Terms and Conditions
Index:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation
and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
Article 17 - Delivery time & shipping costs Article 18 - Details of the offers, promo codes, coupons Article 19 - B2B Professional Customer Group
Article 1 - Definitions
In these terms and conditions the following definitions
apply:
Reflection
period : the period within which the consumer can make use of his
right of withdrawal;
Consumer :
the natural person who does not act in the exercise of a profession or
business and who enters into a distance contract with the entrepreneur;
Day :
calendar day;
Duration
transaction : a distance contract with regard to a series of
products and/or services, the delivery and/or purchase obligation of which
is spread over time;
Durable
data carrier : any means that enables the consumer or
entrepreneur to store information that is personally addressed to him in a
way that allows future consultation and unaltered reproduction of the
stored information.
Right of
withdrawal: the option for the consumer to waive the distance contract
within the cooling-off period;
Model
form : the model form for withdrawal that the entrepreneur makes
available that a consumer can fill in when he wants to make use of his
right of withdrawal.
Entrepreneur :
the natural or legal person who offers products and/or services to
consumers at a distance;
Distance contract:
an agreement in which, within the framework of a system organized by the
entrepreneur for the distance selling of products and/or services, up to
and including the conclusion of the agreement, exclusive use is made of
one or more techniques for distance communication;
Technique
for distance communication : means that can be used for
concluding an agreement, without the consumer and entrepreneur meeting
simultaneously in the same room.
General
Terms and Conditions : the present General Terms and Conditions
of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name of entrepreneur: Aridus Kft
Business address: Budapesti út 37., 2040 Budaors
Phone: +36202647639 [8:00 am to 5:00 pm]
Email: info@forgetmenotcolors.com
VAT identification number: HU13665094
Article 3 - Applicability
These
general terms and conditions apply to every offer from the entrepreneur
and to every distance contract and orders concluded between the
entrepreneur and consumer.
Before
the distance contract is concluded, the text of these general terms and
conditions is made available to the consumer. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated
that the general terms and conditions can be viewed at the entrepreneur
and they will be sent free of charge as soon as possible at the request of
the consumer.
If
the distance contract is concluded electronically, notwithstanding the
previous paragraph and before the distance contract is concluded, the text
of these general terms and conditions can be made available to the
consumer electronically in such a way that the consumer can can be stored
in a simple way on a durable data carrier. If this is not reasonably
possible, before the distance contract is concluded, it will be indicated
where the general terms and conditions can be consulted electronically and
that they will be sent free of charge at the request of the consumer
electronically or otherwise.
In
the event that specific product or service conditions apply in addition to
these general terms and conditions, the second and third paragraphs apply
mutatis mutandis and the consumer can always invoke the applicable
provision that is most favorable to him in the event of conflicting
general terms and conditions. is.
If
one or more provisions in these general terms and conditions are at any
time wholly or partially void or destroyed, the remainder of the agreement
and these terms and conditions will remain in force and the relevant
provision will be replaced in mutual consultation without delay by a
provision that purports to of the original as closely as possible.
Situations
that are not regulated in these general terms and conditions must be
assessed 'in the spirit' of these general terms and conditions.
Uncertainties
about the interpretation or content of one or more provisions of our terms
and conditions must be explained 'in the spirit' of these terms and
conditions.
Article 4 - The offer
If
an offer has a limited period of validity or is made subject to
conditions, this will be expressly stated in the offer.
The
offer is without obligation. The entrepreneur is entitled to change and
adjust the offer.
The
offer contains a complete and accurate description of the products and/or
services offered. The description is sufficiently detailed to allow a
proper assessment of the offer by the consumer. If the entrepreneur uses
images, these are a true representation of the products and/or services
offered. Obvious mistakes or obvious errors in the offer are not binding
on the entrepreneur.
All
images, specifications data in the offer are indicative and cannot give
rise to compensation or dissolution of the agreement.
Images
accompanying products are a true representation of the products offered.
Entrepreneur cannot guarantee that the displayed colors correspond exactly
to the real colors of the products.
Each
offer contains such information that it is clear to the consumer what
rights and obligations are attached to the acceptance of the offer. This
concerns in particular:
the
price including taxes;
any
shipping costs;
the
manner in which the agreement will be concluded and which actions are
required for this;
whether
or not the right of withdrawal applies;
the
method of payment, delivery and execution of the agreement;
the
term for acceptance of the offer, or the term within which the
entrepreneur guarantees the price;
the
amount of the rate for distance communication if the costs of using the
technology for distance communication are calculated on a basis other
than the regular base rate for the means of communication used;
whether
the agreement will be archived after it has been concluded, and if so,
how it can be consulted by the consumer;
the
way in which the consumer, before concluding the agreement, can check
and, if desired, restore the data provided by him in the context of the
agreement;
any
other languages in which, in addition to Dutch, the agreement can be
concluded;
the
codes of conduct to which the entrepreneur is subject and the way in
which the consumer can consult these codes of conduct electronically; and
the
minimum duration of the distance contract in the case of a long-term
transaction.
Article 5 - The agreement
Subject
to the provisions of paragraph 4, the agreement is concluded at the time
of acceptance by the consumer of the offer and compliance with the
associated conditions.
If
the consumer has accepted the offer electronically, the entrepreneur will
immediately confirm receipt of acceptance of the offer electronically. As
long as the receipt of this acceptance has not been confirmed by the
entrepreneur, the consumer can dissolve the agreement.
If
the agreement is concluded electronically, the entrepreneur will take
appropriate technical and organizational measures to secure the electronic
transfer of data and ensure a safe web environment. If the consumer can
pay electronically, the entrepreneur will observe appropriate security
measures.
The
entrepreneur can inform himself - within legal frameworks - whether the
consumer can meet his payment obligations, as well as about all those
facts and factors that are important for a responsible conclusion of the
distance contract. If, on the basis of this investigation, the
entrepreneur has good reasons not to enter into the agreement, he is
entitled to refuse an order or request with reasons, or to attach special
conditions to the implementation.
The
entrepreneur will send the following information to the consumer with the
product or service, in writing or in such a way that it can be stored by
the consumer in an accessible manner on a durable data carrier:
a:
the visiting address of the establishment of the entrepreneur where the
consumer can go with complaints;
b:
the conditions under which and the manner in which the consumer can make
use of the right of withdrawal, or a clear statement regarding the
exclusion of the right of withdrawal;
c:
the information about guarantees and existing after-sales service;
d:
the information included in Article 4 paragraph 3 of these terms and
conditions, unless the entrepreneur has already provided this information
to the consumer before the execution of the agreement;
e:
the requirements for terminating the agreement if the agreement has a
duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in
the previous paragraph only applies to the first delivery. 7. Every agreement
is entered into under the suspensive conditions of sufficient availability of
the products concerned.
Article 6 - Right of withdrawal
When delivering products: When
purchasing products, the consumer has the option to dissolve the agreement
without stating reasons during 14 days. This reflection period starts on
the day after receipt of the product by the consumer or a representative
designated in advance by the consumer and made known to the entrepreneur.
During
the cooling-off period, the consumer will handle the product and packaging
with care. He will only unpack or use the product to the extent necessary
to assess whether he wishes to keep the product. If he makes use of his
right of withdrawal, he will return the product with all accessories
supplied and - if reasonably possible - in the original condition and
packaging to the entrepreneur, in accordance with the reasonable and clear
instructions provided by the entrepreneur.
If
the consumer wishes to make use of his right of withdrawal, he is obliged
to make this known to the entrepreneur within 14 days of receipt of the
product. The consumer must make this known by means of the model form or
in any other unambiguous manner. After the consumer has indicated that he
wishes to make use of his right of withdrawal, the customer must return
the product within 14 days. The consumer must prove that the delivered
goods have been returned on time, for example by means of proof of shipment.
If,
after expiry of the periods referred to in paragraphs 2 and 3, the
customer has not indicated that he wishes to make use of his right of
withdrawal resp. has not returned the product to the entrepreneur, the
purchase is a fact.
When providing services: When
providing services, the consumer has the option to dissolve the agreement
without stating reasons during at least 14 days, commencing on the day of
entering into the agreement.
To
make use of his right of withdrawal, the consumer will follow the
reasonable and clear instructions provided by the entrepreneur with the
offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If
the consumer makes use of his right of withdrawal, the maximum direct
costs of return will be for his account, the costs are estimated at a
maximum of approximately € 20,- EUR.
If
the consumer has paid an amount, the entrepreneur will refund this amount
as soon as possible, but no later than 14 days after withdrawal. This is
subject to the condition that the product has already been received back
by the web retailer or conclusive proof of complete return can be
submitted.
Article 8 - Exclusion right of withdrawal
The
entrepreneur can exclude the consumer's right of withdrawal for products
as described in paragraphs 2 and 3. The exclusion of the right of
withdrawal only applies if the entrepreneur has stated this clearly in the
offer, at least in time for the conclusion of the agreement.
Exclusion
of the right of withdrawal is only possible for products:
a:
that have been established by the entrepreneur in accordance with the
consumer's specifications;
b:
which are clearly personal in nature;
c:
which cannot be returned due to their nature;
d:
which can spoil or age quickly;
e:
whose price is subject to fluctuations in the financial market over which
the entrepreneur has no influence;
f:for
single newspapers and magazines;
g:
for audio and video recordings and computer software of which the consumer
has broken the seal.
h:
for hygienic products of which the consumer has broken the seal.
3.Exclusion of the right of withdrawal is only possible for
services:
a.
concerning accommodation, transport, restaurant business or leisure
activities to be carried out on a specific date or during a specific
period;
b.
the delivery of which has started with the express consent of the consumer
before the cooling-off period has expired;
c.
concerning betting and lotteries.
Article 9 - The price
During
the period of validity stated in the offer, the prices of the products
and/or services offered will not be increased, except for price changes as
a result of changes in VAT rates.
Contrary
to the previous paragraph, the entrepreneur can offer variable prices for
products or services whose prices are subject to fluctuations in the
financial market and over which the entrepreneur has no influence. This
dependence on fluctuations and the fact that any prices quoted are target
prices are stated in the offer.
Price
increases within 3 months after the conclusion of the agreement are only
permitted if they are the result of statutory regulations or provisions.
Price
increases from 3 months after the conclusion of the agreement are only
permitted if the entrepreneur has stipulated this and:
a.
they are the result of statutory regulations or provisions; or
b.
the consumer has the authority to cancel the agreement with effect from
the day on which the price increase takes effect.
5. The prices stated in the offer of products or services
include VAT.
6. All prices are subject to printing and typing errors. No
liability is accepted for the consequences of printing and typesetting errors.
In the event of printing and typesetting errors, the entrepreneur is not
obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The
entrepreneur guarantees that the products and/or services comply with the
agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and the legal provisions
existing on the date of the conclusion of the agreement and /or government
regulations. If agreed, the entrepreneur also guarantees that the product
is suitable for other than normal use.
A
guarantee provided by the entrepreneur, manufacturer or importer does not
affect the legal rights and claims that the consumer can assert against
the entrepreneur on the basis of the agreement.
Any
defects or incorrectly delivered products must be reported to the
entrepreneur in writing within 4 weeks after delivery. The products must
be returned in the original packaging and in new condition.
The
entrepreneur's warranty period corresponds to the manufacturer's warranty
period. However, the entrepreneur is never responsible for the ultimate
suitability of the products for each individual application by the
consumer, nor for any advice regarding the use or application of the
products.
The
warranty does not apply if:
The
consumer has repaired and/or processed the delivered products himself or
has had them repaired and/or processed by third parties;
The
delivered products have been exposed to abnormal conditions or are
otherwise carelessly treated or contrary to the instructions of the
entrepreneur and/or have been treated on the packaging;
The
defectiveness is wholly or partly the result of regulations that the
government has made or will make with regard to the nature or quality of
the materials used.
Article 11 - Delivery and execution
The
entrepreneur will take the greatest possible care when receiving and
executing orders for products and when assessing applications for the
provision of services.
The
place of delivery is the address that the consumer has made known to the
company.
With
due observance of what is stated in paragraph 4 of this article, the
company will execute accepted orders expeditiously, but at the latest
within 30 days, unless the consumer has agreed to a longer delivery
period. If the delivery is delayed, or if an order cannot or only
partially be executed, the consumer will be notified of this no later than
30 days after he has placed the order. In that case, the consumer has the
right to dissolve the agreement without costs. The consumer is not
entitled to compensation.
All
delivery times are indicative. The consumer cannot derive any rights from
any stated terms. Exceeding a term does not entitle the consumer to
compensation.
In
the event of dissolution in accordance with paragraph 3 of this article,
the entrepreneur will refund the amount paid by the consumer as soon as
possible, but at the latest within 14 days after dissolution.
If
delivery of an ordered product proves to be impossible, the entrepreneur
will make every effort to make a replacement item available. At the latest
upon delivery, it will be stated in a clear and comprehensible manner that
a replacement item will be delivered. For replacement items right of
withdrawal can not be excluded. The costs of any return shipment are for
the account of the entrepreneur.
The
risk of damage and/or loss of products rests with the entrepreneur until
the moment of delivery to the consumer or a representative designated in
advance and made known to the entrepreneur, unless expressly agreed
otherwise.
Article 12 - Duration transactions: duration,
cancellation and extensioncancellation
The
consumer can terminate an agreement that has been entered into for an
indefinite period and which extends to the regular delivery of products
(including electricity) or services, with due observance of the agreed
cancellation rules and a notice period of no more than one month.
The
consumer can terminate an agreement that has been entered into for a
definite period and which extends to the regular delivery of products
(including electricity) or services, at any time towards the end of the
fixed term, subject to the agreed cancellation rules and a notice period
of at least maximum one month.
The
consumer can conclude the agreements referred to in the previous
paragraphs:
cancel
at any time and are not limited to cancellation at a specific time or
period;
at
least cancel in the same way as they entered into by him;
always
cancel with the same notice period as the entrepreneur has stipulated for
himself.
extension An
agreement entered into for a definite period of time and which extends to
the regular delivery of products (including electricity) or services may
not be tacitly extended or renewed for a definite period.
Notwithstanding
the previous paragraph, an agreement that has been entered into for a
definite period and which extends to the regular delivery of daily news
and weekly newspapers and magazines may be tacitly extended for a fixed
term of a maximum of three months, if the consumer opposes this extended
agreement. can cancel the end of the extension with a notice period of no
more than one month.
An
agreement that has been entered into for a definite period and which
extends to the regular delivery of products or services may only be
tacitly extended for an indefinite period if the consumer may cancel at
any time with a notice period of at most one month and a notice period of
at most three months if the agreement extends to the regular, but less
than once a month, delivery of daily, news and weekly newspapers and
magazines.
An
agreement with a limited duration for the regular delivery of daily, news
and weekly newspapers and magazines (trial or introductory subscription)
is not tacitly continued and ends automatically after the trial or
introductory period.
Duration If
an agreement has a duration of more than one year, the consumer may
terminate the agreement at any time after one year with a notice period of
no more than one month, unless reasonableness and fairness oppose
cancellation before the end of the agreed duration.
Article 13 - Payment
Unless
otherwise agreed, the amounts owed by the consumer must be paid within 7
working days after the start of the reflection period as referred to in
Article 6 paragraph 1. In the event of an agreement to provide a service,
this period starts after the consumer has received confirmation of the
agreement.
The
consumer has the obligation to immediately report inaccuracies in the
payment details provided or stated to the entrepreneur.
In
the event of non-payment by the consumer, the entrepreneur has the right,
subject to legal restrictions, to charge the reasonable costs made known
to the consumer in advance.
Article 14 - Complaints procedure
The
entrepreneur has a sufficiently publicized complaints procedure and
handles the complaint in accordance with this complaints procedure.
Complaints
about the implementation of the agreement must be submitted fully and
clearly described to the entrepreneur within 7 days, after the consumer
has discovered the defects.
Complaints
submitted to the entrepreneur will be answered within a period of 14 days
from the date of receipt. If a complaint requires a foreseeable longer
processing time, the entrepreneur will answer within the period of 14 days
with a notification of receipt and an indication when the consumer can
expect a more detailed answer.
If
the complaint cannot be resolved by mutual agreement, a dispute arises
that is subject to the dispute settlement procedure.
In
the event of complaints, a consumer must first turn to the entrepreneur.
In the event of complaints that cannot be resolved in mutual consultation,
the consumer must turn to an independent disputes committee, the decision
of which is binding and both the entrepreneur and the consumer agree to
this binding decision. There are costs associated with submitting a
dispute to this disputes committee, which must be paid by the consumer to
the relevant committee. It is also possible to register complaints via the
European ODR platform ( http://ec.europa.eu/
odr ).
A
complaint does not suspend the entrepreneur's obligations, unless the
entrepreneur indicates otherwise in writing.
If
a complaint is found to be well-founded by the entrepreneur, the
entrepreneur will, at its discretion, replace or repair the delivered
products free of charge.
Article 15 - Disputes
Only
Hungarian law applies to agreements between the entrepreneur and the
consumer to which these general terms and conditions apply. Even if the
consumer lives abroad.
The
Vienna Sales Convention does not apply.
Additional provisions or provisions that deviate from these
general terms and conditions may not be to the detriment of the consumer and
must be recorded in writing or in such a way that they can be stored by the
consumer in an accessible manner on a durable data carrier.
Article 17 - delivery time & shipping costs
Delivery time & shipping costs
We make every effort to deliver the order to you as soon as
possible. Orders placed on working days before 2:00 PM, we try to ship the next
day. However, we are not always able to fulfill this, sometimes products are
not in stock and the delivery of your order may take a little longer. If for
whatever reason we cannot meet this delivery time, we will of course inform you
as soon as possible.
The stated prices do not include shipping costs. The
shipping costs are individually calculated.
Article 18 - Details of the offers,
promo codes, coupons
You can only use 1 promo code per order. The amount saved
will be displayed in your shopping cart. Discounts do not apply to shipping
costs, VAT, previous orders and products. The promotional price for products
only applies to the first billing period. Additional charges may apply for
shipping and VAT unless otherwise noted.
Article 19- B2B Professional Customer Group.
B2B Professional Customer Group expired promo code and
offers or coupon code. This B2B is designed for the small entrepreneur who will
receive a discount classified in the account. ForgetMeNot has the right to
refuse the company or to cancel it if there are contract agreements between the
two.