General Terms and Conditions
1. 1. Purpose of the General Terms and Conditions of the Website
The service provider has issued these General Terms and Conditions (hereinafter referred to as “GTC”) in order to establish detailed rules on the conditions related to the services and use of the website defined below, the rights and obligations of the service provider and the user, and other relevant circumstances related to the services of the website. The terms and conditions of the website contain the general terms of the legal relationship established between the service provider and the user engaging in a contractual relationship with it.
1. 2. General Information
These General Terms and Conditions (hereinafter referred to as “GTC”) prescribe the rights and obligations of AVX Kft. (hereinafter referred to as “Service Provider”) and the party using the electronic commerce services provided by the Service Provider (hereinafter referred to as “User”) via website www.avxcafe.com (hereinafter referred to as “Website”). Within the scope of application of these GTC, any person registering at the internet platform of the Service Provider, using the services of the website, and having an intention to make a purchase, shall be considered as a User. (The Service Provider and the User hereinafter jointly referred to as “Parties”). These GTC shall be applicable for any legal transaction and service performed via website www.avxcafe.com.
These GTC shall cover any electronic commerce service provided within the territory of the European Union which is performed via the online shop (hereinafter referred to as “Online Shop”) operated at website www.avxcafe.com.
The purchases made at the Online Store are regulated by Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services (hereinafter referred to as “Ektv”) and Government Decree No. 45/2014 (II. 26.) on the Detailed Provisions of Contracts Concluded Between Consumers and Companies (hereinafter referred to as “Decree”).
Owner of the website:
Name of service provider: AVX Kft.
Seat of service provider: Radnóti st. 62., Szeged 6726, Hungary
VAT number: 13598877-2-06
Court of Company Registration: Szeged Regional Court as Court of Registration
Company registration number: 06-09-010229
Telephone: +36 20/250-3120
Customer service: firstname.lastname@example.org E-mail: 24/7
Telephone: 8:00 am – 4:00 pm on weekdays
3. Acceptation of the GTC
By making an explicit declaration when registering and placing an Order, the User makes a declaration on the fact that it has understood the GTC and has accepted them by an explicit declaration.
If the GTC have been modified since the time of the last login, the Service Provider shall inform the User on such modifications when it logs into the site.
4. Modification of the GTC
- Conditions of Registration
In full awareness of its responsibility, the User declares that the data provided to the Service Provider at registration are correct. The Service Provider reserves the right to delete the data upon the receipt of the registration if the correctness of the data provided at the registration is questionable or cannot be interpreted, and to consider its obligations for providing services to the User as null and void, or to contact the User in order to request more data to validate the registration.
The registration may be performed by using the form located at the Registration menu of the Home Page, the process is constituted of: a preliminary data request (the User shall provide its legal name, a valid email address as its username, telephone number and a password according to its choice), which is followed by a more detailed personal data sheet (delivery address, company data if needed, billing address if needed). By making an explicit declaration when registering at the Website, the User declares that it has understood and accepts the conditions of the GTC and the Data Protection Policy published at the Website, and provides a consent for the data processing prescribed by the Data Protection Policy. The User understands that data is provided on a voluntary basis, it has provided its consent on a voluntary basis and for an indefinite period, and such consent may be revoked anytime in writing.
The Service Provider shall not be liable for any delay of delivery or other problem or failure resulting from the incorrectness and/or inaccuracy of the data provided by the User. The Service Provider shall not be liable for any damage resulting from the fact that the User has forgotten its password, or if its password becomes accessible for unauthorized parties as a result of any reason beyond the control of the Service Provider. The previously registered data may be modified after logging in, by clicking at menu Modifying Personal Data, which is accessible after clicking at link Personal Settings. Such modifications affect the data of the active orders. The Service Provider shall not be liable for any damage or failure resulting from the modification of the registered data by the customer.
7. Modification of Registration
If the User has registered at the Website but it has forgotten its password, our system sends an automatically generated password after clinking at text Have you lost your password? – after entering the registered email address. Such password may be changed by the User after logging in, by using menu Edit Data. In case of the change of the data of the User, the data may be modified by clicking update cart / delivery address / address anytime, provided that the order has not been finalized. Before finalizing the order, a data field will be displayed for the User, therefore the system provides one more opportunity for checking the data, and for modifying them if necessary. Please do this before finalizing your order. The actual order will always be delivered at the address provided before finalizing the order. The registration data may be modified after logging into the Online Store, by clicking tab update address.
In case of any change of the data of the User, the data shall be updated before finalizing the order, or the Service Provider shall be informed on such change. The User shall be obliged to compensate the Service Provider for any damage resulting from the incorrect data in case of any unmodified order.
8. Deletion of Registration
The User shall be entitled to terminate the registration anytime, except for the case when the completion of an order is still ongoing. In such case, the registration of the User shall be terminated following the completion. In order to delete the registration, the Service Provider shall be informed under menu delete registration.
9. Conclusion of the Contract between the Parties
A purchase may be made at the Online Store by placing an order electronically, in accordance with the manner prescribed by the GTC.
The majority of the services of the Online Store is accessible for any user without registration, but other services require a registration (and logging in), which may be performed by everyone, as prescribed by the GTC.
The order (quote) of the User is accepted by the Service Provider by the means of a confirmation email in which, inter alia, the User is informed on the conclusion of the contract, the ordered product, the price of the ordered product, the payment conditions, the estimated date and method of delivery, the right for cancellation, and the manner of exercising the right of cancellation. After placing the order, the order may be modified or cancelled until the completion, freely and without any consequence. This may be performed via telephone or email.
The contract concluded in English language by the Parties when purchasing the good shall be considered as a written contract, which shall be filed by the Service Provider and stored for 5 years from the date of being concluded, and it shall be subsequently accessible and searchable during such period.
The substantial characteristics and properties of the goods to be purchased, and the instructions for use of such goods may be learned by using the information site of the specific good, provided that the detailed actual properties of the good are contained by the description located at the product itself. If you have any question in connection with the good before purchase, our customer service is at your disposal. If you need more information on the quality, general properties, use and usability of any good of the Online Store in addition to the information published at the Online Store, please contact our customer service.
The Service Provider only accepts orders placed via the Website of the Service Provider by a registered User, and only if the user has fully completed the fields necessary for placing the order. (In case of the incorrect or failed completion of any of the fields by the User, an error message will be sent by the Service Provider.) The Service Provider shall not be liable for any delay of delivery or other problem or failure resulting from the incorrectness and/or inaccuracy of the order data provided by the User. In some cases, the published pictures may be illustrations, and the Service Provider shall not be liable for any difference.
An order may be placed by logging in after registration, and by using the Cart. The User may add the selected products to the cart after clicking at the certain products, by using the Add to cart link located at the page presenting the detailed properties of the products. The content of the Cart may be modified after clicking at the Cart link, where the desired quantity of the products may be indicated, and where the content of the Cart may be modified or removed. If the content of the cart is finalized by the User, it may check the data of the order before placing the order, modify the delivery and invoicing address, select the method of payment and delivery, and add comments to the order, by using the summary page displayed after clicking at Cashier link. By clicking the Back link at the summary page, the User may modify the content of the Cart and other data according to its needs. The order is placed and the quote is sent by clicking at Send order link located at the Cashier summary page.
Following the receipt of the purchase quote (order) of the User, the Service Provider shall be obliged to send an electronic (email) confirmation to the User immediately. If such confirmation is not received by the User within 48 hours after sending the quote (order), the User shall be free of any bond of quote or contractual obligation.
The purchase price shall always be the price indicated next to the selected product, which shall include VAT unless otherwise indicated. The purchase price of the products contains the packing fee, but does not contain the delivery fee.
The Service Provider reserves the right to change the prices of the products which may be ordered from the Online Store, provided that such changes shall be effective upon the publication at the Website. Such changes shall not have any adverse effect on the purchase prices of the previously ordered products. When an online debit card payment is initiated, we are not able to reimburse money for price reductions applied during the period between sending the electronic payment notification and the receipt of the product. The security validation of the online payment transaction takes at least 24 hours, the product may only be received afterwards.
If an incorrect price is published at the Website, despite the care exercised by the Service Provider, the Service Provider shall not be obliged to deliver the product at the incorrect price, particularly in case of obviously incorrect prices, e.g. prices which are significantly different from the well-known, generally accepted or estimated price of the product, or 0 EUR or 1 EUR prices published as a result of a system error.
In this case, the Service Provider may offer a delivery at the correct price, and the User may decide on exercising the right for cancellation after understanding the correct price.
The orders shall be completed by the Service Provider until the available stocks are exhausted. Within 2 business days after processing the received orders, the Service Provider shall notify the User on the stock reservation, and on the estimated date and costs of the delivery by the means of a further email, and the Service Provider shall indicate if certain products cannot be delivered due to a temporary short of stocks. Such items will be automatically deleted from the order of the User. In case of the lack of confirmation, the User shall be free of any bond of quote or contractual obligation.
13. Delivery and payment conditions
The cost of delivery depends on the weight of the product. The deadline of the delivery of products in stock shall be 1-10 business days. Before the delivery, the Service Provider shall inform the User on sending the package by email.
The Service Provider delivers the order to the address indicated by the User by using a courier service or the post.
The method and cost of delivery will be calculated according to the nature and weight of the product, and the Service Provider will inform the User on them by the confirmation email.
Afterwards, the User shall be entitled to cancel the order, if it does not accept the cost of delivery.
In case of orders with a value not exceeding the limit required for a free delivery, the cost of delivery shall be borne by the User. The cost of delivery will be indicated at the invoice. If more than one order is received from a User during the same day, they will be taken into account separately during the calculation of the fee of delivery, only orders with a value exceeding the limit ensuring a free delivery will be delivered free of charge. If the User notifies on this upon placing the second order, and if it’s possible according to the feedback from the Service Provider, the Service Provider may merge the orders, however, the previously sent packages cannot be merged. The Service Provider reserves the right to change the cost, provided that such changes shall be effective upon the publication at the Website. Such changes shall not have any effect on the purchase prices of the previously ordered products.
Following the ability to complete the order, the Service Providers allows the User to select the date of delivery, which date does not indicate a specific time, only serves to provide the ability to select an estimated interval for the delivery. The Service Provider cannot undertake to perform a delivery at a certain hour. The actual deadline of delivery shall be indicated in the confirmation of the order in each case.
The Service Provider offers 2 methods of payment for the User:
Bank transfer: Following the confirmation of the delivery, the User transfers the purchase price of the ordered products and the cost of delivery to the bank account of the Service Provider. In case of a domestic order, the good will be delivered no later than 5 business days following the receipt of the amount.
Payment via PayPal: After placing an order, the User pays the purchase price of the products and the cost of delivery via the PayPal system (www.paypal.com) to the Service Provider. The good will be delivered no later than 5 business days following the successful payment.
14. Receipt of the good:
Please indicate a delivery address in the order where you are available during the day. Please indicate your phone number at your data, in order to allow the courier to contact you in case of any problem occurring during the delivery. Within the territory of the European Union, the Service Provider delivers the products ordered at the Online Store to the address provided by the User upon placing the order. The cost of delivery depends on the selected product, and it will be calculated individually for each order. The Service Provider shall make all effort to comply with the delivery deadlines indicated at the Website and the orders. The Service Provider shall not be liable for any delay or any loss of package which occurs during the delivery, and which is caused by an external third person or caused by the User, or which is a result of an unforeseeable and unavoidable reason.
If you request a delivery when you place your order, please check the condition of each item upon receipt, the other accessories contained by the package, and the correctness of the data indicated at the invoice. If you observe any difference, you may send the package back to the address of the Service Provider. Please inform our customer service on your observations, so we can remedy the error as soon as possible.
If the colleague of the courier service is not able to deliver the package to the receiver, it will be delivered to the local post, where it may be received. If the receipt does not take place, the package will be returned, and the order of the User will be deleted.
15. The right for cancellation of the User, exercising such right, consequences of exercising
The User, considered as a consumer, shall be entitled to cancel the contract within 14 days without justification.
The User shall be entitled to exercise its right for cancellation prescribed by Subsection (1) of Section 20 of the Decree, in case of a contract for the sale and purchase of product, within fourteen days from the day when the consumer,
a) or a third person designated by the consumer and different from the courier, receives
aa) the product;
ab) the product served for the last time, if the certain products are served on different dates, and in case of the sale and purchase of more products;
ac) the item or piece served for the last time, if the product contains more items or pieces;
ad) the product served for the first time, if the product must be served regularly during a given period.
The right for cancellation may be exercised within fourteen days from the conclusion of the contract.
The right for cancellation may also be exercised in case of personal delivery. The User may exercise its right for cancellation by using the declaration sample provided by the Service Provider, or by the means of a clear declaration addressed to the Service Provider. The User may inform the Service Provider on its declaration by using the phone number, postal address or email address indicated among the data of the Service Provider. In case of exercising the right for cancellation, the User shall bear the costs of returning the product. The User shall not be required to bear any further cost in connection with the cancellation.
In accordance with the applicable statutory provisions, the amount paid by the User shall be fully returned to the User immediately, but no later than 14 days following the cancellation. Unless a different method of payment is requested by the User, the Service Provider shall return the amount to the User via bank transfer, which required to provide the data necessary to complete the bank transfer.
The User shall not be entitled to exercise its right for cancellation prescribed by Subsection (1) of Section 29 of the Decree
- in case of a contract for providing a service, following the completion of the complete service, provided that the contractor has started to provide the service with the explicit prior consent of the consumer, and the consumer has understood that it shall no longer be entitled to exercise its right for cancellation following the completion of the complete service;
- regarding any product or service whose price or fee depends on the possible fluctuation of the financial market during the deadline prescribed by Subsection (2) of Section 20 and beyond the control of the financial business;
- in case of any not pre-fabricated product which has been prepared according to the instructions or the explicit request of the consumer, or in case of any product which has been obviously prepared according to the specific needs of the consumer;
- regarding perishable goods or goods with a short date of expiry;
- regarding products which sealed packages which cannot be returned after opening the package due to health protection or hygienic reasons;
- regarding products which are inevitably mixed with other products after opening due to their nature;
- regarding alcoholic drinks whose actual value depends on market fluctuations beyond the control of the business, and whose price has been agreed on during the conclusion of the sale and purchase contract, provided that the contract will only be completed in more than thirty days following the conclusion;
- in case of a business agreement where the business contacts the consumer on the basis of the explicit request of the consumer in order to perform emergency repair or maintenance tasks;
- regarding the handover of voice and video recordings and computer software pieces in closed packages, provided that the consumer has opened the package following the handover;
- regarding papers, newspapers or periodical papers, except for contracts of subscription;
- in case of contracts concluded at public auctions;
- in case of a contract for providing accommodation (except for residential services), delivery, vehicle leasing, catering, or a contact for providing a service related to free time activity, provided that a specific day or deadline for completion has been prescribed by the contract;
- regarding digital data content provided at non-material media, provided that the business has started the performance with the explicit prior consent of the consumer, and the consumer has made a subsequent declaration on understanding that it shall no longer be entitled to exercise its right for cancellation according to Section 20 after starting the performance.
The provisions of the present Point shall only apply in case of a User (consumer) concluding a contract for a purpose outside the scope of any economic or profession activity.
16. Warranty and guarantee
You may receive information here on the guarantee for defects liability, guarantee for merchantability and warranty applicable regarding the products sold by the Service Provider.
The information published at the Website are published in a good faith, however they are only given for information, the Service Provider shall not be liable for the accuracy and correctness of such information.
The User shall only use the Website at its own risk, and it accepts that the Service Provider shall not be liable for any material and non-material damage resulting from such use.
The Service Provider excludes any liability for the behavior conducted by the users of the Website. The User shall be completely and exclusively liable for its own behavior, and in such cases, the Service Provider shall provide full cooperation for the authorities to investigate the breaches.
The pages of the service may contain connection points (links) pointing at pages of other service providers. The Service Provider shall not be liable for the data processing practice and other activities of such service providers.
The Service Provider shall be entitled to, but shall not be obliged to, check any content made available by the User while using the Website, and the Service Provider shall be entitled to, but shall not be obliged to, check for signs of illegal activity regarding the content made available.
If any activity in connection with the use of the Website is not allowed by the legislation of the state of the User, the liability of use shall be borne exclusively by the User.
The content of the Website shall only be republished or stored in a database with the prior written consent of AVX Kft. The substantive and formal components of the Website shall not be used in a modified manner, even after having the consent for publication. Links to other internet content may be placed at any part of the Website without requesting a prior consent. In case of any circumstance unworthy of our Website, we may request to terminate the linking anytime. The Service Provider shall not be liable for any consequence resulting from the use of the information published at the website. AVX Kft. shall be entitled to dispose the copyright of site www.avxcafe.com.
19. Conditions of use
The Service Provider shall not be liable for the suspension of the website for any reason, neither for the visitors or the Users, for the complete termination or the operation of the website, for any damages resulting from the modifications, for any failure resulting from a reason beyond the control of it, and for the material and non-material damage suffered by the User as a result of using the services. In case of any breach in connection with the service, the Service Provider shall cooperate with the authorities for the sake of the prosecution of the persons committing the breach, within the framework required by statutory provisions. The User shall bear any risk and liability in connection with the use of the service, including, inter alia, the risk of damages and other losses caused to the computer of the User by harmful content (e.g. viruses or worms) made accessible or available via the service by other users, for any damage caused to the User while using the service, and for any damage caused to others.
20. Settlement of Debates
Possible enforcement of rights:
Buyer’s customer service (Customer Service) Address: Budapesti út 4., Szeged 6728, Hungary
Opening hours of face-to-face customer service: 8:00 am - 4:00 pm on business days
Telephone number: +36 20/250-3120
Telephone customer service: Until 4:00 pm on business days
Mandatory response time for inquiries received by email: 2 business days
If the User notices that its consumer rights are violated, it shall be entitled to make a complaint at the consumer protection authority competent according to its address. After the assessment of the complaint, the authority will decide on the consumer protection proceeding. The Parties shall make
every effort to settle the debates in connection with the services of the Website in a peaceful manner. For the sake of the peaceful, out-of-court settlement of any legal debate in connection with the quality and security of the products, the application of rules on product liability, and the conclusion and completion of the contract, the User may initiate a proceeding at the arbitration board working at the professional chamber competent according to the address of the User.
The User shall be entitled to enforce any claim arising from a consumer legal debate by the means of a civil proceeding at the court with jurisdiction and competence in accordance with Act III of 1952 on the Code of Civil Procedure of Hungary.
Any legal debate arising between the Service Provider and the User in connection with the use of the Website and the Online Store shall be governed by Hungarian law.