Terms of Service
1. Introduction
These General Terms and Conditions (hereinafter referred to as "GTC") govern the rights and obligations of Udvarnoki Eszter Ev. (hereinafter referred to as "Service Provider") and the customer (hereinafter referred to as "Customer") who enters into a commercial relationship with the Service Provider through the website https://www.bastionatelier.com The GTC applies to all transactions and services conducted through the aforementioned website.
2. Service Provider Information
- Name: Udvarnoki Eszter Ev.
- Website: https://www.bastionatelier.com
- Address: 1042 Petőfi u. 20. 7/40 Budapest (It is not possible to view and purchase the product listed on the page at a given address. Ordered products can only be picked up at the delivery address you specified during the order, or in the case of personal pick-up after prior consultation in Budapest.)
- Phone: +36204583086 (On workdays from 9 am to 7 pm CET)
- Email: bastion.showroom@gmail.com
- Tax Number: 90304066-1-41
- Community Tax Number: HU90304066
3. Basic Provisions
The provisions of Hungarian law, especially the Civil Code (Act V of 2013) and the Act on Electronic Commerce Services (Act CVIII of 2001), as well as the regulations of Government Decree 45/2014 (II. 26.) on consumer and business contracts, apply to issues not regulated by this GTC and to the interpretation of these regulations. Mandatory provisions of the relevant laws apply to the parties without any specific stipulation.
The current rules remain in effect until revoked. The Service Provider has the right to unilaterally modify the rules. Modifications will be posted on the website. By using the website, users accept that all regulations related to the use of the websites automatically apply to them.
By accessing the website operated by the Service Provider or reading any of its content in any way - even if the user is not a registered user of the web shop - the user acknowledges the GTC as binding on themselves. If the user does not accept the conditions, they are not entitled to view the content of the web shop.
The Service Provider reserves all rights regarding the web shop website, any part of it, and the content displayed on it, as well as the distribution of the website. It is prohibited to download, electronically store, process, or sell any content or parts of the web shop without the written consent of the Service Provider.
4. Registration/Purchase
By purchasing/registering on the website, the user declares that they have understood and accept the terms of this GTC and the Privacy Policy published on the website, and consent to the data processing.
The user is required to provide their own real data during purchase/registration. If the user provides false or third-party data during purchase/registration, the resulting electronic contract will be null and void. The Service Provider excludes liability if the user uses its services under another person's name or data.
The Service Provider is not liable for any delays in delivery or other problems or errors due to incorrect or inaccurate data provided by the user.
The Service Provider is not liable for any damages arising from the user forgetting their password or it becoming accessible to unauthorized persons for any reason not attributable to the Service Provider.
5. Products and Services Available for Purchase
The displayed products can be ordered online. Prices for the products are in Hungarian forints and include the statutory VAT, but do not include delivery charges. No separate packaging costs will be charged.
The Service Provider provides detailed descriptions and photos of the products on the web shop. Images on the product pages may differ from reality and may be for illustration purposes. The Service Provider does not accept responsibility for differences between the displayed image and the actual appearance of the product.
If a promotional price is introduced, the Service Provider will fully inform users about the promotion and its exact duration.
In the event that an incorrect price appears on the web shop, particularly in cases of obvious errors, such as a price significantly different from the product's widely known, generally accepted, or estimated price, or a system error resulting in a price of '0' Ft or '1' Ft, the Service Provider is not obliged to deliver the product at the incorrect price but may offer to deliver it at the correct price, in which case the customer can decide whether to proceed with the purchase.
In the case of an incorrect price, there is a striking disproportion between the actual and indicated price of the product, which should be immediately noticeable to an average consumer. According to the Civil Code (Act V of 2013), a contract is formed through the mutual and concurrent expression of the parties' intentions. If the parties cannot agree on the contractual terms, there is no validly formed contract from which rights and obligations would arise. Accordingly, an order confirmed at an incorrect/faulty price is considered a null and void contract.
6. Ordering Process
The user logs into the web shop after registration or starts the purchase without registration. The user sets the quantity of the product(s) they wish to buy. The user adds the selected products to the cart. The user can view the contents of the cart at any time by clicking on the "cart" icon.
If the user wishes to add more products to the cart, they can continue browsing the products. If they do not wish to buy more products, they check the quantity of the products in the cart. The user can remove any product by clicking the "remove" link. To finalize the quantity, the user clicks the "update" button.
The user selects the shipping address, then the shipping/payment method, which can be:
Payment Methods:
- Bank Transfer: The user can easily pay the order amount online through the secure payment system of Stripe. After the amount is credited to the Service Provider's bank account, the user is entitled to receive the product(s) as specified.
7. Right of Withdrawal
According to the regulations of Government Decree 45/2014 (II.26.) on contracts concluded between parties at a distance, the Buyer has the right to withdraw from the contract or return the ordered product without justification within 14 days from the receipt of the product or even between the date of placing the order and the receipt of the product. If this information is missing, the Buyer is entitled to exercise their right of withdrawal for up to 12 months.
The withdrawal period expires 14 days after the day on which the Buyer, or a third party other than the carrier and indicated by the Buyer, takes possession of the product.
If the Buyer wishes to exercise their right of withdrawal, they may do so by making a clear declaration in writing to the Service Provider via email, or by sending a clear declaration in writing by post, where the date of posting will be considered. In case of a postal notification, the Service Provider will only accept it if sent as a registered mail or package. The ordered product can be returned by post or courier to the Service Provider at the following address: 1073 Budapest, Erzsébet körút 58. 3/19. The withdrawal can also be exercised by printing and filling out the attached withdrawal form.
When exercising the right of withdrawal, the Buyer will not be charged any additional costs other than the cost of returning the product. However, the Service Provider may claim compensation from the Buyer for any damage resulting from improper use.
The Buyer must return the goods without undue delay, but in any case no later than 14 days from the day they notify the Service Provider of their withdrawal from the contract.
The right of withdrawal does not apply to the Buyer in the case of products that are personalized, made according to the Buyer's instructions or explicitly requested by the Buyer. This means that in the case of custom-made or tailored clothing, the Buyer does not have the right of withdrawal.
Following the return of the product, the Service Provider will refund the full amount paid by the Buyer without delay, but no later than 14 days.
The refund will be made using the same payment method as the original transaction, unless the Buyer has expressly agreed to a different payment method; no additional fees will be charged to the Buyer as a result of this refund method.
The Buyer must pay particular attention to the proper use of the product, as the Buyer is liable for any damage resulting from improper use! The Buyer can only be held liable for any diminished value of the goods if it is the result of handling other than what is necessary to establish the nature, characteristics, and functioning of the product.
The Service Provider will refund the purchase price to the bank account specified by the Buyer within 14 days of receiving the returned product. The Service Provider may withhold the refund until it has received the product(s) back or the Buyer has provided proof that they have returned them, whichever is earlier.
Detailed regulations on contracts between consumers and the Service Provider are available in Government Decree 45/2014 (II.26.).
The Directive 2011/83/EU of the European Parliament and of the Council is available here.
The Buyer may also contact the Service Provider with other complaints using the contact information provided in this Policy.
The right of withdrawal does not apply to businesses, i.e., persons acting in the course of their profession, independent occupation, or business activity.
Sample Withdrawal/Cancellation Form:
(Complete and return this form only if you wish to withdraw from/cancel the contract)
To:
I, the undersigned, hereby declare that I exercise my right of withdrawal/cancellation concerning the sale of the following goods or the provision of the following service:
Date of contract/receipt:
Name of consumer:
Address of consumer:
Signature of consumer:
(only if this form is submitted on paper)
Date:
8. Complaint Handling Procedure:
The primary goal of the Service Provider is to fulfill customer orders in impeccable quality, fully meeting the needs of the Customer. If, however, the Customer finds any discrepancies and has a complaint, they may communicate their complaint to the Service Provider via the above email address, telephone number, or in the form of a postal letter.
The Service Provider will investigate and address all complaints immediately as necessary. If the Customer disagrees with the handling of the complaint, the Service Provider will promptly record the complaint and its related standpoint in a report and provide a copy of it to the Customer.
If it is not possible to investigate the complaint immediately, the Service Provider will record the complaint in a report and provide a copy to the Customer.
Written complaints will be responded to in writing by Udvarnoki Eszter EV. within 30 days. The Service Provider will provide reasons for any decision to reject a complaint. A copy of the response will be retained for 3 years and will be presented to the supervisory authorities upon request.
If the consumer notices a violation of their consumer rights, they are entitled to submit a complaint to the consumer protection authority responsible for their place of residence. After reviewing the complaint, the authority will decide on conducting a consumer protection procedure. Consumer protection tasks at the first instance are carried out by the district offices responsible for the consumer's place of residence, a list of which can be found here: http://jarasinfo.gov.hu/
The European Commission has created a website where consumers can register, and through which they can resolve disputes related to online purchases by filling out a form, avoiding court procedures. This allows consumers to enforce their rights without, for example, being hindered by distance.
If you wish to make a complaint regarding a product purchased from our website and do not necessarily want to take the matter to court, you can use the online dispute resolution tool. On the portal, you and the trader against whom you have lodged a complaint can jointly select the dispute resolution body you wish to handle your complaint.
The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU
9. Shipping Information
Our products are shipped by DHL. The package will be dispatched as soon as possible – within a maximum of 5 working days – after the order and the total amount have been credited to our account. In case of unsuccessful delivery, we can only resend the package at an additional cost. If there is an error or omission with the products or prices on the web shop, we reserve the right to correct it. In such a case, we will immediately inform the buyer of the new data after recognizing and modifying the error. The buyer can then confirm the order again or either party can withdraw from the contract.
The final amount to be paid includes all costs based on the order summary and confirmation email. The invoice is included in the package. The user is required to inspect the package upon delivery and request a record of any damages to the products or packaging. In case of damage, the user is not required to accept the package. The Service Provider does not accept subsequent complaints without a record.
Correcting Data Entry Errors: The user can always go back to the previous phase before completing the order process, where they can correct the entered data.
The user receives an email confirmation after sending the order. If this confirmation does not arrive within a reasonable time depending on the nature of the service, but no later than 48 hours, the user is exempt from the obligation to offer or contract. The order and its confirmation are considered received by the Service Provider and the user when it becomes accessible to them. The Service Provider excludes liability for the confirmation if it does not arrive on time because the user provided an incorrect email address during registration or due to the user's email account's storage space being full.
10. Order Processing and Fulfillment
Orders are processed during business hours. Orders can also be placed outside of the indicated processing times; if placed after business hours, they will be processed on the following day(s). The Service Provider's customer service or web shop always confirms electronically when the order was fulfilled.
The general delivery time is within 5 working days from the confirmation. If the Service Provider and the user did not agree on the delivery time, the Service Provider must fulfill the contract by the time specified by the user in their prompt or within the specified period, or in the absence of a prompt, within thirty days from the receipt of the order by the Service Provider.
If the Service Provider cannot fulfill the contract within the stipulated time because the specified product is not available within the delivery period, they must inform the user immediately and refund the amount paid by the user immediately, but no later than thirty days.
The Service Provider reserves the right to refuse already confirmed orders in whole or in part. Partial fulfillment is only possible after consultation with the user.
11. Warranty
11.1. Warranty of Goods
In what case can the User exercise their warranty rights? In the event of defective performance by the company operating the web shop, the User can enforce a warranty claim against the company in accordance with the rules of the Civil Code.
What rights does the User have under the warranty claim? The User may, at their option, request repair or replacement, unless the chosen remedy is impossible or would result in disproportionate additional costs for the company compared to other remedies. If repair or replacement is not requested, the User may demand a proportionate reduction in the consideration or, at the company’s expense, repair the defect themselves or have it repaired by someone else, or, as a last resort, withdraw from the contract. The User can switch from the chosen warranty right to another, but the cost of this switch is borne by the User unless it was justified or the company gave a reason for it.
Within what timeframe can the User enforce their warranty claim? The User must notify the company of the defect immediately after discovering it, but no later than two months after the defect is discovered. However, the User's attention is drawn to the fact that warranty rights can no longer be enforced beyond the two-year statute of limitations from the performance of the contract.
Against whom can the User enforce their warranty claim? The User can enforce their warranty claim against the company.
What other conditions must be met to enforce the User's warranty rights? Within six months of performance, the User does not have to meet any conditions other than notifying the defect, provided they can prove that the product or service was provided by the company operating the web shop. After six months, the User must prove that the defect already existed at the time of performance.
11.2. Product Warranty
In what case can the User exercise their product warranty rights? In the case of a defect in a movable item (product), the User may choose to enforce a warranty of goods or a product warranty claim.
What rights does the User have under a product warranty claim? The User can only request the repair or replacement of the defective product.
When is the product considered defective? The product is defective if it does not meet the quality requirements in force at the time of its introduction to the market or if it does not have the characteristics described by the manufacturer.
Within what timeframe can the User enforce their product warranty claim? The User can enforce their product warranty claim within two years of the product being placed on the market by the manufacturer. After this period, the User loses this right.
Against whom and under what conditions can the User enforce their product warranty claim? The User can only enforce their product warranty claim against the manufacturer or distributor of the movable item. In the case of a product warranty claim, the User must prove the defect of the product.
Under what conditions is the manufacturer (distributor) exempt from product warranty obligations? The manufacturer (distributor) is only exempt from product warranty obligations if they can prove that:
– the product was not manufactured or marketed within the scope of their business activities, or
– the defect was not recognizable based on the state of science and technology at the time of marketing, or
– the defect is due to the application of legislation or mandatory official regulations. The manufacturer (distributor) only needs to prove one of these reasons to be exempt.
Please note that the User cannot simultaneously enforce a warranty of goods and a product warranty claim for the same defect. However, if the User successfully enforces a product warranty claim, they can enforce a warranty of goods claim against the manufacturer for the replaced product or repaired part.
12. Procedure for Warranty Claims
In contracts between the consumer and the company, the parties cannot agree on terms that would be to the consumer's detriment compared to the provisions of the regulation. It is the consumer's obligation to prove the conclusion of the contract (with an invoice or receipt). The Service Provider must record the consumer's warranty or guarantee claim in a report. A copy of the report must be provided to the consumer immediately in a verifiable manner.
If the Service Provider cannot immediately state whether the warranty or guarantee claim can be fulfilled, they must notify the consumer of their position within five working days in a verifiable manner, including the reason for rejection and the possibility of turning to a conciliation body in the event of rejection.
The Service Provider must keep the report for three years from the date of recording and present it to the supervisory authority upon request. The Service Provider must strive to complete the repair or replacement within fifteen days.
13. Miscellaneous Provisions
The Service Provider is entitled to use an intermediary to fulfill its obligations. The Service Provider is fully responsible for any unlawful conduct of the intermediary as if the unlawful conduct had been committed by the Service Provider itself.
If any part of these Regulations becomes invalid, unlawful, or unenforceable, it will not affect the validity, legality, and enforceability of the remaining parts.
If the Service Provider does not exercise a right to which it is entitled under these Regulations, failure to exercise the right cannot be considered a waiver of that right. Any waiver of any right is only valid with an express written declaration to that effect. The fact that the Service Provider does not insist strictly on a substantial condition or clause of the Regulations on one occasion does not mean that they waive their right to insist on strict compliance with that condition or clause in the future.
The Service Provider and the User will attempt to resolve their disputes amicably.
14. Copyrights
It is not permitted to download (duplicate), re-transmit to the public, use, electronically store, process and sell the contents of this website or any part of them without the written consent of the Service Provider. At the same time, any material from the website and its database can only be taken by referring to the given website, even with written consent.
The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them, and its Internet advertising surfaces.
It is forbidden to adapt or reverse engineer the content of this website or some parts of it; establishing user IDs and passwords in an unfair manner;
use of any application that can be used to modify or index the website or any part thereof.