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GENERAL TERMS & CONDITIONS

General Terms & Conditions document of www.shop.thisisredy.com is made only as an electronic form, is not considered as a written contract, is not registered, and does not refer to Code of Conduct.

Users can read about the ordering, delivery, payment and operating processes of the webshop by selecting ‘ABOUT THE PRODUCT’ menu item.  The language of the contract is Hungarian and English.

The scope of this GTC covers the legal relationships on the Service Provider’s website (https://shop.thisisredy.com). This GTC is constantly available on the below website: https://shop.thisisredy.com/general-terms-and-conditions. If there is a change in the contents of the GTC, we will also inform you separately under the BLOG menu item, in order to remind users about the changes of the GTC contents.

 

SERVICE PROVIDER

Name of Service Provider:

Femmetex Hungary Kft.
Place of Business: 24. VII. street 5400 Mezőtúr Hungary
Register number: 16-09-018784 , Tax number: 27064269-2-16
Contact:
Email: [email protected]
Mailing address: 13. Horánszky street 1085 Budapest Hungary

Hosting Provider
Company name: Magyar Hosting Ltd.
Place of business: 18-22 Victor Hugo street 1132 Budapest
Tax number: 23495919-2-41
uid number: HU23495919
Corporate registration number: 01-09-968314

 

 

BASIC PROVISIONS:

  1. Any questions not regulated by this Agreement shall be governed by the Hungarian Law, particulary regarding the provisions of Act V of 2013 on the Civil Code (Ptk.), and Act CVIII of 2001 (Ekertv.) on certain issues of electronic commerce actvities and information society services as well as Goernment Decree no. 45/2014 (II.26.) on the detailed rules of contracts concluded between consumers and business operations.

Mandatory provisions of relevant regulations shall be applied to the parties without any special conditions.

  1. Current Rules is in force from 01.03.2019 until revoked. The Service Provider is entitled to unilaterally amend the Rules, which modifications are constantly displayed in the News menu. By using the Websites, User agrees to be bound by all the Rules regarding the usage of the Websites.
  2. If User logs in or reads the contents of the webshop operated by the Service Provider, even if the User is a non-registered user of the webshop, agrees to and accepts to be bound by the Terms and Conditions. If the User does not agree to the Terms, that person is not entitled to view the contents of the webshop.
  3. The Service Provider reserves all rights to the webshop/website,the contents appearing on it, as well as the distribution of the website. Downloading, electronic storage, processing and sale are prohibited of any content or any part of the content displayed on the Webshop, without the written consent of the Service Provider.

 

PRODUCTS AND SERVICES

  1. The webshop operated by the Service Provider serves primarily the needs of customers who give high priority to the protection of the environment. The displayed products can only be ordered online and just in Hungarian territory. The Product prices are shown in Forints and do not include the delivery fee/charge.
  2. In the webshop the Service Provider gives detailed infromation about products by product name, description and displays a photo of the products. On the product data sheet product images are for illustrative purposes only and may slightly vary from the actual product. The Service Provider is not responsible for any differences.
  3. If a promotional price and / or other promotion (g. free delivery) is introduced, the Service Provider will fully inform the User about the promotion and its exact duration.

 

THE ORDER

  1. Purchasing is possible with or without a registration.
  2. The User adds the product to the shopping cart by clicking ‘Add To Cart’ (shopping cart icon) on the page of the product they would like to purchase.
  3. User can check the contents of the cart at any time by clicking the ‘View Cart’ icon.
  4. If the User would like to add another product to the shopping cart, the User shall continue the selection. If no other products will be purchased, click on ’View Cart’ icon.
  5. As the next step enters the shipping details. The Service Provider shall not be liable for the delivery of any order containing possibly incorrect / inaccurate data.
  6. Delivery information:

Delivery by GLS courier service only.

  1. Payment is made through the Barion, the OTP SimplePay or Paypal wallets by clicking on the PAYMENT button, in which billing and shipping information need to be given. In case of payments made through the Barion system, the credit card details will not be sent to the merchant. The service provider Barion Payment Zrt. is an institution supervised by the National Bank of Hungary, license number: H-EN-I-1064/2013.

    Customers paying through OTP SimplePay accept the following declaration:

    I acknowledge the following personal data stored in the user account of Femmetex Hungary Ltd. (base: 5400 Mezőtúr, VII. street 24.) in the user database of shop.thisisredy.com will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following: first name, surname, company name, VAT, address, phone, email. The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found at the following link: http://simplepay.hu/vasarlo-aff

  2. To initiate the Payment Process, the General Terms and Conditions and the Privacy Policy need to be accepted, then click ‘SUBMIT’ to place your order.

A confirmation email will be sent to the email address provided at the time of ordering with the details of the order, the shipping information will also be sent to the previously provided email address. Unless faults or deficiencies may occur regarding to the products or the price of products in the webshop, the Service Provider reserves the right to make corrections. After the fault is detected or modified the Serice Provider will immediately inform the customer about the correct data. The customer may then confirm the order again or both parties have the right of withdrawal and the right to terminate the contract.

The total amount to be paid by customer will include all costs, based on the order summary and the confirmation letter. With the placed order the customer agreed to receiving invoice only by electronic means, in which case the package will only contain the details of the order. The User is obliged to check the package in front of the courier, and if any damage on the products, or on the packaging of the goods is observed, the user shall require a report, and in the case of such damage the cutomer can refuse delivery. The Service Provider will not accept subsequent complaints without a report!

After the order was placed, the User will receive a confirmation email about the order, If User does not receive the confirmation email from the Service Provider, it shall be indicated by e-mail to the following address: [email protected]. Administrative processing of online orders is done on working days between 09:00 and 17:00. It is also possible to place an order outside of the times specified. If the order is placed outside the working hours, it will be processed on the next working day.

If this confirmation is not received by the User within a reasonable time –  depending on the nature of the service –, but not later than 48 hours after the User’s order has been sent, the User will not be bound by the offer or contractual obligation. The order and its confirmation shall be considered as received by the Service Provider and the User when it becomes available to them. The Service Provider disclaims liability for confirmation if the confirmation is not received on time because the User has entered a wrong email address during registration, or due to insufficient storage space in his / her account, or if the User’s missed that the confirmation letter arrived to the Junk folder.

 

PRICE OF THE PRODUCT

Purchase of products in the webshop involves a demand for payment. The Customer is responsible for paying the price of the product as well as the delivery charge. Prices of the products on the webshop are always gross prices.

If the price of the products is incorrectly displayed in the webshop due to a technical error or for any other reason, the Service Provider shall inform the Customer immediately. This information is not considered as a confirmation and therefore it is not a formation of the contract, even if the Service Provider sends an automatic confirmation. In this case, the Customer’s contract offer qualifies to be a clear acceptance by the Customer stating that the order will be placed with the knowledge of the actual price of the product as corrected by the Seller. Here also, the contract is concluded with the Seller’s confirmation.

 

PROCESSING AND EXECUTION OF ORDERS

  1. Administrative processing of online orders is done on working days between 09:00 and 17:00. It is also possible to place an order outside of the times specified. If the order is placed outside of the working hours, it will be processed on the next working day.
  2. Delivery by GLS, after the payment is received (within business hours): 1-2, in special circumstances no later than 5 business days, the Service Provider will launch the package. 
  3. If the Service Provider fails to fulfill its contractual obligations because the contracted good is unavailable, Customer shall be immediately informed about this fact by the Service Provider. At the Customer’s request, the amount which was paid by the Customer shall be payed back immediately, at least within thirty days. Compliance with this obligation does not relieve the Service Provider of any other consequences of its breach of contract.
  4. The Service Provider reserves the right to reject the entire order, or just some part of it, which have already been confirmed. Partial fulfillment can only take place after a consultation with the User!

 

RIGHT OF WITHDRAWAL 

  1. According to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts concluded between customers and business operation, User can exercise the right of withdrawal, without giving any reason, within 14 days of the receipt of the ordered product, and may return the unopened product. In the absence of this information, the User is entitled to exercise his / her right of withdrawal for 1 year.
  2. The period for exercising the right of withdrawal shall expire 14 days after the date on which the User or its designated third party, which is other than the courier, takes over the Product.
  3. The User shall give written notice of his / her right of withdrawal by sending an e-mail within 14 working days after receiving the product. The customer need to send the withdrawal form to [email protected]. The withdrawal form must state all the details of the order, the order number, the date of the order and the date of the receipt of the product. In the absence of these, or if for any other reason the Service Provider is unable to identify the order, then the Provider is unable to accept the form of withdrawal. The cost of returning the product must be borne by the consumer, Service Provider has not undertaken to bear this cost.
  4. In the event of exercising the right of withdrawal, the User will not be charged any costs other than the cost of returning the Product, however, the Service Provider may claim compensation for material damage resulting from improper use.
  5. The User shall not be entitled to the right of withdrawal for a non-prefabricated product which has been manufactured at the consumer’s request or at the express request of the consumer or for a product which is clearly personalized to the consumer. In case of withdrawal, the Customer shall return the undamaged product (s) in an appropriate packaging way that ensures the safety of the product (s) to the address received from the Service Provider in email. (Attention! This address may not be the same as the address of the Service Provider’s place of business or your personal pick-up point! If the product is not sent to the the address given by Service Provider, the Service Provider will not be liable for the product sent to a wrong address and will not be able to refund it.) The Service Provider shall reimburse the full purchase price only in the case of a new product. Attention: the customer does not have the right to withdraw hygiene products specifically for lingerie, once the product has been unpacked! See next section for details.

 

The consumer shall also not exercise the right of withdrawal of a product with enclosed in packaging which cannot be returned after opening becasuse of health or hygiene reasons;

* the service provider may determine the exercise of the consumer’s right of withdrawal within its own promotional marketing promotions, subject to such conditions as it may determine.

  1. In accordance with the above laws the Service Provider shall immediately refund the paid amount to the User, including the shipping fee after the product was returned, but at least within 14 days.
  2. The refund will be based on the same payment method used in the original transaction, unless the User provides specific consent to another payment method; no additional cost shall be charged to the User as a result of applying this refund method.
  3. The User is obliged to send back the goods without undue delay, but at least within 14 days after sending the notice of withdrawal to the Service Provider or hand in the products at the address of the Service Provider.
  4. User will meet the deadline if he product is returned before the 14 day period expires.
  5. The Customer shall bear only the direct cost of returning the Product, unless the Company has undertaken to bear such cost.
  6. The User can only be liable for the depreciation of the goods if that is occured by improper use of the products regarding to its nature, characteristics and functionality.
  7. The Service Provider can withheld the refund until the product is returned.
  8. User can return the ordered product by post or courier to the Service Provider.
  9. User shall take care of the proper usage of the products, otherwise the cost of damage caused by misuse of the products need to be paid by the User! Within 14 days after the product has been returned, the Service Provider will withheld the purchase price of the product to the bank account number, which was given by the User.
  10. User may contact about other complaints to the Serice Provider by using contact details listed in this Policy.
  11. The right of withdrawal does not apply to a company, that is to say, a person who is acting in the course of his profession, self-employment or business.

 

MONEY-BACK GUARANTEE

Although the Service Provider is not legally required to take back the hygiene product, it may, within of its promotion, allow the product to be returned by providing notice on its website.
If the Customer is not satisfied with the quality of the product or is not satisfied with the quality during use, or with the usage of the product, the Service Provider may provide a refund of the price of the product, as follows:

  1. After 40 days of receipt and use of the product, the Customer has the opportunity to indicate to the Service Provider’s e-mail address – specified in this contract – that the quality of the product does not meet its expectations. The Service Provider will send a return form to the Customer by e-mail, on which the Customer needs to sign the order number, and answer to questions about the experience of using the product.
  2. The filled return form needs to be signed by the customer and with the cleaned product, in its original packaging it needs to be sent back by post to the Service Provider’s place of business.
  3. The purchase price of the product will be withheld only by transferring within 30 days of the received products.

 

GUARANTEE AND WARRANTY
Liabilitiy for defects

  1. In which cases can the User exercise its right of the warranty claim?
    Accoring to the provisions of Civil Code, the User can only enforce warranty claim in case of the Serive Provider’s defective performance.
  2. What kind of rights does the User have by warranty claims? User – based on the choice – may excercise the following warranty claims: may request repair or replacement, unless fulfillment of the User’s choice is impossible or would incur a disproportionate additional cost to the business. User may convert from his/her selected warranty rights to a different one, but its cost will be borne by the User unless it was reasoned or the company gave cause for.
  3. What is the deadline for enforcing the User’s warranty claim?
    The User is obliged to notify the defect immediately, but no later than 14 days after the discovery of the defect. However, the Service Provider draws attention to the fact that the User will not be able to enforce its warranty claim beyond the two-year limitation period.
  4. Against whom can the User enforce its warranty claim?
    User may enforce its warranty claim against the enterprise.
  5. What are the other conditions for enforcing a warranty claim?
    Within one month from the date of delivery, there is no other condition for enforcing your warranty claim unless the User proves that the product or service was provided by the company, who is operating the webshop. However after more than 30 days of the delivery date, User must prove that the noticed error was already present by the date of delivery.

 

Product warranty

  1. In which cases can the User exercise the right of product warranty?
    In the fact of a defect movables (product), User may enforce a warranty or product warranty.
  2. What kind of rights does the User have by product warranty claims?
    As a product warranty claim, User may only request the repair or replacement of the defective product.
  3. In what cases is the product considered to defective?
    A product is defective if it does not meet the quality requirements applicable at the time of placing on the market or if it does not have the characteristics stated in the manufacturer’s description.
  4. What is the deadline for enforcing the User’s product warranty claim?
    The User may enforce product warranty claim within two years of the product being placed on the market by the manufacturer. Upon expiry of that period, User loses its entitlement.
  5. Against whom can the User enforce its product warranty claim?
    Attention! User can only claim its product warranty against the manufacturer of the movables. The Service Provider shall not be liable for any deviations in the quality of the product or for any manufacturing deviations! Attention! Under no circumstances will the Service Provider be able to refund or replace the used product (lingerie) which is removed from the original packaging. The defect of the product shall be proved by the User in case of enforcing the product warranty.

6. In what cases is the manufacturer exempt from product warranty?

The manufacturer shall only be exempt from the product warranty obligation if he can prove that:

– the product was not manufactured or placed on market in the course of its business, or
– the defect was not recognizable at the time of placing on market, according to the state of scientific or technical knowledge, or
– the defect in the product results from the application of a law or a statutory regulation.

The manufacturer (distributor) must justify one reason for exemption.
Please note that due to the same defect, you cannot enforce a Warranty and Product Warranty claim simultaneously. However, if the Product Warranty Claim is effectively enforced, User may enforce its Warranty Claim about the replaced Product or the repaired part of it against the manufacturer.

Guarantee

  1. In which cases can the User exercise its right of the guarantee claim?

In the event of defective performance of the consumer durables, the mandatory guarantee on durable goods Government Decree No. 151/2003 (IX. 22.), the company operating the webshop is liable for warranty.

2. What kind of rights does the customer have and under what guarantee period on the basis of the guarantee?

The guarantee period is one year. The guarantee period begins on the day of supplying the consumer goods to the consumer or, if the installation is carried out by the distributor or its’ representative then on the day of the installation.

3. When shall the company be exempt from guarantee obligation?

The enterprise shall be exempt from its guarantee obligation only if it proves that the cause of the defect occurred after fulfilment. Please note that due to the same defect, a Guarantee or a Product Warranty and Warranty Claim cannot be claimed at the same time, otherwise, the Customer is entitled to the warranty notwithstanding the rights described in the product and warranty sections. Attention! The Service Provider is not in a position to refund or replace any opened, used underwear i.e. hygiene product under any circumstances. The Service Provider shall not be liable for any quality difference of the product or for any manufacturing deviations! In such cases, the manufacturer is solely competent. 

4. The Service Provider shall not be liable for any damage resulting from natural wear nor for any damage from improper or negligent handling, excessive use or different from the specified impact or any other improper use of the Products following passing of risk.

 

PROCEDURE FOR WARRANTY CLAIMS

  1. In a contract between a consumer and an enterprise, the parties may not derogate from the provisions of this Regulation to the detriment of the consumer.
  2. It is the duty of the consumer to prove the conclusion of the contract (by invoice or even by receipt).
  3. The enterprise shall record the consumer’s claim for warranty or guarantee.
  4. A copy of the record shall be made available without delay and in a verifiable manner to the consumer.
  5. If the enterprise is unable to make a statement regarding the fulfillment of the consumer’s guarantee or warranty claim upon notification – in the event of a claim being rejected, the reasons for the refusal and the possibility of recourse to the Conciliation Board –, the enterprise shall be required to inform the consumer within a reasonable period of five working days of the time being.
  6. The enterprise shall keep the record for three years from the date on which it is recorded and shall produce it at the request of the audit authority.
  7. The enterprise must pursue the repair or replacement within a maximum period of fifteen days.

 

OTHER PROVISIONS

  1. The Service Provider shall be entitled to use a contributor to fulfill its obligation. The Service Provider is fully liable for the contributors unlawful conduct as if the Service Provider had committed the unlawful conduct itself.
  2. Should any part of these Rules become invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining parts are not affected.
  3. Failure by the Service Provider to exercise its right under this Policy shall not be considered as a waiver of such right. The waiver of any right is subject to express written notice to that effect. The fact that the Service Provider does not strictly insist to one of the material terms or conditions of the Code once does not mean that it waives the obligation to insist to that specific condition or clause in the future.
  4. The Service Provider and the Customer shall settle their disputes through non-judicial channels.
  5. The Service Provider is not responsible for the permanent availability of the Website. The Service Provider shall not be liable for any damages resulting from the non-availability of the Website.
  6. The Service Provider selects the variety of products available on the Webshop to the best of its knowledge.
  7. The Service Provider is constantly improving the quality of available and orderable products.
  8. Customer is unauthorized to use any of the trademarks, product designations, diagrams, images, symbols used on the Website, or used by other product partners and other trademark owners on the Website, except with the prior written consent of the owners concerned. In the event of a breach of this obligation – in addition to other legitimate claims –, the Service Provider is entitled to terminate this contractual relationship with immediate effect.
  9. The Customer gives his consent to the Service Provider to send promotional offers, advertisements by e-mail to the Customer. If the Customer complains in writing or avails of the possibility of unsubscribing from the newsletter, the Service Provider shall no longer be entitled to contact the Customer with such content.

 

HANDLING OF COMPLAINTS

  1. The purpose of the Service Provider is to fulfill all orders in good quality and to the full satisfaction of the customer. If the Customer still has any complaints regarding the contract or its performance, the Customer can submit a complaint to the above e-mail address.

The Service Provider shall promptly investigate the oral complaint and remedy it as necessary.

  1. If the Customer does not agree with the handling of the complaint, the Service Provider shall promptly record the complaint and its position on the complaint, and shall provide a copy to the Customer. If an immediate investigation of the complaint is not possible, the Service Provider shall record a copy of the complaint and provide a copy to the Customer.
  2. A written complaint shall be answered by our webshop within 30 days. It shall provide justification for its rejection of the complaint. A copy of the reply will be kept for a period of 3 years and made available to the control authorities on their request.
  3. Please send your complaints or comments to us at [email protected]. If you complain about our services, please contact the Service Provider first. As a service provider, we are committed to settle complaints through non-judicial channels.
  4. For dispute resolution You can enlist the services of the Online Dispute Resolution Platform. The online dispute resolution platform can be used to settle any consumer dispute, resultant of any online purchase and service contract.

The online platform can be reached under the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

With Your complaint You can turn to the Conciliation Boards according to Your residence or place of abode.

Information on the competences and procedures of the Conciliation Boards can be found at the link below:

http://www.bekeltetes.hu/index.php?id=testuletek

 

 

With Your complaints You can also turn to the National Authority for Consumer Protection:

National Authority for Consumer Protection

Address: 6 Jozsef Blvd. 1088 Budapest.

Phone number: +36 1 459 4800

E-mail: [email protected]