buyer may request repair or replacement of the defective product, unless repair or replacement is impossible or incurs a disproportionate additional cost to Service Provider. If Buyer has not requested or could not request repair or replacement, it may request a proportionate discount, repair or repair of the Product at the Service Provider’s expense, or if the Service Provider has not undertaken or is unable to perform the repair or replacement, or his interest in repair or replacement has ceased. It is the responsibility of the Buyer to prove the material interest. There is no room for withdrawal due to a minor fault. Buyer, of its selected consumable warranty rights may switch from one to another, however, Buyer should bear the cost raised by the change, unless warranted or provided by Service Provider. The Buyer shall notify the Seller about the defect immediately upon discovery of the defect, but no later than 2 months from the discovery. Buyer will not be able to enforce the warranty claim beyond the 2-year statute of limitations. There are no other conditions for enforcing your Warranty Claim within 6 months of delivery, other than reporting the defect, and presenting / sending the invoice or a copy thereof. However, after 6 months from the date of delivery, the Buyer shall be required to prove that the defect was present at the time of fulfillment. Instead of a quality warranty, the Customer may also claim a product warranty claim against the manufacturer or distributor. In the event of a product warranty, the Buyer may only require replacement (repair) of the defective product. A product is defective if it does not meet the quality requirements applicable at the time of purchase or if it does not have the characteristics described by the manufacturer. In this case, the defect of the product shall be proved by the Buyer. The product warranty claim is valid for up to 2 years from the date of sale.
The manufacturer / distributor shall only be exempt from the product liability obligation if he proves that the product was not manufactured or marketed within the scope of his business; or the defect was not recognizable at the time of sale, according to the state of scientific and technical knowledge; or the defect in the product results from the application of a legal or regulatory requirement. It is sufficient for the manufacturer / distributor to prove one reason. Warranty and Product Warranty Claims cannot be enforced concurrently.
No. 151/2003. (IX. 22.) Govt. May claim a warranty claim against the Service Provider within 1 year from the date of receipt (provided that it is a consumer within the meaning of this Gov. Decree). The Service Provider shall be exempt from the warranty obligation only if it proves that the cause of the defect occurred after the performance.
Warranty claims may be claimed by Buyer as stated in the Supplies Warranty, except that in the event of a defect in a durable good, we will replace the product within 3 business days of receipt if the defect prevents its intended use , and in the event of any notice beyond that date, we will endeavor to have the repair or replacement completed within 15 days. Because of the same defect, you cannot claim both a Warranty and Warranty Claim and a Product Warranty and Warranty Claim at the same time. However, the rights arising from the warranty shall be independent of Buyer’s rights under the Warranty and Product Warranty. If you have any questions, comments or complaints regarding your order, please contact the Service Provider at info@lapetra.hu or + 36-20 / 460-21-45.
The Buyer may initiate arbitration proceedings for the simple, expeditious and out-of-court settlement of disputes (consumer disputes) against the Service Provider. The conciliation body competent according to the location of the Service Provider:
Győr-Moson-Sopron County Arbitration Board
Address: 9021 Győr, Szent István út 10/a.
Telephone: (96) 520-202; 520-217
E-mail: bekeltetotestulet@gymskik.hu
Presient: Horváth László
For more information on the arbitration board and to the competent arbitration board to address the link below:
http://www.fogyasztovedelem.kormany.hu/node/8579
As of CLV 1997 on Consumer Protection. Pursuant to Article 29 (11) of the Act, the Service Provider shall be obliged to cooperate in the arbitration board procedure, within the framework of which it shall send its reply letter to the arbitration board within the time limit specified therein.
The settlement of consumer disputes online, as well as Regulation (EC) No 2006/2004 and Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 amending Directive 2009/22 / EC, except where applicable, the undertaking shall be required to ensure the presence of the person authorized to enter into a hearing. If you are a company headquartered, established or its branch is not registered in the county of competent regional arbitration board actuator chamber, the business co-operation obligations covered by the relevant consumer demand for a written agreement binding option is offered.
If the Buyer wishes to make a complaint about the purchased product, they may use the ODR. Complaints can be submitted on the platform after registration.
The online dispute resolution platform can be found at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&Ing=HU
Right of withdrawal
According to edict No. 45/2014. (II. 26.), the Buyer may, without giving any reason, cancel the purchase within 14 days of receipt (receipt of the product). Buyer’s right of withdrawal through a clear statement to this effect by telephone (061-235-60-70), e-mail (info@lapetra.hu), or 45/2014. (II. 26.) Government Decree may be exercised using the template provided in the Annex 2. In the case of written cancellation, it is sufficient to send the cancellation statement to the Service Provider within 14 days of receipt (receipt of the product).
This Buyer right of withdrawal
(a) the product,
(b) in the case of sale of more than one product, where each product is supplied at a different time, to the last product supplied,
(c) in the case of a product consisting of several lots or pieces, the last lot or piece supplied,
(d) if the product is to be supplied on a regular basis over a specified period, the first service,
from the date of receipt by Buyer.
This day includes the day of free delivery (in Sopron), the day of delivery of the product from the postman or the receipt of the product by post. You may exercise your right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.
In case of cancellation, please return the product to the Service Provider’s headquarters at your own expense (9422 Harka, Örs utca 4.), and we will refund the purchase price of the returned product (s) and any costs. The shipping fee will be refunded if you cancel your entire order. In the event of cancellation, the Buyer shall bear only the cost of returning the Product. In case of express delivery however normal shipping cost will be refunded. We will not refund the purchase price of the product(s) and the shipping cost (or the amount paid by the Buyer in return) unless the customer has returned the product(s) or has unequivocally confirmed that he / she sent it back within 14 days: the earlier of the two will be considered.
Refunds will be made using the same payment method used for the original transaction, unless Customer has explicitly agreed to use another payment method. In case of another refund method, no additional charges may occur to the Customer.
The Service Provider may, however, claim compensation for damage resulting from improper use of the product.
We will not accept returns sent by cash on delivery.
Buyer may not exercise his right of withdrawal pursuant to Section 45/2014. Article 29 of the Government Decree, in particular
• in the case of a non-prefabricated product which has been manufactured at the request of the purchaser or at the express request of the purchaser or which is clearly tailored to the purchaser
• perishable or short-lived products;
• sealed products which cannot be returned after opening after being opened for health or hygiene reasons;
• for a product which, by its nature, is inextricably mixed with another product after its transfer;
• the sale and purchase of sealed audio and video recordings and computer software copies if the customer has opened the packaging after delivery;
• for newspapers, magazines and periodicals (except for subscription contracts)
• with respect to digital content provided on a non-tangible medium, if the Service Provider has commenced the performance with the express prior consent of the Purchaser, and at the same time the Purchaser has stated its acceptance that he will lose his right of withdrawal / termination.
