TERM OF USE
- Order
By ordering a textile, client has the right to get the exact amout from the material what he ordered. After shipping started, customer have the right to get a tracking number connected to the package, to follow the route of it.
- Usage of textiles
For the materials dry cleaning is the advised cleaning methold. Kazar Bazar could not take responsibility for damaged materials what comes from other means of cleaning metholds. Especially washing out materials with washing machine in high temperature water. For advised metholds of initiating and cleaning the materials Kazar Bazar can provide suggestions.
- Custom orders
Custom orders is usally for products what are customized by the requirements of the customer. In the planning and measuring procedure please take care to give us the punctual and accurate measures. It is really important to see that we are working according to these measures what are well define the later utility of the product.
- Communication
Do not be shy to ask. We have resolutions to a lot of matters. And we are not shy to say no if we does not. We oprate with a lots of custom products as well. For these the most important parts are the common planning, the communication, and the communication and also the communication.
- Feedback
We are really keen to hear about your feedback in connection with our products. If these are good, we take it gladly, and we are happy together. But that is also really important to give us feedback if there was a mistake, the product was not realized the customer’s idea. Because in most of the cases we could find a solution to the matter, and it is really important to us to learn from our mistakes.
General Terms and Conditions
The current General Terms and Conditions (hereinafter referred to as: Terms) describe the rights and obligations of Kazar Bazar - Mestellér János sole entrepreneur (hereinafter referred to as: Service Provider) and the rights and obligations of Client (hereinafter referred to as: Client) using the electronic commerce services of Service Provider according to Act CVIII. of 2001. (hereinafter: Hungarian E-Commerce Act.) through Service Provider’s website www.kazarbazar.com (hereinafter: Website)
The purpose of the Website operated by the Service Provider is to sell products (hereinafter referred to as: “product” or “products”), which can be ordered from the Website, on a commercial basis in accordance with the current Terms.
The current Terms shall be applied to all contracts and services which are made through the Website or referring to the Website between the Service Provider and the Client (hereinafter referred to as: Parties), irrespective of whether the delivery of such services were provided from Hungary or from abroad, by the Service Provider or any other collaborator. In case the Client acts during the transaction as a representative of a legal person or as a sole proprietor, then by accepting this Terms he/she declares that he/she makes this agreement in connection whit his/her profession, self-employment or business activity, therefore isn’t qualified as consumer in accordance with Act V. of 2013. of the Civil Code (hereinafter referred to as: Hungarian Civil Code) 8:1. § (1) paragraph, item 3. or Act CLV. of 1997. (hereinafter: Hungarian Consumer Protection Act) item 2. § a. On the other hand in case the Client is considered as a consumer according to the Hungarian Civil Code or the Hungarian Consumer Protection Act, then information on the Client’s consumer rights and obligations resulting from the transaction is made available by Service Provider in the Consumer Protection Information as a part of the present General Terms and Conditions.
1. DATA OF THE SERVICE PROVIDER
Name: Mestellér János
Registered Seat: 2765 Romhány, Kossuth út 105.
Registration Number: 54981209
Tax Number: 76823600-1-32 / HU76823600
Phone Number: +36309535574
E-mail Address: caravan@kazarbazar.com
and
Name: Mestellér-Sarka Bernadett
Registered Seat: 2765 Romhány, Kossuth út 105.
Registration Number: 57507493
Tax Number: 59466196-1-32 / HU59466196
Phone Number: +36309535574
E-mail Address: caravan@kazarbazar.com
1. GENERAL PROVISIONS
1.1. The Client shall fill out all the obligatory fields in the purchase order before sending it to the Service Provider. This will serve as a written contract between the parties, in English language. If the Service Provider makes a version of this Terms in any other language besides English, the Terms shall be governed by the English version.
1.2. By sending the purchase order, the Client declares to acknowledge and accept the provisions and conditions stated in this Terms and in the Privacy Policy published on the Website.
1.3. Service Provider shall not be liable for consequences (errors or damage, for example not reaching the activator code) resulting from inaccurate or incomplete information provided by Client. At any time Service Provider has the right to verify via e-mail (through the e-mail address provided in the company register or in other official document) or via verifying programs (Opten, Bisnode) whether for example the person sending the order is entitled to represent the Client. Based on the result of the verification process the Service Provider is entitled to change the conditions of the service, or to deny fulfilling the purchase order. The Service Provider bears no responsibility for any damages for reasons not attributable to the Service Provider (for example, if the Client forgets the e-mail address or if this address becomes available to third parties). The Service Provider manages every order as an individual Client. No liability shall arise on behalf of the Service Provider for damages and errors caused by changes in the data provided by Client.
1.4. Maintaining the confidentiality of user data shall be the exclusive responsibility of the Client. Should the Client becomes aware of an unauthorized third party having access to its e-mail address, it shall notify the Service Provider immediately.
1.5. Client – when it’s necessary – agrees to update the personal data provided during the ordering process in order for those to be accurate, complete, and current. Such updates shall be sent by Client via e-mail. Any extra costs resulting from the failure of sending proper updates to Service Provider on the changes of Client’s data shall be the Client’s responsibility.
2. DUTIES OF THE SERVICE PROVIDER
2.1. The duty of the Service Provider is to provide the ordered products for the Client in accordance with these Terms. The place of performance is the registered seat of the Service Provider.
2.2. It is the Service Provider’s responsibility to provide the ordered products to the Client as defined in the contract.
2.3. If the Client provides the place of delivery for the Service Provider, the ordered products shall be delivered to the address provided. The Client shall bear all the cost relating to the delivery.
2.4. The ordered products shall be of a quality and performance that are normal in services of the same type and that the Client can reasonably expect, given the nature of the services and taking into account any public statements on the specific characteristics of the services made about them by the Service provider.
3. PAYMENT TERMS
3.1. Following the sending of the order the Client shall receive an e-mail from the Service Provider, in which the Client may choose a payment method and provide the address of delivery.
3.2. Following payment, Service Provider shall send an e-mail for the Client, which includes the verification of the order, the delivery date and the invoice. The Service Provider may deliver the ordered product for an exact date on the Clients separate claim.
3.3. The Client shall examine the ordered product at the time of the delivery and sign the dated receipt. Subsequently, the Service Provider may not accept any complaint. In case that the Clients recognizes any failure at the time of the delivery, the employee of the courier shall instantly make a record of this fact.
3.4. This requirement shall be applied to any order done by e-mail, phone, on website or in person.
4. DUTIES OF THE CLIENT
4.1. The Client is obliged to pay the purchase fee of the ordered product in accordance with the provisions of the current Terms.
4.2. Payment of the fee. Client’s duty includes all the necessary measures and the maintenance of formalities to the contract or any regulation, in particular the regulations of the Hungarian Civil Code and the Hungarian E-Commerce Act to ensure the completeness of the payment. The Client, unless otherwise agreed between the Parties or determined within this Terms, shall complete the payment before the Service Provider provides the ordered product to the Client in accordance with this Terms.
4.3. Long time regular Clients of the Service Provider may depart from the current Terms on the basis of a separate agreement to claim a complementary copy from the Service Provider.
5. TERMS OF ORDERING
5.1. The characteristics of the products are described in a specific information site.
5.2. The purchase fee of the products is published in EUR in a manner that contains VAT. In any case that the language of the Website changes, purchase fees shall be published in EUR as well.
5.3. It is not necessary to register on the Website for the ordering of the products. The Clients may select the products he or she intends to order by clicking the CART (list that collects all the orders of the Client) button. The Client may modify the content of the Consumer Basket at any time. For the finalization of the order, the Client shall provide his or her data of invoice and delivery. Prior sending the order, the Client has the option to check the finalized order.
5.4. To send the order, the Client has to click the ORDER button. Ordering and payment obligation is generated for the Client by the arrival of the confirmation letter sent by the Service Provider.
5.5. The Service Provider is entitled to modify the purchase fee of the products in a way that the modification is effective as of its publication on the Website. In such case, the purchase fee of the ordered products is not affected. Any obvious mistake that appears on the Website concerning the purchase fees of the products (such as 0 HUF) despite all the diligence activities of the Service Provider, the Service Provider is not obliged to perform the orders for that purchase fee, however it may offer to deliver the product for the correct purchase fee to the Client; in such case the Clients may withdraw his or her order.
5.6. The Service Provider may exclusively accept orders to which the Clients provides all the necessary data of his or her. In any obvious clerical errors during the ordering, the Website of the Service Provider instantly sends request for the Client. The Service Provider is not liable for the Client’s failure to provide punctual information concerning the order.
5.7. By the sending of the order, the Client declares to accept all the conditions of the current Terms and Conditions.
6. REPAIRING ERRORS IN DATA ENTRY
The Client has the possibility to correct any data entry error in each stage of the purchase order via e-mail.
7. ORDER OBLIGATIONS, ORDER CONFIRMATION
7.1. Following the receiving of the Client’s purchase order (contract offer) the Service Provider shall send a confirmation to the Client via e-mail which includes the relevant data concerning the purchase order. The sole purpose of this e-mail is to inform the Client about the receiving of the purchase order.
7.2. If the Client subsequently notices an error in the order data within the confirmation e-mail, he/she shall inform the Service Provider about it no later than 1 calendar day. In this case the Service Provider shall modify the purchase order according to the Client’s notice.
8. RESPONSIBILITY, APPICLABLE LAW
8.1. In case that such data gets published by mistake that infringe the Client’s rights described in article 13 of the Hungarian E-Commerce Act, Service Provider shall fulfill its obligations regarding notification and removal of such data pursuant to the Hungarian E-Commerce Act. Service Provider shall also satisfy any notice or order from court or the authorities within the time frame mandated by law.
8.2. Service Provider excludes all responsibility related to infringement implemented by the Client.
8.3. The Hungarian law is applicable to the current Terms. Owning to the possible cross-border nature of the purchase process, the Client agrees to use the Website with regard to the provisions of the relevant / applicable national law. If any actions related to using the Website is forbidden in the Client’s country, responsibility shall exclusively arise on the behalf of the Client.
8.4. If the Client takes notice of any objectionable content on the Website, he/she shall notify the Service Provider immediately. In condition that Service Provider deems such notification justified, it is entitled to delete or modify related content.
8.5. In accordance with the Hungarian law, the Service Provider bears responsibility for the proper operation of the ordered product through guarantee and warranty defined in the Consumer Protection Information. In case of a non-consumer contract the Service Provider undertakes a 6-month warranty.
8.6. Considering EK regulation 593/2008 (Rome regulation I.) article 6. paragraph (2) on law applicable to contract responsibilities, when the Client acting as a consumer has main residency at a location where the law provides higher protection to the Client than Hungarian law would, then law from Client’s main residency shall prevail.
9. INTELLECTUAL PROPERTY
9.1. The Website, it’s image, text content and structural buildup carries a specific and original character, therefore it is protected by copyright law. The Service Provider is the copyright holder of the content presented on the Website: any author creation or other intellectual property. The Service Provider holds the exclusive right to use or to give permission to use the Website or any of its identifiable part in material or immaterial form. The Service Provider reserves exclusive right to the commercial use and right to grant permission to such use of the Website’s distinctive original design.
9.2. Copying the content of the Website, saving the whole or parts physically or on other electronic medium or printing is exclusively permitted if the Service Provider permits it in written form. The Service Provider’s permission is required for using the Website’s particular title.
9.3. In addition to the rights set out in the current Terms neither the registration, the usage of the Website, nor any provisions of the current Terms confer any right on Clients to use and make use of any trade names or trademarks included on the Website. The use is considered unauthorised in particular when the law or the entitled person does not permit it in contract, or if the user uses the product beyond the limits of authorization.
9.4. Distorting or any modification of the Website or any misuse in connection with the Website which unduly prejudice to good reputation or honor infringes the individual rights of the Service Provider.
9.5. Hereinafter the provisions of Act LXXVI of 1999 on copyright (Hungarian Copyright act) are relevant in other copyright issues related to the Website.
10. OTHER PROVISIONS
10.1. The Service Provider is entitled to change the current Term’s conditions unilaterally with a prospective scope. The Service Provider shall inform the Clients about the changes through the Website. The precondition to use the Website following an amendment requires the Client to expressly accept these modifications through the Website. In the event of new terms, previous Clients may not cite the earlier version of the Terms as the established and consistent contractual practice between the parties even if they were not informed from the above changes.
10.2. In any issues not governed by the current Terms, the rules of the Hungarian law, in particular the Civil Code, the E-Commerce Act, and Act C of 2003 on electronic communications shall be applied.
Date of entry into force: 2023. 03. 23.
Internet link to the current Terms: https://kazarbazar.com/term-of-use
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Mestellér János |
Consumer protection information on the basis of Government Decree 45/2014 (II.26.)
The rights and obligations of the current Terms shall apply to you if you entered into a contract with the entrepreneur as laid down in this report. ‘Consumer’ means any natural person who is acting for purposes other than his trade, business, craft or profession according to Act V. of 2013 on the Civil Code (Ptk.) under Article 8:1 (1)(3).
1. Pre-contractual general information
a) This information report includes the essential information, conditions and information about the distance contract between Mestellér János and people at a distance.
b) Information about the main characteristics of the purchased product can be found on www.kazarbazar.com website and in the sales offer or order confirmation sent by the entrepreneur.
c) The name and other information about the Entrepreneur can be found in the General Terms and Condition that is listed together with this Consumer report.
d) Information on the full fee (with sales tax included) of the product and service described in the contract can be found in the sales offer.
e) Information on implied warranty, product warranty and commercial guarantee is included in this information report.
f) In case that Client has a customer protection claim against Mestellér János, the Client may also to turn to conciliation panel. The competent conciliation panel for Mestllér János with territorial jurisdiction is the Conciliation Panel by the Nógrád County (Nógrád Megyei Békéltető Testület) Country Court of Commerce and Industry. According to section 20 of the Hungarian Consumer Protection Act, the competent authority for the proceedings of conciliation is the conciliation panel that has territorial jurisdiction at the Client’s permanent address or residence. If the Client has no domestic address or residence then the competence of the conciliation panel shall be determined by the entrepreneur concerned in the dispute or by the body representing the entrepreneur. Alternatively, at the Client’s request a conciliation panel other than above shall be assigned.
2. . Information on the right of withdrawal / cancellation
a) You are entitled to withdraw from this contract without giving any reason within 14 days.
b) You may not exercise your right of withdrawal or termination:
- in the case of a non-prefabricated product which has been produced on your instructions or at your express request, or in the case of a product which has been clearly tailored to the consumer;
c) The withdrawal period expires 14 days after the day on which you or a third party designated by you- other than the carrier - takes over the product.
d) If you wish to exercise your right of withdrawal, you must send a clear statement of your intention to withdraw (for example by post, fax or electronic mail) to the address indicated in this report or for this purpose you can use the form of withdrawal found in section 4 of this report. In case of notifying by post, the Service Provider shall consider the date of the posting, in case of notification sent by e-mail, the Service Provider shall consider the time of sending the e-mail for the deadline calculation. In case of sending a notification by post, you are obliged to send your letter by registered mail so that the date of dispatch can be credibly proven. The Service Provider is entitled to unilaterally determine other collection points in addition to this collection point. Detailed information regarding the above mentioned shall be continuously available on the Service Provider's website. The Service Provider is obliged to maintain at least one collection point to which the products distributed by it and affected by the withdrawal initiated by you shall be returned. The Service Provider shall not be able to accept the package returned by cash on delivery.
e) Your right of withdrawal / cancellation shall be considered within the deadline if you send your notice of withdrawal / cancellation before the expiry of the deadline indicated above.
f) [service provider] does not have a code of conduct in accordance with the Act on the Prohibition of Unfair Commercial Practices against Consumers.
3. Legal effects of withdrawal / termination
a) If you withdraw from this contract, we will reimburse you immediately, but no later than 14 days after receipt of your notice of withdrawal, for any consideration paid by you, including transport costs (except for any additional costs incurred as a result of that your chosen mode of transport was other than the cheapest standard mode of transport the company has offered). We shall use the same method of payment for the refund as was the method of payment in the original transaction, unless you expressly consent to another method of payment; in this case you shall not bear any additional costs. We shall withhold the refund until we have received the product back, or you have confirmed that you have returned it: whichever is first of those two dates shall be taken into account.
b) You must return or hand over the product to [service provider]. within 14 days from the date of the notification of your notice of withdrawal. The deadline is considered to have been met if you send the product before the 14-day deadline.
c) The direct cost of returning the product is borne by you. Apart from the cost of returning the product, you will not be charged any other costs in connection with the withdrawal.
d) You can only be held liable for the amortization of the product if it has occurred as a result of excessive use apart from the normal usage that is required to determine the nature, properties and function of the product. The Service Provider may demand reimbursement of amortization and reasonable costs arising from the excessive use apart from the normal usage that is required to determine the nature, characteristics and operation of the product.
4. Implied warranty, product warranty, and warranty information
4.1. Information on implied warranty
In what case are You entitled to implied warranty?
According to the regulations of the Civil Code You may claim implied warranty against the entrepreneur in case of non-conforming performance by Kazár Bazár - Mestellér János sole entrepreneur .
What sort of rights do you have when claiming implied warranty?
You may claim the following implied warranties, at your choice:
You may request a repair or replacement, unless the claim you have chosen would be impossible to complete or compared to other claims it would be a disproportionate additional cost for the entrepreneur. If you did not request a repair or replacement, or if it was not possible, you may ask for appropriate refund or, as a last resort, you may withdraw from the contract.
You may change the chosen implied warranty right to other, however you shall bear the cost of transition, unless it was justified or the entrepreneur gave a reason.
In what time limit can you exercise your implied warranty claim?
You shall notify the entrepreneur after the discovery of the error without any delay but not later than after 2 months from discovering the error. However, it is to be noted that You cannot practice implied warranty rights after 2 years from the performance of the contract (limitation period).
Against whom may You claim implied warranty?
You may claim implied warranty against the entrepreneur (that is to say, with Kazár Bazár - Mestellér János sole entrepreneur).
What other conditions are required in order to exercise implied warranty rights?
Within six months from the performance of the contract, apart from notifying the error there are no other conditions for exercising implied warranty if You certify that the product and the service was provided by Kazár Bazár - Mestellér János sole entrepreneur. Six months after the performance You are obligated to prove that the error discovered by You existed at the date of the performance.
4.2. Product warranty
In what case are You entitled to the product warranty?
In the event of a defect in a movable property (product), you shall be entitled, based on your choice, to use your right specified in Section 3.1. or use the product warranty.
What sort of rights do you have when claiming product warranty?
As a product warranty claim, you shall only request the repair or replacement of a defective product.
In which case is the product considered defective?
A product is defective if it does not meet the quality requirements in the time of the release to the market or if it does not have the characteristics specified by the manufacturer.
In what time limit can you exercise your product warranty claim?
You can exercise your product warranty claim within two years from the release of the product to the market by the manufacturer. Upon expiry of this period, you shall loose this entitlement.
Against whom may You claim the product warranty and what other conditions are required?
You shall only make a product warranty claim against the manufacturer or distributor of the movable property. You are obliged to prove the defect of the product in the event of a product warranty claim.
In which cases is the manufacturer (distributor) released from its product warranty obligation?
The manufacturer (distributor) is only released from its product warranty obligation if he/she can prove that:
-the product was not manufactured or marketed in the course of his non - business activities, or
-the defect was not recognizable in the light of current scientific and technical knowledge at the time of releasing it to the market, or
- the defect of the product results from the application of legislation or a mandatory official regulation.
It is sufficient for the manufacturer (distributor) to prove only one reason for the exemption.
However, if your product warranty claim is successfully enforced, you shall be entitled to enforce your warranty claim against the manufacturer for the replaced product or repaired part.
For the settlement of warranty and guarantee claims the 19/2014 (IV.29.) of NGM Decree on the rules of procedure for handling warranty and guarantee claims concerning items sold under a contract concluded by and between a consumer and a company shall apply.
Form of withdrawal notice
Form of withdrawal notice based on the Government Decree 45/2014 (II.26.)
(shall be filled in and returned only in case of intention to withdraw from the contract)
Addressee:
I/We, the undersigned, declare that I/we exercise my/our right of withdrawal in respect of the sale and purchase agreement of the following product(s):
Date of the conclusion of the contract / date of receipt:
Name(s) of the consumer(s):
Address(es) of the consumer(s):
Signature(s) of the consumer(s): (appliable only on a paper notice)
Date:
