General Terms and Conditions

An electronically concluded contract is concluded between the Service Provider and the User, which is regulated by Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, and by Government Decree 17/1999. (II.5.). The contract relating to the Service does not qualify as a written contract, is not registered, is concluded exclusively in electronic form, the language of the contract is Hungarian, and does not refer to a code of conduct. The conclusion of the contract is confirmed by the electronically saved data and the data relating to the services used. In case of questions arising regarding the operation, ordering and delivery process of the webshop, we are available at the given contact details.

The scope of these GTC covers legal relationships on the Service Provider's website (lavidayarn.com) and its subdomains. These GTC are continuously available from the following website: lavidayarn.com

Definitions:

User: By user we mean all natural and legal persons, as well as legal entities without legal personality.

The concept of Buyer includes the concept of consumer. According to Section 8:1.3 of the Civil Code, a consumer is a natural person acting outside the scope of his profession, independent occupation or business activity.

Entrepreneur: A person acting in the course of his profession, independent occupation or business activity.

Service Provider: A natural or legal person or an organization without legal personality providing a service related to the information society, who provides a service to the User and who enters into a contract with the User.

1. SERVICE PROVIDER DATA:

Name of the service provider: LaVidaFeeling Kft.

The service provider's registered office (and also the place of complaint handling): 1118. Budapest, Őrség utca 20.

The service provider's contact information, regularly used electronic mail address for contact with users: info@lavidayarn.com

Service provider's company registration number/registration number: 01-09-403300

Service provider's tax number: 32026058-1-43

Community tax number: HU32036058

Name of the registering authority / licensing authority and license number (if any): Pest County Tax and Customs Directorate of the National Tax and Customs Office - this is not the Commercial Court of the Metropolitan Court

Service provider phone number: +36 30 9371275

Language of the contract: Hungarian

The hosting provider:

• Company name: MAXER Hosting Ltd.
• Headquarters: 9021 Győr, Arany János u. 31.
• Mailing address: 1616 Budapest P.O. Box 373.
• Company registration number: 08-09-013763
• Tax number: 13670452-2-0
• The Service Provider's official website: https://maxer.hu
• Email: info@maxer.hu
• Phone number: (+36) 1 257 9913

2. BASIC PROVISIONS:

2.1. Hungarian law shall govern any issues not regulated in these GTC and the interpretation of these GTC, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, as well as Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of the relevant laws shall apply to the parties without any separate stipulation.

2.2. These GTC shall be effective from November 1, 2022 and shall remain in effect until revoked. The Service Provider shall be entitled to unilaterally amend the GTC (circumstances giving rise to the amendment: change in legislation, business interest, changes related to the company). The Service Provider shall publish the amendments on the website and shall notify Users who have previously purchased the Products of the changes by e-mail – based on which the User shall be entitled to withdraw from or terminate the contract. The amendments shall not affect previously concluded contracts, i.e. the amendment shall not have retroactive effect.

2.3. The Service Provider reserves all rights to the website, any part thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process and sell the content appearing on the website or any part thereof without the written consent of the Service Provider.

3. PURCHASE

3.1. The User is obliged to provide his/her own, real data during the purchase. In case of false data provided during the purchase or data that can be linked to another person, the resulting electronic contract is null and void. The Service Provider excludes its liability if the User uses its services in another name or with another person's data.

3.2. The Service Provider shall not be liable for any delivery delays or other problems or errors attributable to incorrect and/or inaccurate data provided by the User. However, the Service Provider informs the Users that, after consultation with the User and clear identification, the User may correct the incorrectly entered data in the order so that invoicing and delivery are not hindered.

4. RANGE OF PRODUCTS, SERVICES AVAILABLE FOR PURCHASE AND PRICES

4.1. The displayed products can be ordered online from the webshop. The prices displayed for the products are displayed in HUF and EUR, gross prices (i.e. they include the 27% VAT required by law and include shipping and payment-related fees).

4.2. In the webshop, the Service Provider displays the name and description of the product in detail, and displays photos of the products (if possible).

4.3. If a promotional price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.

4.4. If, despite all due care, the Service Provider places an incorrect price on the Web Store, especially with regard to an obviously incorrect price, e.g. a price of “0” HUF or “1” HUF that is significantly different from the well-known, generally accepted or estimated price of the product, or that may appear due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but has the option to reject the offer and may offer confirmation at the correct price, in the knowledge of which the User may withdraw his intention to purchase. A significant difference is considered – in accordance with domestic judicial practice – a difference of at least 50% in either a positive or negative direction from the market value of the given product or service. However, we inform Users that the concept of striking disproportionality (Section 6:98 of the Civil Code) is not defined by law.

4.5. In the case of an incorrect price as described in point 4.4, there is a striking disproportion between the real and the indicated price of the product, which an average consumer should immediately notice. According to Act V of 2013 on the Civil Code (Ptk.), a contract is concluded by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the contractual terms, i.e. there is no declaration expressing the will of the parties mutually and unanimously, in that case we cannot speak of a validly concluded contract from which rights and obligations would arise.

5. ORDER PROCESS

5.1. The user can start shopping after registering on the website or without registering.

5.2. The user sets the number of products they wish to purchase.

5.3. The user places the selected products in the cart. The user can view the contents of the cart at any time by clicking on the "cart" icon.

5.4. If you do not wish to purchase any more products, check the quantity of the product you wish to purchase. You can delete the contents of the cart by clicking on the “delete – X” icon. To finalize the quantity, the User clicks on the “+,-” icon.

5.5. The user enters the delivery address and then the delivery/payment method, the types of which are as follows:

5.5.1. Payment methods:

You can choose between online, bank card, and PayPal payment methods. The user has the option to pay the total value of the order online, by bank card, or by PayPal through the secure payment system of the financial service provider used by the Service Provider.

SimplePay

Online bank card payments are made through the SimplePay Online Payment System. The bank card details are not sent to the merchant. The SimplePay Online Payment System, which provides the service, is developed and operated by OTP Mobil Kft. OTP Mobil Kft. is a member of the OTP Group.

The payment method provided by the selected third-party payment service provider is subject to the contractual terms and conditions of the payment service provider used in all cases. The third-party payment service provider may charge a fee in connection with the payment transaction as consideration for the service provided by it. These service fees are not considered consideration for the service provided by the lavidayarn.com web store, they do not constitute the revenue of the lavidayarn.com web store, and their amount is not determined by us.

PayPal

The payment method provided by the selected third-party payment service provider is subject to the contractual terms and conditions of the payment service provider used in all cases. The third-party payment service provider may charge a fee in connection with the payment transaction as consideration for the service provided by it. These service fees are not considered consideration for the service provided by the lavidayarn.com web store, they do not constitute the revenue of the lavidayarn.com web store, and their amount is not determined by us.

Cash

Cash payment is only possible for sales outside the website (e.g. fairs).

5.5.2. Shipping cost:

Home delivery services are provided for a fee using a third-party delivery service provider, unless otherwise stated. The lavidayarn.com web store uses the GLS courier service to deliver its products. All service fees listed include the full cost of package delivery and shipping.

5.6. If an error or omission occurs in the products or prices in the webshop, we reserve the right to make corrections. In such a case, after the error is recognized or modified, we will immediately inform the buyer of the new data. The user can then confirm the order once again or withdraw from the contract.

5.7. The total amount payable includes all costs based on the order summary and confirmation letter. According to Section 6:127 of the Civil Code, the User is obliged to inspect the package without delay, preferably in front of the courier upon delivery, and in the event of any damage to the products or packaging, he is obliged to request a report; in the event of damage, the User is not obliged to accept the package. If the User does not inspect the package, he commits a breach of contract and bears the consequences (difficulty in proving the condition of the product). The product(s) are delivered on working days between 8 a.m. and 8 p.m.

5.8. After providing the data, the User can send their order by clicking on the "order" button, but before that, they can check the provided data once again, send a comment with their order, or notify us of any other wishes related to the order by e-mail.

5.9. By placing an order, the user acknowledges that he/she is obligated to pay.

5.10. Correction of data entry errors: Before closing the ordering process, the User can always go back to the previous phase, where he can correct the entered data. In detail: During the order, it is possible to view and modify the contents of the basket. If the basket does not contain the desired quantity, the User can enter the number of pieces of the desired quantity in the data entry field in the quantity column. If the User wishes to delete the products in the basket, he clicks on the “X” “delete” button. During the order, the User has the continuous opportunity to correct/delete the entered data.

5.11. The User receives a confirmation by e-mail after sending the order. If this confirmation does not reach the User within the expected deadline depending on the nature of the service, but no later than 48 hours from the date of sending the User's order, the User is released from the offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes available to him. The Service Provider excludes its responsibility for confirmation if the confirmation does not arrive on time because the User has provided an incorrect e-mail address or cannot receive messages due to the storage space belonging to his account being full.

5.12. The User acknowledges that the confirmation mentioned in the previous point is only an automatic confirmation and does not create a contract. The contract is created when the Service Provider notifies the User in another e-mail about the details of the order and its expected fulfillment following the automatic confirmation mentioned in the previous point.

6. PROCESSING AND FULFILLMENT OF ORDERS

6.1. Orders are processed during business hours. It is also possible to place an order outside the times indicated for order processing; if it is placed after business hours, it will be processed the following day. In all cases, the Service Provider's customer service will confirm electronically when it will be able to fulfill your order.

6.2. General delivery deadline, within 15 working days from the conclusion of the contract. If for any reason the delivery deadline differs from the deadline specified here, in that case the expected delivery deadline has been separately agreed with the customer.

For products that are not in stock, they will be handed over to the shipping company within 15-25 business days from the confirmation of order acceptance. If, due to reasons beyond our control, we are unable to fulfill your order or are only able to fulfill it with a delay, we will contact you immediately.

6.3. Based on the purchase contract, the Service Provider is obliged to transfer the ownership of the item, and the User is obliged to pay the purchase price and take delivery of the item. The User may modify or cancel his order until the seller hands it over to the shipping company, but after that the User acknowledges that he can only enforce his intention to modify or cancel by exercising his right of withdrawal.

6.4. If the seller is a business and the buyer is a consumer, and the seller undertakes to deliver the goods to the buyer, the risk of damage shall pass to the buyer when the buyer or a third party designated by the buyer takes possession of the goods. The risk of damage shall pass to the buyer upon handover to the carrier, if the carrier has been commissioned by the buyer, provided that the carrier has not been recommended by the seller.

6.5. If the seller is a business and the buyer is a consumer, unless otherwise agreed by the parties, the seller (according to these GTC: Service Provider) is obliged to make the item available to the buyer (User) without delay, but no later than thirty days after the conclusion of the contract.

6.6. In the event of a delay by the Service Provider, the User is entitled to set an additional deadline. If the Seller fails to perform within the additional deadline, the Buyer is entitled to withdraw from the contract.

6.7. The User has the right to withdraw from the contract without setting an additional deadline if

1. a) the Service Provider refused to perform the contract; or
2. b) the contract should have been performed at the specified performance time and not at any other time, as agreed by the parties or due to the identifiable purpose of the service.

6.8. If the Service Provider does not fulfill its obligations under the contract because the product specified in the contract is not available, it is obliged to immediately inform the User and immediately refund the amount paid by the User.

6.9. The Service Provider draws the attention of Users to the fact that if the User does not take over the ordered products that have been delivered in accordance with the contract (regardless of the payment method), he commits a breach of contract. According to the Civil Code (Section 6:142), anyone who causes damage to the other party by breaching the contract is obliged to compensate for it. He is exempt from liability if he proves that the breach of contract was caused by circumstances beyond his control, unforeseen at the time of conclusion of the contract, and that he could not have been expected to avoid the circumstances or prevent the damage. The damage caused to the subject of the service must be compensated as compensation. In the event of an intentional breach of contract, the Service Provider must be compensated for all damages.

This means that the Service Provider - if the Consumer does not indicate their intention to withdraw - will also claim against the Users for any damage caused by the purchase and storage of the products and the shipping costs (round trip).

The Service Provider draws the attention of Users to the fact that in order to enforce our legal claims arising in this way, it will use the assistance of its lawyers, thus the User will be responsible for paying other (legal) costs arising from the breach of contract (including the fees for the payment order procedure).

7. RIGHT OF WITHDRAWAL

7.1. In accordance with Directive 2011/83/EU of the European Parliament and of the Council and Government Decree 45/2014. (II.26.) on the detailed rules for contracts between consumers and businesses, the Consumer may withdraw from the contract without giving any reason and return the ordered product within 14 days of receipt of the ordered product. If the business fails to comply with this information, the 14-day withdrawal period is extended by twelve months. If the Service Provider provides the information after the expiry of 14 days from the date of receipt of the product or conclusion of the contract, but within 12 months, the withdrawal period is 14 days from the date of provision of this information.

7.2. The Consumer may exercise his right of withdrawal by making a clear statement to this effect or by using the declaration template specified in Annex 2 of Government Decree 45/2014. (II.26.).

7.3. The period for exercising the right of withdrawal expires 14 days from the day on which the Consumer, or a third party indicated by him, other than the carrier, takes possession of the product.

7.4. The consumer may also exercise his right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.

7.5. The cost of returning the product must be borne by the Consumer, the company has not undertaken to bear this cost.

7.6. In the event of exercising the right of withdrawal, the Consumer shall not be charged any costs other than the cost of returning the product.

7.7. The Consumer does not have the right of withdrawal in the case of a non-prefabricated product that was produced based on the Consumer's instructions or at his express request, or in the case of a product that was clearly tailored to the Consumer.

7.8. The Consumer may also not exercise his right of withdrawal

• in the case of a contract for the provision of a service, after the entire service has been performed, if the undertaking has commenced the performance with the express prior consent of the Consumer and the Consumer has acknowledged that he will lose his right of termination after the entire service has been performed;

• in respect of a product or service whose price or fee is subject to possible fluctuations in the financial market that cannot be influenced by the undertaking, even during the period open for exercising the right of withdrawal;

• for products that are perishable or have a short shelf life;

• in respect of a product in sealed packaging that cannot be returned after opening after delivery for health or hygiene reasons;

• in respect of a product which, by its nature, is inseparably mixed with other products after delivery;

• in respect of an alcoholic beverage whose actual value depends on market fluctuations in a way that cannot be influenced by the undertaking, and whose price was agreed upon by the parties when concluding the sales contract, but the contract is only fulfilled after the thirtieth day from the conclusion;

• in the case of a business contract where the business visits the consumer at the express request of the consumer to carry out urgent repair or maintenance work;

• regarding the sale and purchase of sealed audio or video recordings and copies of computer software, if the Consumer has opened the packaging after delivery;

• with regard to newspapers, magazines and periodicals, with the exception of subscription contracts;

• in the case of contracts concluded at public auction;

• in the case of a contract for the provision of accommodation, other than housing services, transport, car rental, catering or services related to leisure activities, if a deadline or time limit specified in the contract has been stipulated;

• with regard to digital data content provided on a non-tangible medium, if the business has commenced performance with the Consumer's express prior consent and, at the same time as this consent, the Consumer has declared his acknowledgement that he will lose his right of withdrawal after commencement of performance.

7.9. After receiving the declaration of withdrawal, the Service Provider shall, in accordance with the above legislation, immediately, but no later than within 14 days of becoming aware of the withdrawal, refund the amount paid to the Consumer, excluding the delivery fee.

7.10. During the refund, we will use the same payment method as the one used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer will not incur any additional costs as a result of using this refund method.

7.11. The Consumer is obliged to return the goods or deliver them to the Service Provider's address without undue delay, but in no case later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider.

7.12. In the event of a written withdrawal, it is sufficient for the consumer to send the withdrawal statement within 14 days.

7.13. The consumer meets the deadline if he returns or hands over the product(s) before the expiry of the 14-day period. The return is deemed to have been completed within the deadline if the consumer sends the product before the expiry of the deadline.

7.14. The consumer shall bear only the direct costs of returning the product.

7.15. The Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the choice of a method of transport other than the cheapest standard method of transport offered by the Service Provider.

7.16. The Service Provider may withhold the refund until the goods have been returned or the Consumer has provided evidence that they have been returned: whichever is the earlier.

7.17. If the Consumer wishes to exercise his/her right of withdrawal, he/she may notify the Service Provider in writing (using the attached form), by telephone or in person. When notifying in writing by post, the date of posting will be taken into account, and when notifying by telephone, the date of notification by telephone. The Consumer may return the ordered product to the Service Provider by post or by courier service.

7.18. The consumer is only liable for any depreciation resulting from use exceeding the use necessary to establish the nature, properties and functioning of the product.

7.19. Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses can be found here.

7.20. Directive 2011/83/EU of the European Parliament and of the Council is available here

7.21. The Consumer may also contact the Service Provider with other complaints using the contact details provided in these GTC.

7.22. The right of withdrawal applies only to Users who are consumers under the Civil Code.

7.23. The right of withdrawal does not apply to businesses, i.e. persons acting in the course of their profession, independent occupation or business activity.

7.24. Procedure for exercising the right of withdrawal:

7.24.1. If the Consumer wishes to exercise the right of withdrawal, he/she is obliged to indicate his/her intention to withdraw at the Service Provider's contact details.

7.24.2. The consumer exercises his right of withdrawal within the deadline if he sends his declaration of withdrawal before the expiry of the 14th day from the receipt of the product. In the case of withdrawal in writing, it is sufficient to send the declaration of withdrawal within 14 days. In the case of notification by post, the date of posting is taken into account, and in the case of notification by email, the time of sending the email is taken into account.

7.24.3. In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address without delay, but no later than 14 days from the date of notification of his/her withdrawal. The deadline is deemed to have been met if the product is sent before the 14-day deadline expires (i.e. it does not have to arrive within 14 days). The customer bears the costs incurred in connection with the return of the goods due to the exercise of the right of withdrawal.

7.24.4. However, the Service Provider is not obliged to reimburse the Consumer for additional costs resulting from the choice of a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Consumer also exercises his right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

7.24.5. When buying and selling multiple products, if the individual products are delivered at different times, the buyer may exercise the right of withdrawal within 14 days of receiving the last delivered product, or in the case of a product consisting of multiple items or pieces, the last delivered item or piece.

8. WARRANTY

Incorrect performance

The obligor shall perform defectively if the service does not meet the quality requirements set out in the contract or in law at the time of performance. The obligor shall not perform defectively if the rightholder was aware of the defect at the time of conclusion of the contract or should have been aware of the defect at the time of conclusion of the contract.

Any clause in a contract between a consumer and a business that deviates from the provisions of this chapter on warranty and guarantee to the detriment of the consumer is void.

Business User: a person who acts within the scope of their profession, independent occupation or business activity.

Warranty

8.1. In what cases can a User exercise his right to a warranty?

In the event of defective performance by the Service Provider, the User may assert a warranty claim against the Service Provider in accordance with the provisions of the Civil Code.

8.2. What rights does the User have based on his warranty claim?

The User may – at his/her choice – make the following claims under the warranty: he/she may request repair or replacement, unless the fulfillment of the claim chosen by the User from these is impossible or would entail disproportionate additional costs for the enterprise compared to the fulfillment of his/her other claim. If the repair or replacement was not requested or could not be requested, he/she may request a proportionate reduction in the consideration or the defect may be repaired at the enterprise’s expense. The User may also repair the defect or have it repaired by someone else or – in the last resort – may withdraw from the contract. He/she may also transfer his/her chosen warranty right to another one, but the User shall bear the cost of the transfer, unless it was justified or the enterprise gave a reason for it.

8.3. Within what deadline can the User assert his/her warranty claim?

The User (if considered a Consumer) is obliged to report the defect immediately after its discovery, but no later than within two months of the discovery of the defect. However, we would like to draw your attention to the fact that you can no longer enforce your warranty rights beyond the two-year (1-year in the case of businesses and used products) limitation period from the performance of the contract.

8.4. Against whom can you assert your warranty claim?

The User may assert a warranty claim against the Service Provider.

8.5. What other conditions are there for enforcing your warranty rights (if the User qualifies as a Consumer)?

Within six months of delivery, there is no other condition for asserting a warranty claim other than notification of the defect, if the User proves that the product or service was provided by the company operating the webshop. However, after six months from delivery, the User is obliged to prove that the defect recognized by the User already existed at the time of delivery.

Product warranty

8.6. In what cases can a Consumer exercise his/her product warranty rights?

In the event of a defect in a movable item (product), the Consumer may – at his/her choice – assert a warranty claim for materials or a product warranty.

8.7. What rights does the Consumer have based on his product warranty claim?

As a product warranty claim, the Consumer may only request the repair or replacement of the defective product.

8.8. In what cases is the product considered defective?

A product is defective if it does not meet the quality requirements in force at the time of its release to the market, or if it does not have the properties specified in the description provided by the manufacturer.

8.9. Within what deadline can a Consumer assert his product warranty claim?

The Consumer may assert his/her product warranty claim within two years from the date the product was placed on the market by the manufacturer. After this deadline, he/she loses this right.

8.10. Against whom and under what other conditions can you assert your product warranty claim?

You may exercise your product warranty claim exclusively against the manufacturer or distributor of the movable property. In the event of a product warranty claim, the Consumer must prove the defect of the product.

8.11. In what cases is the manufacturer (distributor) exempt from its product warranty obligation?

The manufacturer (distributor) is only exempt from its product warranty obligation if it can prove that:

– the product was not manufactured or placed on the market as part of its business activities, or

– the defect was not detectable at the time of placing on the market, based on the state of science and technology, or

– the product defect results from the application of a law or mandatory official regulation.

The manufacturer (distributor) only needs to prove one reason to be exempted.

Please note that you cannot assert a warranty claim and a product warranty claim simultaneously for the same defect. However, if your product warranty claim is successful, you may assert a warranty claim against the manufacturer for the replaced product or repaired part.

8.12. The Service Provider is not liable for damages resulting from incorrect or careless handling, excessive use, or impacts other than those specified, or other improper use of the products after the transfer of risk.

 

9 PROCEDURE IN THE EVENT OF A WARRANTY CLAIM (IN THE CASE OF USERS QUALIFIED AS CONSUMERS)

9.1. In a contract between a consumer and a business, the agreement of the parties may not deviate from the provisions of the regulation to the detriment of the Consumer.

9.2. The consumer is obliged to provide proof of the conclusion of the contract (with an invoice or even just a receipt).

9.3. The costs related to the fulfillment of the warranty obligation are borne by the Service Provider (Section 6:166 of the Civil Code).

9.4. The Service Provider is obliged to record the warranty or guarantee claim reported to it by the Consumer.

9.5. A copy of the report must be made available to the Consumer immediately and in a verifiable manner.

9.6. If the Service Provider is unable to state the feasibility of the Consumer's warranty or guarantee claim upon notification thereof, it is obliged to notify the Consumer of its position – in the event of rejection of the claim, the reason for the rejection and the possibility of contacting a conciliation body – within five working days, in a verifiable manner.

9.7. The Service Provider is obliged to keep the minutes for three years from the date of their recording and to present them to the inspection authority upon request.

9.8. The Service Provider shall endeavour to complete the repair or replacement within a maximum of fifteen days. If the repair or replacement takes longer than 15 days, the Service Provider shall inform the consumer of the expected duration of the repair or replacement. The information shall be provided, with the consumer's prior consent, electronically or in another manner capable of proving receipt by the consumer.

 

10.MISCELLANEOUS PROVISIONS

10.1. The Service Provider is entitled to use a collaborator to fulfill its obligations. It is fully responsible for the illegal conduct of such collaborator, as if it had committed the illegal conduct itself.

10.2. If any part of these GTC becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.

10.3. If the Service Provider does not exercise its rights under the GTC, the failure to exercise the right shall not be considered a waiver of the given right. Any waiver of any right shall only be valid if there is an express written declaration to this effect. The fact that the Service Provider does not strictly adhere to any essential condition or provision of the GTC on one occasion does not mean that it waives its right to insist on strict compliance with the given condition or provision in the future.

10.4. The Service Provider and the User shall attempt to settle their disputes amicably.

10.5. The Parties acknowledge that the Service Provider's webshop operates in Hungary and is also maintained there. Since the site can also be visited from other countries, the users expressly acknowledge that the governing law in the relationship between the user and the Service Provider is Hungarian law. If the user is a Consumer, then, pursuant to Section 26 (1) of the Hungarian Civil Code, the court of the defendant's (Consumer's) domestic residence shall have exclusive jurisdiction in disputes arising from this contract against the Consumer.

10.6. The Service Provider does not apply different general access conditions for access to products in the webshop for reasons related to the User's citizenship, place of residence or place of settlement.

10.7. The Service Provider shall not apply different conditions to the payment transaction – with regard to the payment methods it accepts – for reasons related to the User's citizenship, place of residence or place of establishment, the place of account management of the payment account, the place of establishment of the payment service provider or the place of issue of the cash substitute payment instrument within the Union.

10.8. The Service Provider complies with REGULATION (EU) 2018/302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating unjustified geo-blocking and other forms of discrimination based on the customer's nationality, place of residence or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) No 2017/2394 and Directive 2009/22/EC.

 

11. COMPLAINT HANDLING PROCEDURE (IN CASE OF USERS QUALIFIED AS CONSUMERS)

11.1. Our store aims to fulfill all orders in good quality and to the full satisfaction of the customer. If the User has any complaints regarding the contract or its fulfillment, they can submit their complaints by phone, e-mail or by letter.

11.2. The Service Provider shall immediately examine the oral complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint or if immediate investigation of the complaint is not possible, the Service Provider shall immediately record the complaint and its position on it and shall provide a copy thereof to the customer.

11.3. The Service Provider shall respond to the written complaint in writing within 30 days. It shall justify its position rejecting the complaint. The Service Provider shall keep the minutes of the complaint and a copy of the response for 3 years and shall present them to the supervisory authorities upon their request.

11.4. Please note that if your complaint is rejected, you may initiate proceedings with an official or conciliation body, as follows:

11.5. The Consumer may file a complaint with the consumer protection authority:

Pursuant to paragraphs (1)-(3) of Section 45/A of the Consumer Protection Act and Government Decree 387/2016. (XII. 2.) on the designation of the consumer protection authority, the Government Office acts as the general consumer protection authority: https://www.kormanyhivatal.hu/hu/elerhetosegek

11.6. In the event of a complaint, the Consumer has the option of contacting a conciliation body, whose contact details can be found here:

Baranya County Conciliation Board

Address: 7625 Pécs, Majorossy Imre u. 36.

Phone number: (72) 507-154; (20) 283-3422

Fax number: (72) 507-152

President: Dr. Ferenc Bércesi

Website address: www.baranyabekeltetes.hu

E-mail address: info@baranyabekeltetes.hu; kerelem@baranyabekeltetes.hu

Bács-Kiskun County Conciliation Board Address: 6000 Kecskemét, Árpád krt. 4. Mailing address: 6001 Kecskemét Pf. 228. Telephone number: (76) 501-525; (76) 501-532; (70) 702-8403

Fax number: (76) 501-538

President: Dr. Zsuzsanna Horváth

Website address: www.bacsbekeltetes.hu

Email address: bekeltetes@bacsbekeltetes.hu

Békés County Conciliation Board

Address: 5600 Békéscsaba, Penza ltp. 5.

Phone number: (66) 324-976

Fax number: (66) 324-976

President: Dr. László Bagdi

Website address: www.bmkik.hu

E-mail address: bekeltetes@bmkik.hu

Borsod-Abaúj-Zemplén County Conciliation Board

Address: 3525 Miskolc, Szentpáli u. 1.

Phone number: (46) 501-091 (new cases); 501-871 (ongoing cases)

President: Dr. Péter Tulipán

Website address: www.bekeltetes.borsodmegye.hu

E-mail address: bekeltetes@bokik.hu

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Phone number: (1) 488-2131

Fax number: (1) 488-2186

President: Dr. Éva Veronika Inzelt

Website address: https://bekeltet.bkik.hu/

E-mail address: bekelteto.testulet@bkik.hu

Csongrád-Csanád County Conciliation Board

Address: 6721 Szeged, Párizsi krt. 8-12.

Phone number: (62) 554-250/ext. 118

Fax number: (62) 426-149

President: Dr. Károly Horváth

Website address: www.bekeltetes-csongrad.hu

E-mail address: bekelteto.testulet@csmkik.hu

Fejér County Conciliation Board

Address: 8000 Székesfehérvár, Hosszúséta Square 4-6.

Phone number: (22) 510-310

Fax number: (22) 510-312

President: Dr. József Vári Kovács

Website address: www.bekeltetesfejer.hu

E-mail address: bekeltetes@fmkik.hu; fmkik@fmkik.hu

Győr-Moson-Sopron County Conciliation Board

Address: 9021 Győr, Szent István út 10/a.

Phone number: (96) 520-217

President: Dr. Beáta Bagoly

Website address: https://gymsmkik.hu/bekelteto

E-mail address: bekeltetotestulet@gymskik.hu

Hajdú-Bihar County Conciliation Board

Headquarters: 4025 Debrecen, Petőfi Square 10.

Administrative location: 4025 Debrecen Vörösmarty u. 13-15.

Phone number: (52) 500-710; (52) 500-745

Fax number: (52) 500-720

President: Dr. Zsolt Hajnal

Website address: https://www.hbmbekeltetes.hu

Email address: bekelteto@hbkik.hu

Heves County Conciliation Board

Mailing address: 3300 Eger, P.O. Box 440.

Customer reception: 3300 Eger, Hadnagy u. 6. ground floor

Phone number: (36) 416-660/ext. 105 Fax number: (36) 323-615

President: Dr. István Gondos

Website address: www.hkik.hu/hu/content/bekelteto-testulet

E-mail address: bekeltetes@hkik.hu

Jász-Nagykun-Szolnok County Mediation Board

Address: 5000 Szolnok, Verseghy park 8. 3rd floor

Phone number: (20) 373-2570

Fax number: (56) 370-005

President: Dr. Lajkóné Dr. Judit Vígh

Website address: https://www.iparkamaraszolnok.hu/ugyintezes/bekelteto-testulet

E-mail address: bekeltetotestulet@iparkamaraszolnok.hu

Komárom-Esztergom County Conciliation Board

Address: 2800 Tatabánya, Main Square 36.

Phone number: (34) 513-010

Fax number: (34) 316-259

President: Dr. Gabriella Bures

Website address: www.kemkik.hu/hu/bekeltet-otilde-testulet

Email address: bekeltetes@kemkik.hu

Nógrád County Conciliation Board

Address: 3100 Salgótarján, Alkotmány u. 9/a

Phone number: (32) 520-860

Fax number: (32) 520-862

President: Dr. Erik Pongó

Website address: www.nkik.hu

Email address: nkik@nkik.hu

Pest County Conciliation Board

Headquarters: 1119 Budapest, Etele út 59-61. 2nd floor, room 240.

Mailing address: 1364 Budapest, P.O. Box: 81

Phone number: (1)-269-0703

Fax number: (1)- 269-0703

President: Dr. Pál Koncz

Website address: www.pestmegyeibekelteto.hu; www.panaszrendezes.hu

Email address: pmbekelteto@pmkik.hu

Somogy County Conciliation Board

Address: 7400 Kaposvár, Anna Street 6.

Phone number: (82) 501-000

Fax number: (82) 501-046

President: Dr. Imre Csaplaros

Website address: https://www.skik.hu/bekelteto-testulet-159

Email address: skik@skik.hu

Szabolcs-Szatmár-Bereg County Conciliation Board

Address: 4400 Nyíregyháza, Széchenyi u. 2.

Phone number: (42) 420-180

Fax number: (42) 420-180

President: Mrs. Görömbeiné Dr. Katalin Balmaz

Website address: www.bekeltetes-szabolcs.hu

Email address: bekelteto@szabkam.hu

Tolna County Conciliation Board

Address: 7100 Szekszárd, Arany J. u. 23-25.

Phone number: (74) 411-661; (30) 664-2130

Fax number: (74) 411-456

President: Greta Mónus

Website address: https://www.tmkik.hu/hu/bekelteto-testulet_2

E-mail address: bekeltett@tmkik.hu; kamara@tmkik.hu

Vas County Conciliation Board

Customer reception: 9700 Szombathely, Rákóczi Ferenc u. 23.

Phone number: (94) 312-356; (94) 506-645; (30) 956-6708

Fax number: (94) 316-936

President: Dr. Zoltán Kövesdi

Website address: www.vasibekelteto.hu

Email address: pergel.bea@vmkik.hu

Veszprém County Conciliation Board

Address: 8200 Veszprém, Radnóti Square 1.

Phone number: (88) 814-121; (88) 814-111

Fax number: (88) 412-150

President: Dr. Klara Herjavecz

Website address: www.bekeltetesveszprem.hu

E-mail address: info@bekeltetesveszprem.hu

Zala County Conciliation Board

Address: 8900 Zalaegerszeg, Petőfi Street 24.

Phone number: (92) 550-513

Fax number: (92) 550-525

President: Dr. Sándor Molnár

Website address: www.bekelteteszala.hu

Email address: zmbekelteto@zmkik.hu

11.7. The conciliation body is responsible for the out-of-court settlement of consumer disputes. The conciliation body is responsible for attempting to reach an agreement between the parties for the purpose of settling the consumer dispute; if this fails, it shall make a decision on the matter in order to ensure the simple, fast, efficient and cost-effective enforcement of consumer rights. The conciliation body shall, at the request of the Consumer or the Service Provider, provide advice on the rights and obligations of the Consumer.

11.8. In the event of a cross-border consumer dispute related to an online purchase or service contract, the conciliation body operated by the chamber designated by decree by the minister responsible for consumer protection shall be competent.

11.9. In case of a complaint, the Consumer may use the EU Online Dispute Resolution Platform. Using the platform requires a simple registration in the European Commission system, by clicking here. After that, the Consumer may submit his complaint via the online website, the address of which is: http://ec.europa.eu/odr

11.10. The Service Provider is obliged to cooperate in the conciliation body procedure. Within this framework, it is obliged to send its response to the conciliation body and ensure the participation of the person authorized to establish a settlement at the hearing. If the registered office or business location of the enterprise is not registered in the county of the chamber operating the territorially competent conciliation body, the enterprise's obligation to cooperate extends to offering the possibility of concluding a written settlement in accordance with the Consumer's needs.

11.11. If the Consumer does not apply to a conciliation body or the procedure is unsuccessful, the Consumer has the option of applying to court to resolve the dispute. The lawsuit must be initiated with a statement of claim, which must include the following information:

• the court in question;
• the names, residences and legal positions of the parties and their representatives;
• the right sought to be asserted, by presenting the facts on which it is based and the evidence thereof;
• the data from which the jurisdiction and competence of the court can be established;
• a firm request for a court decision.
• The document or a copy thereof whose content is cited as evidence must be attached to the claim.

 

12. COPYRIGHT

12.1. Since lavidayarn.com, as a website, is considered a copyrighted work, it is prohibited to download (replicate), retransmit to the public, use in any other way, store electronically, process and sell the contents or any part thereof appearing on the lavidayarn.com website without the written consent of the Service Provider. At the same time, the User may download the GTC and the data management information without any conditions or restrictions and store them in any form.

12.2. Any material may be taken from the lavidayarn.com website and its database, even with written consent, only with reference to the given website.

12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them, and its online advertising spaces.

12.4. It is prohibited to adapt or reverse engineer the content or parts of the lavidayarn.com website; to establish user IDs and passwords in an unfair manner; to use any application with which the lavidayarn.com website or any part thereof can be modified or indexed.

12.5. The name lavidayarn.com is protected by copyright, its use, except for reference, is only possible with the written consent of the Service Provider.

12.6. The User acknowledges that in the event of use without a license, the Service Provider is entitled to a penalty. The amount of the penalty is HUF 60,000 gross per image, or HUF 20,000 gross per word. The User acknowledges that this penalty clause is not excessive, and browses the site with this in mind. In the event of copyright infringement, the Service Provider applies a notarial certificate of fact, the amount of which is also passed on to the infringing user.

13. DATA PROTECTION

The website's data management information is available on the data management page.

Budapest, November 1, 2022.

Withdrawal form sample

(fill in and return only if you intend to withdraw from the contract)

Recipient (name, postal address, e-mail address, fax number, telephone number):

Service provider name:

The undersigned declares that he/she will not purchase or sell the following goods:

Order date/receipt date:

Name of consumer(s):

Consumer(s) address:

Signature of the consumer(s) (only in case of written notification):

Date: