Effective: from 1st January 2022
Please read this document carefully before making a purchase on the website www.tickless.com (hereinafter referred to as the “Webshop”), as by finalizing your purchase or order you accept the terms these general terms and conditions (hereinafter referred to as the “GTC”).
Imprint – Operator Details
Name: ProtectOne Limited Liability Company
Registered office: H-1021 Budapest, Völgy u. 5/A.
Registering Court (authority): Fővárosi Törvényszék Cégbírósága
Company registration number: 01-09-944010
Tax number: 22797933-2-41
Details of the webhosting provider:
Name: Websupport Magyarország Kft
Location: Victor Hugo Str. 18-22. 1132 Budapest, Hungary
I. INTRODUCTORY PROVISIONS
- The present GTC contain the general terms and conditions for the use of the Webshop operated by ProtectOne Korlátolt Felelősségű Társaság (registered office: H-1021 Budapest, Völgy u. 5/A.; company registration number: 01-09-944010; tax number: 22797933-2-41; e-mail: email@example.com) as a service provider (hereinafter referred to as “Service Provider”).
- In the Webshop operated by the Service Provider, the Customer is entitled to place an order only after having read and accepted the provisions of these GTC as binding clauses for him/her. The Customer who visits the Webshop accepts the provisions of these GTC provided by the Service Provider and acknowledges them as binding upon him/her. The Customer may be a consumer or a business entity, to whom different rules may apply in certain cases.
- The Service Provider sells its products through the Webshop in accordance with the GTC, which the Customer shall accept as binding upon him/her by visiting the Webshop and placing a valid order.
- Present GTC shall apply to all contracts concluded between the Service Provider and the Customer using the Webshop. Unless otherwise stated, these GTC shall apply equally to all offers, deliveries and services of the Service Provider.
- By submitting an order through the Webshop, the Customer expressly consents to the Service Provider using the e-mail address provided during registration for the purpose of concluding the contract. The Customer’s order shall only become effective if the Service Provider has confirmed the Customer’s order to the e-mail address provided.
II. SUBJECT OF THE CONTRACT, PURCHASE PROCEDURE
- The subject of the contract concluded in the Webshop is at all times the products offered by the Service Provider in the Webshop. The Customer shall provide – at the time of the first purchase – the data required for the purchase, such as name (first and last name), e-mail address, delivery and billing address, telephone number. It is not necessary to create a registered user account to make a purchase.
- It is the Customer’s responsibility to ensure that any data provided by the Customer are entered accurately, as the product(s) ordered will be invoiced and delivered in accordance to the data provided. By placing an order, the Customer acknowledges that the Service Provider excludes any liability for performance based on inaccurate data entry.
- The prices indicated in the Webshop are gross prices, including VAT at the current rate. The final purchase price of the product is the value added tax, which is calculated according to the tax rate set out by the law in force on the date of invoicing. The prices indicated do not include delivery costs. The invoice for the purchase of the product will be sent electronically to the contact details provided by the Customer. The Service Provider reserves the right to change the price of the products ordered on the Webshop, with the modification taking effect at the same time as the product is published on the Website. The modification does not adversely affect the purchase price of the product already ordered and confirmed by the Service Provider.
- The Service Provider retains ownership of the product until the purchase price is paid. A contract concluded via the Webshop is a legal transaction between absentee under the Government Decree on the detailed rules of contracts between consumers and businesses.
- In the Webshop products are classified into categories. By clicking on the product categories in the Webshop, the Customer can select the desired product range and the individual products within it. Click on the product to find the photo, article number, description and price of the product.
- After selecting the product you wish to purchase, you can add any number of products to your shopping cart by clicking on the “Cart” button, without any obligation to purchase or pay, as adding to cart does not constitute an offer.
- You can check the contents of your shopping cart at any time by clicking on the “View Cart” icon at the top of the website. Here you can remove selected products from the basket or change the number of items in the basket.
- If the Customer does not wish to select any further products and add them to the basket, the Customer may continue shopping by clicking on the “Basket” button. After clicking on the “Cart” button, the contents of the cart will be displayed and the total purchase price to be paid for the selected products. After that the Customer will be asked to fill in user details (delivery method, payment method, contact details).
- If the Customer is satisfied with the contents of the basket that corresponds to the products he/she wishes to order and that all the details are correct, by clicking on the “Submit Order” button, the Customer expressly acknowledges that his/her offer is deemed to have been made and that his/her declaration shall be subject to payment in the event of confirmation by the Service Provider in accordance with these GTC.
- The Customer may place an order at any time. The Service Provider will confirm the Customer’s order by e-mail no later than 3 working days after the Customer’s order has been sent.
- Payment of the purchase price of the ordered products is possible to be made online. In the case of orders and deliveries within Hungary only, cash on delivery payment is also possible.
- When paying online, the Customer may choose between two payment methods: Stripe or Paypal. The payment is not made on the Webshop’s site, but directly on the site of the financial service provider, which operates according to the rules and security standards of international financial service providers and card companies. The Service Provider does not have any access to and does not gain any insight into the data of the Customer’s own virtual account, as well as the data, number and expiry date of the credit card or the bank account behind it.
- The Customer acknowledges that the following personal data stored by the Service Provider in its customer database will be transmitted to the financial service provider as a data processor. The following data are transmitted by the data processor: email address, billing name, billing address, order total. The nature and purpose of the data processing activities carried out by the data processor can be found in the Stripe and PayPal data processing information, at the link below: [https://stripe.com/en-hu/privacy; https://www.paypal.com/myaccount/privacy/privacyhub ]
- The following data is required for payment by credit card:
- Card number (the number embossed or printed on the front of the card)
- Expiry date (number in dd/mm format, embossed or printed on the front of the card)
- Validation code (last three digits of the number sequence on the signature panel on the back of the card)
- In the Webshop, the Customer can pay with the following credit cards:
- American Express
- List and describe the means of delivery, both national and international: courier service. Detailed information on regional delivery charges is available at [https://tickless.com/en/shipping-information/]
- The ordered product is delivered by the Service Provider’s contractual partner (GLS), but in case necessary the Service Provider may use the assistance of a third party as a subcontractor.
- Delivery time: for products in stock, 5 working days from order confirmation. In case of products not in stock delivery is up to 10 working days. In view of the above, it is essential that the Customer provides the Service Provider with an address where the Customer can collect the delivered product at the agreed time. The Service Provider’s customer service will always inform the Customer by e-mail of the expected time of delivery.
- If the delivery date cannot be met for any reason, the Service Provider will inform the Customer by e-mail. The Customer shall not be entitled to claim any damages from the Service Provider as a result of the delay in delivery.
- If the courier fails to deliver the product for any reason, e.g. incorrect or inaccurately given address, Customer or recipient does not appear at the time of delivery, the delivery fee will not be paid; or in any other case, if the product is not accepted or cannot be accepted by the Customer, even if it is due to a minor defect, etc., the product may be returned to the Service Provider, being notified by the courier. The Service Provider and the Customer will then agree a new delivery date via e-mail. The costs of re-delivery due to the failure of the delivery resulting from the fault of the Customer or for any reasons in the Customer’s interest shall be borne by the Customer.
- Upon delivery of the product, the Customer shall inspect the package and its contents. In the event that the Customer notices any damage to the goods, he/she is obliged to notify the courier and shall have the courier draw up a report on the damage. In the event of failure to do so, the Service Provider shall not accept any subsequent complaint regarding the damage to the product.
IV. RIGHT OF WITHDRAWAL
- The Customer, who is a consumer, has the right to withdraw from the purchase within 14 calendar days of receipt of the ordered product without any conditions and without giving any reason for withdrawal. The Customer shall notify the Service Provider of his/her intention to withdraw from the contract no later than the day of expiry of the above deadline.
- The consumer shall have the right of withdrawal without giving reasons according to Article 20 of Government Decree 45/2014 (26.II.). The consumer may exercise the right of withdrawal
- in the case of a contract for the sale of goods,
- in the case of a product,
- in the case of a contract for the sale of several products, where the supply of each product takes place at different times, to the last product supplied
within a certain time limit from the date of receipt by the consumer or a third party other than the carrier as indicated by the consumer.
- In case of withdrawal, the Service Provider is obliged to refund the purchase price paid for the product, including shipping and packaging costs, to the Customer no later than fourteen calendar days after the withdrawal and the return of the product. In the event of the exercise of the right of withdrawal, the return of the product must be arranged by the Customer at his own expense. The Service Provider shall not bear the costs of returning the product.
- If the product has not been used for its intended purpose or has been used beyond the use necessary to determine the nature, properties and function of the product, the Service Provider may claim compensation for any damage, loss or depreciation of the product. The Service Provider is obliged to reimburse the full purchase price to the Customer only if the product is returned undamaged.
- The Customer shall be liable for the depreciation of the product returned by the Customer resulting from the use, damage, or improper use of the product beyond the use necessary to determine the nature, properties and operation of the product, and the Service Provider shall be entitled to deduct the depreciation of the product from the price of the product to be returned to the Customer, to claim the amount proportional to the depreciation when refunding the purchase price of the product affected by the right of withdrawal, and to deduct this amount from the purchase price to be refunded. The Service Provider shall inspect the product returned by the Customer, examining the general condition of the product, in particular the duration of its use. The amount of the depreciation shall be determined on the basis of the nature of the product concerned by the withdrawal, its purchase price and the degree of wear and tear resulting from its use as described above.
- The Service Provider expressly draws the Customer’s attention to the fact that the Customer may not exercise its right of withdrawal pursuant to Article 29 of Government Decree 45/2014 (II.26.).
V. WARRANTY, GUARANTEE
A) Implied Warranty:
- In the event of defective performance by the Service Provider, the Customer may assert a claim for warranty against the Service Provider in accordance with the rules of the Hungarian Civil Code.
- The Customer may, at his/her option, make the following claims under the warranty: request repair or replacement, unless the fulfilment of the claim chosen by the Customer is impossible or would involve disproportionate additional costs for the company compared to the fulfilment of his/her other claim. If the repair or replacement was not or could not be requested, the Customer may request a proportionate reduction in the price or have the defect repaired or replaced by another party at the expense of the business or, as a last resort, withdraw from the contract. The Customer may transfer his right to a warranty for accessories to another, but the cost of such transfer shall be borne by the Customer, unless it was justified or the business gave a reason for it.
- The Customer (if consumer) may enforce his/her warranty claims during the 2-year limitation period from the date of receipt for product defects that existed at the time of delivery of the product. After the two-year limitation period, the Buyer may no longer enforce his warranty rights. In the case of a contract concluded with a non-consumer, the person entitled may enforce his warranty claims during the limitation period of 1 year from the date of receipt. In the case of products below the value limit of HUF 10.000 and guaranteed by the Service Provider to work for 6 months, the period for exercising warranty rights is 6 months.
- The Customer may assert a warranty claim against the Service Provider.
- Within six months from the date of performance, the enforcement for a warranty claim is subject to no other conditions than the notification of the defect, if the Customer proves that the product was provided by the company operating the Webshop. However, after the expiry of six months from the date of performance, the Customer is obliged to prove that the defect discovered by the Customer was already present at the time of performance.
B) Implied Warranty (for product):
- In the event of a defect in the product, the Customer may, at his/her option, claim under the warranty for accessories or the product warranty. However, the Customer shall not have the right to make both a warranty claim and a product warranty claim for the same defect at the same time.
- As a product warranty claim, the Customer may only request the repair or replacement of the defective product.
- The product is defective if it does not meet the quality requirements set forth by the law in force when it was put on the market or if it does not have the characteristics described by the manufacturer.
- The Customer may assert a product warranty claim within two years of the date on which the product was placed on the market by the manufacturer (within one year in the case of a business entity). After the two-year period has expired, the Customer loses this right. The Customer shall notify the manufacturer of the defect without delay after discovering it. A defect notified within two months of the discovery of the defect shall be deemed to have been notified without delay. The Customer shall be liable for any damage resulting from the delay in notification. The Customer may exercise his right to claim under a product warranty against the manufacturer or distributor of the product. In the case of products below the value limit of HUF 10.000 and guaranteed by the Service Provider to work for 6 months, the period for exercising warranty rights is 6 months.
- The manufacturer (distributor) will only be exempted from product warranty obligation if he can prove (and only one reason is sufficient to justify the exemption) that:
- he has not manufactured the product or put the product into circulation in the course of his business, or
- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market; or
- the defect in the product results from the application of a law or a compulsory standard prescribed by a public authority;
- Products available in the Webshop are subject to the guarantee conditions under the applicable legislation. In the event of defective performance, the Service Provider shall be obliged to provide a guarantee in accordance with the provisions of Government Decree 151/2003 (IX. 22.) on the mandatory guarantee for certain consumer durables.
- The mandatory guarantee period is 1 year, for products under the value limit of HUF 10.000 the Service Provider provides a guarantee period of 6 months, starting from the date of delivery of the product to the Customer.
- The (subject) scope of the Regulation applies only to products sold under a new consumer contract concluded in Hungary. Only the Costumer who is a consumer (“Consumer”) may exercise the guarantee rights.
- A defect is not covered by the guarantee if the cause of the defect occurred after the product was delivered to the Customer, for example if the defect is related to
- improper installation (unless the installation was carried out by the Service Provider or its agent or if the improper installation is due to a fault in the instructions for use)
- damage or illegibility of the serial number or unique identification labels,
- misuse, failure to observe the instructions in the manual instructions,
- improper storage, mishandling, damage,
- damage caused by natural disasters.
- In the event of a defect covered by the guarantee, the Customer may
- in the first instance, at its option, demand repair or replacement, unless the chosen warranty claim is impossible to fulfil or would result in disproportionate additional costs for the Service Provider compared to the fulfilment of the other warranty claim, taking into account the value of the product in its defect-free condition, the seriousness of the breach of contract and the damage to the Customer’s interests caused by the fulfilment of the warranty claim;
- at his/her option, request a proportionate reduction of the purchase price, repair the defect himself/herself or have it repaired by another party at the expense of the Service Provider, or withdraw from the contract if the Service Provider has not undertaken to repair or replace the defective product, cannot fulfil this obligation within a reasonable period of time, without prejudice to the interests of the Customer, or if the Customer’s interest in repair or replacement has ceased due to late performance;
- The Customer shall not have the right to assert a warranty claim and a guarantee claim for the same defect at the same time.
- The contract concluded by using the Webshop does not constitute a written contract. The Service Provider does not file the contracts, so they are not accessible afterwards, and the contracts cannot be viewed afterwards. The Service Provider does not subscribe to any code of conduct.
- The www.tickless.com website and the Webshop operated by the Service Provider operates under Hungarian law, so all transactions concluded in the Webshop shall be governed by the laws of Hungary.
- The data provided on the price lists, descriptions, stock information, pictures and drawings and other documents on the website and in the Webshop regarding the size, weight, price, color and other characteristics of the products are for information purposes only. The Service Provider reserves the right to make technical improvements to the products or to discontinue the products.
- Even with the greatest care, it is possible that the description of products in the Webshop may contain incorrect information due to a technical error, or that the price may be incorrect or significantly different from the actual market price. The Service Provider shall not be liable for any claims for damages that the Customer may have in respect of any typographical errors, incorrect data or incorrect prices displayed.
- The Service Provider shall not be liable for any errors made by the Customer during the ordering process, nor for any unfulfilled orders due to the bad quality or lack of internet service, nor for any unfulfilled orders due to lost e-mails due to technical reasons. Neither of the Parties shall be held liable for non-performance of contractual obligations in the event that such non-performance is caused, in whole or in part, by force majeure.
- The Service Provider is entitled to unilaterally modify present GTC at any time by publishing it on the website www.tickless.com. The amended provisions shall become effective for the Customer upon the first use of the website or the Webshop and shall apply to any orders placed after the amendment.
- The technical information necessary for the use of the Webshop, which is not included in present GTC, is provided by other information available on the website www.tickless.com.
- The content (including but not limited to products, descriptions, images, data) displayed on the www.tickless.com website and in the Webshop is protected by copyright.
- The invalidity of certain provisions of present GTC shall not affect the validity of the other provisions of the contractual terms and conditions. The parties shall replace the invalid provision by a provision that best serves the purpose of the original provision and intent.