TERMS OF SERVICE

 

1. WEB STORE, CONTRACTING PARTIES

1.1 The Web Store ("Web Store") is the MONTEEN Korlátolt Felelősségű Társaság (headquarters: 4200 Hajdúszoboszló, Fehér utca 12; Company registration number: 09-09-034615; company register: Debrecen Törvényszék; tax number: 32145227-2-09; phone number: +36 30 438 8962, email address: info@monteen.eu, website: https://www.monteen.eu (hereinafter: Website) for the purpose of selling products via the Internet.

1.2 Data of the hosting provider:

Shopify International Ltd. (head office: Haddington Road, 2nd Floor 1-2 Victoria Buildings, Dublin 4, D04 XN32, Ireland, email: support@shopify.com)

1.3 The operation of the Online Store is considered an electronic commercial service. The terms and conditions for using the Webstore, as well as the rights and obligations of MONTEEN Kft. and the Customers, are determined by these General Terms and Conditions ("T&Cs").

2. REGISTRATION

2.1 Only registered customers (hereinafter: Customers) can order products from the Web Store.

2.2 The Online Store can be registered on the Website, for which the Customer must provide the following information: name, e-mail address. After registration, the Buyer's personal account will be created immediately.

2.3 The Customer may change the data provided during registration at any time.

2.4 The Customer may delete his personal account at any time. MONTEEN Kft. will send a confirmation to the e-mail address provided by the Customer within one working day.

3. PRODUCTS AND PRICES SHOWN IN THE WEB STORE

3.1 The Customer can order the products included in the current product range of the Web Store (hereinafter: Product or Products) from MONTEEN Kft.

3.2 The essential characteristics, article number, and brief description of the Products are indicated.

3.3 In addition to the Products, the gross price valid at the given time is also included, which is considered the final consumer price. The prices do not include the cost of delivery.

3.4 In the case of Products sold with a discount, the fact of the discount is indicated. The detailed description of the Products includes the original gross price.

3.5 MONTEEN Kft. reserves the right to change the prices of the Products with the fact that the price change becomes effective at the same time as it appears in the Webstore. The price change does not affect the price of Products ordered before the entry into force.

3.6 If, despite all the care taken by MONTEEN Kft., an incorrect price is displayed on the Webstore, in particular with regard to the obviously incorrect price, such as the price of 0 EUR or 1 EUR, which is significantly different from the well-known, generally accepted or estimated price of the Product, or which may appear due to a system error , then MONTEEN Kft. is not obliged to deliver the Product at an incorrect price, but is entitled to offer delivery at the correct price. Knowing the correct price, within 14 (fourteen) days from becoming aware of the correct price, the Buyer may withdraw from the purchase or purchase the Product.

3.7 MONTEEN Kft. regularly updates the images depicting the Products in the Webstore, however, it may happen that their current appearance and packaging differ from the packaging shown in the Webstore. MONTEEN Kft. assumes no responsibility for external deviations of this nature.

4. ORDER PROCESS

4.1 The Buyer can select the Products to be ordered and determine their quantity by using the appropriate interfaces of the Online Store (hereinafter: Ordered Products). During the order, it is possible to view and modify the duration of the basket. You can proceed to the ordering interface by clicking the CONTINUATION TO CASH button from the basket.

Data required for ordering:

• In the case of an individual purchase: Delivery and billing data: name; postal code; settlement; Street Address. Contact details of the ordering person: name; telephone number; e-mail address
• In the case of a corporate end-user purchase: Delivery and invoicing data: company name; postal code; settlement; Street Address. Contact details of the ordering person: name; telephone number; e-mail address

After placing the Product in the cart, the shipping cost of the Ordered Products will be displayed in addition to the total price of the Products.

4.2 Delivery of the Ordered Products is possible in Hungary. During the order process, the Buyer must provide the delivery address at which he wishes to receive the Ordered Products. Only one delivery address can be entered per order.

4.3 In connection with the delivery of the Ordered Products, the Buyer, as the person entitled to receive them, may specify individual requirements regarding the time and method of delivery in addition to the delivery address. MONTEEN Kft. forwards these requests to the delivery courier service, but assumes no responsibility for their fulfillment.

4.4 The Buyer selects the payment method from the following options: Stripe online bank card payment, payment via PayPal, cash on delivery.

4.5 If the Buyer finds everything in order, he can send his order by pressing the "Payment and submit order" button.

The prerequisite for confirmation of the Order is that the Customer accepts the provisions of these Terms and Conditions and familiarizes himself with the Data Protection Policy of MONTEEN Kft.

By placing the Order, the Buyer acknowledges that in order to fulfill the Contract and monitor it, MONTEEN Kft. forwards the Buyer's name, the specified delivery address, the Order ID and amount, the Buyer's mobile phone number and e-mail address to the courier service .

The Customer can inform MONTEEN Kft. about any data entry errors detected after the order has been placed at the e-mail address support@monteen.eu, in which case the order data will be modified according to the request.

4.6 MONTEEN Kft. will immediately send a confirmation e-mail about the finalization of the Order to the e-mail address provided by the Customer. This e-mail contains the unique identifier of the Order. If the electronic confirmation does not take place within 48 hours, the Buyer is not bound by his order and is not obliged to accept the delivered product.

The confirmation e-mail is also considered acceptance of the Order, which becomes effective according to the provisions of clauses 4.7 and 5.1. The confirmation e-mail contains the text of the information for Buyers.

4.7 If the Customer has placed the Order and received a confirmation of this by e-mail on a working day, the Customer still has the option to cancel the Order on the same working day from 8:00 a.m. to 4:00 p.m. The Customer can initiate the cancellation of the Order by calling +36 30 438 8962, by simultaneously entering the Order ID. The Buyer will also receive a confirmation e-mail about the acceptance of the cancellation of the Order within 1 (one) hour after the phone call at the latest.

4.8 In the case of payment by credit card, it is not possible to cancel the Order according to point 4.7, but the customer can exercise his right of withdrawal in accordance with point 8.

5. CREATION AND CHARACTERISTICS OF THE CONTRACT

5.1 If the Order has not been withdrawn in accordance with point 4.7, the written confirmation specified in point 4.6 becomes effective and a contract (hereinafter: Contract) is created between the Customer as the customer and MONTEEN Kft. as the supplier regarding the Ordered Products. On the basis of the Contract, MONTEEN Kft. sells the Ordered Products to the Buyer and arranges their delivery to the delivery address specified by the Buyer, and the Buyer is obliged to receive the Ordered Products, pay the purchase price and the shipping costs. The obligations contained in this clause cease upon completion of the given service.

5.2 The Agreement is valid for a fixed period of time and is terminated if the obligations specified in point 5.1 as well as other obligations arising from the Agreement cease and none of the parties exercise their right of withdrawal. The Agreement shall be terminated if either party exercises its right of withdrawal in accordance with the provisions of the Agreement. Termination or termination of the Agreement does not affect warranty claims arising from the Agreement for accessories and products, as well as in the cases regulated in point 10.1.

5.3 The Buyer is obliged to pay the shipping cost of the Ordered Products in accordance with the provisions of point 7.

5.4 The Contract is considered to be a contract concluded between absent parties in the Hungarian language.

5.5 The Agreement is not considered to be in writing and is not filed.

5.6 General deadline: within 5 working days from confirmation. If MONTEEN Kft. and the Customer have not agreed on the date of performance, MONTEEN Kft. is obliged to perform the performance in accordance with the contract at the time or within the time specified in the Customer's notice, or, in the absence of a notice, no later than thirty days from the receipt of the order at MONTEEN Kft. .

5.7 If MONTEEN Kft. does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to inform the Customer of this without delay, and to refund the amount paid by the Customer immediately, but within thirty days at the latest. Fulfilling this obligation does not exempt MONTEEN Kft. from other consequences of breach of contract.

6. DELIVERY AND ACCEPTANCE OF THE ORDERED PRODUCTS

6.1 MONTEEN Kft. delivers the Ordered Products with the help of a courier service to the delivery address specified by the Customer.

6.2 At 4:00 p.m. each working day, the Orders received on the previous working day are aggregated and based on this, the Package(s) containing the Ordered Products ("Package") are compiled for each Order.

6.3 We hand over the prepared Package to the courier service between 17:00 and 18:00. The courier service will attempt to deliver to the delivery address specified by the Customer within 2 working days after the day of receipt.

6.4 In the case of home delivery, in addition to the person designated as the recipient, relatives living in the same household as the recipient are entitled to receive the Package, and in their absence, the neighbors of the person designated as the recipient are also entitled to receive the Package. If the name of the company is indicated on the delivery address, then in addition to the company's executive officer, a person present at the company's headquarters or premises who can confirm the fact of receipt by signing and using a company stamp is considered to be another authorized recipient.

6.5 During home delivery, the courier service will attempt to deliver the Package a maximum of two times. If the delivery of the Package fails a second time, the Package will be returned to MONTEEN Kft. MONTEEN Kft. will charge the return shipping fee to the Buyer. In this case, the Buyer can request the repeated delivery of the Package at the email address support@monteen.eu. MONTEEN Kft. will only restart the delivery of the Package after paying the return shipping fee. After unsuccessful delivery of the Package, MONTEEN Kft. is entitled to withdraw from the Contract at its option.

7. PAYMENT FOR THE ORDERED PRODUCTS

7.1 The Buyer can settle the purchase price of the Ordered Products and the shipping cost by paying cash on delivery, via the PayPal system or by online bank card payment.

7.2. In the case of payment upon collection, the payment is made upon receipt of the Package. In the case of home delivery, the Buyer can also pay the purchase price and delivery costs of the Product by bank card. The collected amount is delivered to the Webshop by the Courier Service.

MONTEEN Kft. pays the costs incurred in the case of cash on delivery payment.

7.3. By paying online by bank card, the Customer can shop comfortably and safely in our store. After ordering the selected Products, the Buyer will be redirected to the Stripe payment page, where he can pay with his bank card through the most secure, encrypted transaction currently available. All the Customer has to do is to click on "Bank card payment" when selecting the payment method, then enter the card number, expiration date and the verification code (CVC/CVV) on the back of the card on the Bank's payment server. The Bank accepts embossed VISA and Mastercard, Visa Electron (depending on the decision of the bank issuing the card), as well as Maestro cards for which a verification code (CVC) has been issued. If this is not available on your Maestro bank card, please contact your bank.

Bank cards issued exclusively for electronic use can only be accepted if their use is permitted by the bank issuing the card! Please check with your bank whether your card can be used for online purchases.

7.4 Payment with PayPal: PayPal is available to customers in more than 200 countries as a simple and secure payment method.

PayPal has many advantages that make shopping easier and faster, while keeping your financial information safe:

• One email, one password. That's all you need to pay through PayPal. And the bank card can stay in your wallet.
• It is not necessary to transfer money to the PayPal account for payment. It is enough to assign your bank card to your PayPal account, in fact, you only need to do this once, at the beginning.
• PayPal is a globally recognized payment method, the guarantee of secure transactions, with which you can pay the price of products online in 26 different currencies.

If you already have a PayPal account, you must enter the e-mail address and password you provided during registration for payment. The amount can be settled with the bank card associated with your account.

If you do not have a PayPal registration, further information and PayPal registration  are available at : www.paypal.com – in Hungarian – page. After registration, you can use PayPal's payment system to settle the amount of your purchase with a PayPal account. Paypal does not share your bank card details with us.

You can access PayPal's data protection information at this link : https://www.paypal.com/hu/legalhub/privacy-full

8. SUBMISSION OF THE BUYER

8.1 Pursuant to Section 8 (3) Point 1 of the Civil Code, the Buyer who is considered a consumer has the right to withdraw from the Contract without giving any reason within 14 (fourteen) days of receiving the Package. The provisions of the Civil Code govern the right of withdrawal of a Buyer who is not a consumer.

8.2 However, it is not possible to withdraw without reason in the following cases, according to Act No. 45/2014 on the detailed rules of contracts between the consumer and the company. (II.26.) Pursuant to § 29 of Government Decree:

b) with respect to a product or service whose price or fee depends on the possible fluctuation of the financial market, even within the time limit specified in § 20, paragraph (2), which cannot be influenced by the company;

c) in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;

i) with regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;

m) with regard to digital data content provided on a non-physical data carrier, if the business has begun performance with the express, prior consent of the consumer, and at the same time as this consent, the consumer has declared that he/she will lose his/her right under § 20 after the performance has begun.

n)  in the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer. (Currently, this point applies to all wallets with individual pictures in our online store.)

8.3 If the Customer withdraws from the Contract in accordance with point 8.1, the Ordered Product must be repackaged in an undamaged and complete condition and sent back to the address 4200 Hajdúszoboszló, Fehér utca 12.

8.4 The Buyer may exercise his right of withdrawal in writing, in the form of a declaration of withdrawal. Therefore, when returning or returning the Ordered Product in accordance with point 8.3, you must attach the declaration of withdrawal. The Customer can also send the cancellation statement directly to MONTEEN Kft. by e-mail to the e-mail address support@monteen.eu, in which case it is not necessary to attach the cancellation statement to the Ordered Product. In the declaration of withdrawal, the Buyer must indicate which Ordered Product he wishes to exercise his right of withdrawal, and must also indicate his name, address, the date of the Order, the date of his declaration, and the unique identifier of the Order. If the unique identifier of the Order is not available to the Buyer, it is necessary to indicate other data suitable for identifying the Order in the cancellation statement. 45/2014 on the detailed rules of contracts between the consumer and the company. (II. 26.) Government Decree No. 2 it can also be exercised based on the sample declaration according to the attachment, but in this case also the unique identifier of the Order must be indicated (in the absence of this, other data suitable for the identification of the Order).

8.5 In the event of cancellation by the Buyer, the cost of returning the Ordered Products to MONTEEN Kft. (including, in particular, postal fees) shall be borne by the Buyer. MONTEEN Kft. will refund the purchase price and shipping costs to the Buyer by bank transfer without delay, but no later than within 14 (fourteen) days after receiving the cancellation statement and the returned product. MONTEEN Kft. can withhold the amount of the refund until the Ordered Product is returned, or the Customer has not proven creditworthy that it has been returned; MONTEEN Kft. takes into account the earlier of the two dates.

8.6 If the Buyer provides his bank account number, the name of the bank managing the account and requests a bank transfer of the paid purchase price in his withdrawal statement, MONTEEN Kft. will refund the paid purchase price within 14 (fourteen) days after receiving the withdrawal statement and the returned product.

9. ACCESSORIES WARRANTY, PRODUCT WARRANTY

9.1 In the event of defective performance by MONTEEN Kft., the Customer may assert a warranty claim for accessories in accordance with the rules of the Civil Code.

9.2 When asserting a warranty claim, the Purchaser must prove the conclusion of the Contract. The conclusion of the Contract shall be considered proven if the Buyer presents a document certifying the payment of the consideration.

9.3 MONTEEN Kft. is obliged to take a record of the warranty claim reported by the Customer, in which it records

• the. the name and address of the Buyer, as well as a statement that he consents to the processing of his data recorded in the protocol in accordance with the regulations,
• b. the name of the Ordered Product, the purchase price,
• c. the date of performance of the Contract by MONTEEN Kft.,
• d. the date of notification of the error,
• e. description of the error,
• f. on the basis of his warranty claim, the right that the Buyer wishes to assert, furthermore
• g. with the exception of the case according to point 9.8, the method of settlement of the warranty claim or the reason for rejecting the claim or the right to be asserted based on it.

9.4 If MONTEEN Kft. fulfills its warranty obligation in a way that is different from the right that the Customer wishes to assert, it shall state the reason for this in the protocol.

9.5 MONTEEN Kft. will make a copy of the protocol available to the Customer immediately and in a verifiable manner.

9.6 If MONTEEN Kft. is unable to comment on the fulfillment of the Customer's warranty claim upon notification, it will notify the Customer of its position within 5 (five) working days in a verifiable manner.

9.7 MONTEEN Kft. strives to carry out the repair or replacement within a maximum of 15 (fifteen) days.

9.8 MONTEEN Kft. takes over the Ordered Product for repair or in the case of clause 9.6 in order to verify the fulfillment of the warranty claim against a receipt stating:

• the. the name and address of the Buyer,
• b. data necessary to identify the Ordered Product,
• c. the date of receipt of the Ordered Product, furthermore
• d. the time when the Buyer can receive the corrected Ordered Product.

The provisions of point 9.8 can also be fulfilled by MONTEEN Kft. in the record of the warranty claim.

9.9 The Buyer may - at his option - use the following accessory warranty claims. You may request the repair or replacement of the Ordered Product, unless the fulfillment of the request chosen by the Customer is impossible or would involve disproportionate additional costs for MONTEEN Kft. compared to the fulfillment of another request. If the Customer does not request, or cannot request, the repair or replacement, he may request a proportional delivery of the compensation or the Customer may repair the defect in the Ordered Product at the expense of MONTEEN Kft. The Purchaser may transfer from the selected accessory warranty right to another, but the cost of the transfer shall be borne by the Purchaser, unless it was justified or provided by MONTEEN Kft.

9.10 The Customer is obliged to report the defects immediately after their discovery, but no later than within 2 (two) months from the discovery of the defect. Beyond the 2 (one) year statute of limitations from the date of execution of the Contract, the Buyer may no longer assert its accessory warranty rights.

9.11 Within 6 (six) months from the date of delivery, there are no other conditions for validating the accessory warranty claim, apart from the notification of the defect, if the Customer proves that the product was purchased from MONTEEN Kft. After six months from the date of performance, however, the Buyer is obliged to prove that the defect he recognized was already present at the time of performance.

9.12 As a product warranty claim, the Buyer may only request the repair or replacement of the defective Ordered Product from MONTEEN Kft. The Ordered Product is defective if it does not meet the quality requirements in force at the time of placing it on the market or if it does not have the properties listed in the description provided by MONTEEN Kft. The Buyer bears the burden of proving the fault of the Ordered Product.

9.13 The Buyer may enforce his product warranty claim within 1 (one) year from the date of placing the Ordered Product on the market by the manufacturer, which deadline shall be void.

9.14 MONTEEN Kft. (manufacturer) is exempt from product warranty claims if it proves that: a. the Ordered Product was not manufactured or marketed as part of its business activities, or b. the defect was undetectable according to the state of science and technology at the time of placing it on the market, or c. The defect in the Ordered Product results from the application of legislation or mandatory official regulations.

9.15 For MONTEEN Kft. (manufacturer) to be exempt, it is sufficient to prove one of the reasons contained in point 9.14.

9.16 The Buyer may not assert an accessory warranty claim and a product warranty claim at the same time, parallel to each other, due to the same defect. However, in the case of a successful enforcement of a product warranty claim, the Buyer may enforce the accessory warranty claim for the replaced Ordered Product or repaired part against the manufacturer.

10. INFORMATION, COMPLAINTS, COMPLAINT HANDLING

10.1 The Customer can contact MONTEEN Kft. with questions and possible complaints regarding the operation of the Online Store, Orders, at the following contact details:

• the. mailing address: Fehér utca 12, 4200 Hajdúszoboszló.
• b. email address: support@monteen.eu
• c. phone number: +36 30 438 8962
• d. website contact interface

10.2 MONTEEN Kft. can be reached by phone on working days between 9 a.m. and 5 p.m.

10.3 Complaints made over the phone will be investigated by MONTEEN Kft. immediately and then remedied as necessary and to the extent possible.

10.4 If the Customer does not agree with the handling of the complaint or it is not possible for MONTEEN Kft. to immediately investigate the complaint, MONTEEN Kft. will immediately record the complaint and its position on it. MONTEEN Kft. will send a copy of the protocol to the Customer attached to the substantive response according to point 10.6 at the latest.

10.5 MONTEEN Kft. assigns a unique identifier to complaints made by telephone and e-mail.

10.6 MONTEEN Kft. shall respond in substance to complaints made orally by the Customer or not handled satisfactorily by MONTEEN Kft. in the Customer's opinion, as well as written complaints within 30 (thirty) days of their receipt.

10.7 If the Customer wishes to initiate the procedure of an authority or a conciliation body with his complaint, depending on the nature of the case, he has the opportunity to do so with the following bodies:

the. Hajdú-Bihar County Government Office Consumer Protection Department

Postal address: 4024 Debrecen, Kossuth utca 12.-14.

Phone number: 06-52/533-924

Email: fogyasztovedelem@hajdu.gov.hu

b. Hajdú - Bihar County Conciliation Board

Address: 4025 Debrecen, Vörösmarty u. 13. -15.

Phone: 06 52-500-710

Email: bekelteto@hbkik.hu

c. European Consumer Center - Ministry of Justice

Address: 1357 Budapest, Pf.2.

Email: info@magyarefk.hu

Phone: 06 1 896 7747

11, COPYRIGHT

11.1. The Website is protected by copyright.

The Service Provider is the copyright holder or the authorized user of all content displayed on the Website, as well as during the provision of services available through the Website: any author's work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Website interface, the used software and other solutions, ideas, implementation).

11.2. Saving or printing the content of the Website and some parts of it on a physical or other data medium for private use or with the prior written consent of the Service Provider is permitted.

Use beyond private use - for example, storage in a database, transmission, publication or download, commercialization - is only possible with the prior written permission of the Service Provider.

11.3. In addition to the rights specifically defined in these Terms and Conditions, registration, use of the Website, and no provision of the Terms and Conditions grant the Customer the right to any use or exploitation of any trade name or trademark on the Website.

In addition to the display associated with the intended use of the Website, the necessary temporary duplication and the making of copies for private purposes, these intellectual works may not be used or utilized in any other form without the prior written permission of the Service Provider.

The sources of the images in the " OUR CUSTOMERS " section are as follows:

- Gábor Hárspataki - Source: ORIGO, Photo: ATTILA POLYÁK

- Vadnai Benjamin - Source: hajozas.hu

- Bence Bánhidi - Source: TT NEWS AGENCY/AFP, Photo: Andreas HILLERGREN

- Gergely Kiss - Source: infostart.hu

12. MISCELLANEOUS PROVISIONS

12.1 The provisions of the following laws shall be applied accordingly in matters not expressly settled in these GTC:

Act V of 2013 on the Civil Code on certain issues of electronic commercial services and services related to the information society Act CVIII of 2001 law;

CLV of 1997 on consumer protection. Act, 45/2014 on the detailed rules of contracts between the consumer and the business. (II. 26.) Government Decree 151/2003 on the mandatory warranty for certain consumer durables. (IX. 22.) Government Decree 19/2014. (IV. 29.) NGM Decree on the procedural rules for managing warranty and guarantee claims for items sold under a contract between a consumer and a business

12.2 The Privacy Policy of MONTEEN Kft.'s online store  (https://www.monteen.eu/pages/privacy-policy), the contents of which the Customer learned about and acknowledged during registration, forms an integral part of the General Terms and Conditions.