BOBBER.CENTER – GENERAL TERMS AND CONDITIONS (GTC)

bobber.center (company name: Bodó Renáta Zsuzsa sole proprietor, registered office: 2090 Remeteszőlős, Patak sétány 129., tax number: 49389010-1-33, registration number: 59096731, hereinafter: the “Business”) considers these General Terms and Conditions (hereinafter: the “GTC”) applicable to sales contracts concluded between consumers (consumer within the meaning of the Hungarian Civil Code: a natural person acting outside the scope of his or her profession, independent occupation, or business activity, hereinafter: the “Consumer”) and the Business in relation to the products marketed by the Business (hereinafter: the “Product” or “Products”).

The sales contracts covered by these GTC are performed by the Business on the basis of an order placed in its webshop (https://www.bobber.center, hereinafter: the “Webshop”), by personal handover to the Consumer at one of the collection points specified by the Consumer when purchasing in the Webshop, against payment of the purchase price indicated in the webshop.

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1. Use of the Webshop

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Full use of the Webshop does not require Consumer registration. If the Consumer chooses to register, after registration they may log in to the Webshop using the login credentials created during registration. The data provided by the Consumer are processed exclusively by the Business in accordance with the Business’s data processing policy and privacy statement. The Consumer may verify the accuracy of the data before approval and may initiate modification or deletion of their data from the Webshop database at any time through the Webshop interface. Registration is not required to use the Webshop or browse the database. By submitting an order in the Webshop, the Consumer concludes a written sales contract in Hungarian with the Business, which is governed by Hungarian law. The Business can only accept an order if, during registration of the ordering party’s details and/or when placing the order, the fields on the website are completed fully and with real data. The Business assumes no liability for damages resulting from failure to do so, or for technical problems arising during the process, especially those related to the internet connection.

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1.1. Steps of registration

Registration can be started at https://www.bobber.center/hu. As the first step of registration, enter your basic data. A confirmation email will be sent to the email address provided during registration; click the “Confirm Registration” button there.

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1.2. Scope of products and services available for purchase in the webshop

The Webshop distributes motorcycle parts, motorcycle equipment, and products related to motorcycle clothing. The images displayed for the products are for illustration purposes only and may differ from reality. The displayed products may be ordered through the Webshop software or by email. Home delivery costs are not included. After an order is placed in our Webshop, we deliver our products nationwide by courier service.

 

1.3. Purchase

Log in to the webshop. Then select the product you wish to order and click the “Add to Cart” button. After clicking the “Add to Cart” button, you may specify the quantity you wish to order in the pop-up window. After specifying the order quantity, press the “Add to Cart” button. When the product is placed in the cart, the side panel “Shopping Cart Contents” opens, showing the products already added to the cart. If you wish to continue shopping, click on the webshop interface or close the cart. If you wish to finalize the order, click the “Shopping Cart Contents” button. By opening the cart, you may check the products you wish to order and their quantities. In the summary panel, you may check the order total, choose whether you would like to redeem a discount (if applicable), and also change the delivery method. After checking all data, click the “Payment” button. Enter the billing and contact details, then click continue. Before finalizing the order, check the contact details and the ordered items, then click the “Place Order and Pay” button. After a successful order, you may continue browsing. After submission, the order will be processed, and an email notification will be sent regarding its finalization. The prices shown next to the Products are gross prices expressed in euros or Hungarian forints. The Business reserves the right to change prices and to end advertised promotions without prior notice. Information on stock availability for Products appears next to each product in the Webshop. If, after the order, it turns out that despite the displayed information the product is not in stock, the Business will contact the Consumer, and based on the agreement of the parties the order may be modified, or the Business will refund any amount already paid to the Consumer.

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1.4. Order confirmation and failure thereof

The Consumer will receive a confirmation by email after submitting the order. If this confirmation does not arrive to the Consumer within the expected period depending on the nature of the service, but no later than within 72 hours from sending the Consumer’s order, the Consumer shall be released from the binding nature of the offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Business and by the Consumer when they become accessible to them. The Business excludes liability for confirmation if the confirmation does not arrive in time because the Consumer provided an incorrect email address during registration, or because the storage space associated with the account is full and therefore cannot receive messages.

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1.5. Correction of data entry errors

Before closing the order process, the Consumer may always go back to the previous phase where the entered data may be corrected. During the order process, it is possible to view and modify the contents of the Cart; if the Cart does not contain the desired quantity, the contents may be modified by pressing the + or - button next to the given Product. If the Consumer wishes to delete Product(s) from the cart, this may be done by pressing the Remove button next to the Product. During the ordering process, the Consumer continuously has the possibility to correct/delete the entered data.

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1.6. Delivery deadline

On the order form, more detailed information about the expected delivery date can be obtained for each product by clicking on Shipping Information.

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1.7. Delivery costs and conditions

Consumers may request personal collection or delivery by courier service. The Business will separately notify the Consumer of the delivery time. No delivery fee is charged for personal collection. For products that have not been financially settled, the Business provides the Consumer with a maximum of two working days for personal collection at the specified collection point. After the expiry of the specified deadline, the Business considers the sales contract null and void.

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1.8. Invoicing

The Business issues an electronically signed electronic invoice (including payment request, pro forma invoice, and final invoice), or a machine-issued paper invoice, or a receipt. The invoice is made available to the User electronically at the time of purchase, on site in the case of personal collection, and also electronically in the case of courier delivery.

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1.9. Payment terms

In the webshop operated by the Business, payment may be made by bank card, advance bank transfer, PayPal, cash on delivery to a limited extent, and cash. At the collection point operating at the Business’s branch premises, there is no bank card terminal; only cash payment or immediate electronic bank transfer is possible. The Business reserves the right to change the available payment methods.

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Cash on delivery: To avoid abuse, cash on delivery is only possible on the basis of an individual agreement. The Business reserves the right not to permit or to refuse the cash-on-delivery payment method.

 

Cash payment: cash payment is only possible for products available from domestic stock in the webshop and only in the case of personal purchase. In other cases, cash payment will be refused.

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2. Withdrawal, warranty, and guarantee

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2.1. Right of withdrawal/termination

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2.1.1.

Under Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, the Consumer may, within 14 days from receipt of the ordered product, withdraw from or terminate the contract without giving any reason (hereinafter, withdrawal and termination are jointly referred to as withdrawal), and may return the ordered product. In the absence of this information, the Consumer is entitled to exercise the right of withdrawal up to 1 year later. If the Business provides the information after the expiry of 14 days from the day of receipt of the product or the conclusion of the contract, but within 12 months, the deadline open for withdrawal shall be 14 days from communication of that information.

2.1.2.

The withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes possession of the product.

2.1.3.

The Consumer may also exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.

2.1.4.

The cost of returning the product shall be borne by the Consumer; the business has not undertaken to bear this cost.

2.1.5.

In the event of exercising the right of withdrawal, the Consumer shall not bear any cost other than the cost of returning the Product.

2.1.6.

The Consumer does not have the right of withdrawal in the case of a Product that was not prefabricated and was produced on the basis of the Consumer’s instructions or at the Consumer’s express request, or in the case of a Product clearly tailored to the Consumer’s person.

2.1.7.

The Consumer may also not exercise the right of withdrawal:
a. in the case of a contract for the provision of services after full performance of the service, if the business began performance with the Consumer’s express prior consent and the Consumer acknowledged that they lose their right of termination after full performance of the service;
b. in respect of a Product or service the price or fee of which depends on fluctuations in the financial market not controllable by the business and possible even within the withdrawal period;
c. in respect of perishable Products or Products that retain their quality for a short period only;
d. in respect of sealed Products which, for health protection or hygiene reasons, cannot be returned after opening following delivery;
e. in respect of Products which, by their nature, are inseparably mixed with other Products after delivery;
f. in respect of alcoholic beverages the actual value of which depends on market fluctuations beyond the business’s control, whose price was agreed by the parties when concluding the sales contract, but the performance of the contract takes place only after the thirtieth day following conclusion;
g. in the case of a contract for work where the business visits the Consumer at the Consumer’s express request for the purpose of carrying out urgent repair or maintenance work;
h. in respect of the sale of sealed audio or video recordings and copies of computer software, if the Consumer has opened the packaging after delivery;
i. in respect of newspapers, journals, and periodicals, with the exception of subscription contracts;
j. in the case of contracts concluded at public auction;
k. in the case of contracts for accommodation other than for residential purposes, transport, car rental, catering, or services related to leisure activities, if the contract specifies a performance date or deadline;
l. in respect of digital content not supplied on a tangible medium, if the business has begun performance with the Consumer’s express prior consent, and the Consumer at the same time acknowledged that after commencement of performance they lose the right of withdrawal.

2.1.8.

Upon receipt of the Product and/or the withdrawal declaration, the Business shall, in accordance with the above legal provisions, refund the amount paid to the Consumer without delay, but no later than within 14 days, including the delivery fee.

2.1.9.

For the refund, we will use the same payment method as used in the original transaction, unless the Consumer expressly agrees to use a different payment method; the Consumer shall not incur any additional costs as a result of using this refund method.

2.1.10.

The Consumer must return the goods without undue delay, but in any event no later than within 14 days from the sending of the notice of withdrawal to the Business, either by returning them or handing them over at the Business’s address.

2.1.11.

In the case of written withdrawal, it is sufficient for the Consumer to send the withdrawal declaration within 14 days.

2.1.12.

The Consumer meets the deadline if they send back or hand over the Product(s) before the end of the 14-day period. The return is deemed timely if the Consumer sends the Product before the deadline expires.

2.1.13.

The Consumer bears only the direct cost of returning the Product, unless the business has undertaken to bear this cost.

2.1.14.

The Business is not obliged to reimburse the Consumer for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive usual delivery method offered by the Business.

2.1.15.

The Business may withhold the refund until it has received the Product(s), or until the Consumer has supplied proof that they have returned them, whichever is earlier.

2.1.16.

If the Consumer wishes to exercise the right of withdrawal, they may indicate this in writing through any of the Business’s contact details (even using the attached form), by telephone, or even in person. In the case of notification in writing by post, the date of posting will be taken into account; in the case of notification by phone, the date of the phone notification. In the case of notification by post, the Business accepts notification as a registered mail item or parcel. The ordered Product may be returned to the Business by post or by courier service.

2.1.17.

The Consumer is liable only for depreciation resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product. In the event of damage or depreciation beyond this, or due to putting the product into use, the Business is not obliged to refund, or is not obliged to refund the full purchase price to, the buyer. The Business requests that the Consumer return the product, if possible, in its original packaging.

2.1.18.

Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses is available here.

2.1.19.

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

2.1.20.

The Consumer may also contact the Business with other complaints using the contact details contained in these GTC.

2.1.21.

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

2.1.22.

Orders placed offline and catalogue orders are considered individual procurement and are not subject to the withdrawal rules.

 

2.2. Procedure for exercising the right of withdrawal

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2.2.1.

If the Consumer wishes to exercise the right of withdrawal, they must indicate their intention to withdraw through the Business’s contact details, based on the model withdrawal/termination form attached as Annex 2 to Government Decree 45/2014. (II. 26.):

“Model Withdrawal/Termination Form (complete and return this only if you wish to withdraw from/terminate the contract) / Addressee: / I/We the undersigned hereby declare that I/we exercise my/our right of withdrawal/termination in respect of the contract for the sale of the following product(s) or the provision of the following service: / Date of conclusion of contract / date of receipt: / Name of consumer(s): / Address of consumer(s): / Signature of consumer(s): (only in the case of a declaration made on paper) / Date:”

2.2.2.

The Consumer exercises the right of withdrawal in due time if they send the withdrawal declaration before the expiry of the 14th day from receipt of the Product. In the case of written withdrawal, it is sufficient merely to send the withdrawal declaration within 14 days. In the case of notification by post, the date of posting is decisive;

2.2.3.

in the case of notification by email, the time the email is sent is taken into account.

2.2.4.

In the event of withdrawal, the Consumer must return the ordered Product to the Business’s address without delay, but no later than within 14 days from communication of the withdrawal declaration. The deadline is deemed met if the Product is sent before the expiry of the 14-day deadline (therefore it does not need to arrive within 14 days). The ordering party bears the costs incurred in connection with returning the goods due to exercising the right of withdrawal.

2.2.5.

However, the Business is not obliged to reimburse the Consumer for additional costs arising from the choice of a delivery method other than the least expensive usual delivery method offered by the Business. The Consumer may also exercise the right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the Product.

2.2.6.

In the case of the sale of several Products, if delivery of the individual Products takes place at different times, the buyer may exercise the right of withdrawal within 14 days from receipt of the last Product delivered, or in the case of a Product consisting of several items or pieces, from receipt of the last item or piece delivered.

2.2.7.

Upon performance of the order, at the time of delivery, the Consumer must check the Product, its packaging, and its contents, then sign the receipt acknowledgment. After this, the Business is unable to accept complaints regarding deficiencies that could have been identified at that time. In the case of quantity or quality complaints relating to the Product, the Business branch will take the Product back from the Consumer.

2.2.8.

Orders placed offline and catalogue orders are considered individual procurement and are not subject to the withdrawal rules.

 

2.3. Defective performance

The Business performs defectively if the service does not meet the quality requirements set out in the contract or by law at the time of performance. The Business does not perform defectively if the entitled party knew of the defect at the time of conclusion of the contract, or should have known of the defect at that time. In contracts between a Consumer and a business, any clause derogating to the detriment of the Consumer from the provisions of this chapter concerning implied warranty and guarantee is null and void.

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2.4. Implied warranty (kellékszavatosság)

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2.4.1. In what cases may the Consumer enforce rights under implied warranty?

In the event of defective performance by the Business, the Consumer may assert an implied warranty claim against the Business in accordance with the rules of the Civil Code.

2.4.2. What rights does the Consumer have under an implied warranty claim?

At the Consumer’s choice, the following implied warranty claims may be asserted: the Consumer may request repair or replacement, unless performance of the claim chosen by the Consumer is impossible or would entail disproportionate additional costs for the business compared to performance of another claim. If the Consumer did not request repair or replacement, or could not request it, they may demand a proportionate reduction of the consideration, or the Consumer may repair the defect at the business’s expense or have it repaired by another party, or—ultimately—may withdraw from the contract. The Consumer may switch from the chosen implied warranty right to another, but the costs of switching shall be borne by the Consumer unless this was justified or caused by the business.

2.4.3. Within what deadline may the Consumer enforce an implied warranty claim?

The Consumer must notify the defect without delay after discovering it, but no later than within two months from the discovery of the defect. However, please note that beyond the two-year limitation period from performance of the contract, implied warranty rights can no longer be enforced.

2.4.4. Against whom may the Consumer enforce an implied warranty claim?

The Consumer may enforce the implied warranty claim against the Business as service provider.

2.4.5. What other condition applies to the enforcement of implied warranty rights?

Within six months from performance, beyond notification of the defect there is no other condition for enforcing the implied warranty claim, if the Consumer proves that the Product or service was supplied by the business operating the Webshop. However, after six months from performance, the Consumer must prove that the defect recognized by the Consumer already existed at the time of performance.

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2.5. Product warranty (termékszavatosság)

2.5.1. In what cases may the Consumer enforce product warranty rights?

In the case of a defect in a movable item (Product), the Consumer may, at their choice, enforce either an implied warranty claim or a product warranty claim.

2.5.2. What rights does the Consumer have under a product warranty claim?

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

2.5.3. When is the Product considered defective?

The Product is defective if it does not meet the quality requirements in force at the time it was placed on the market, or if it does not have the properties described by the manufacturer.

2.5.4. Within what deadline may the Consumer enforce a product warranty claim?

The Consumer may enforce a product warranty claim within two years from the date the Product was placed on the market by the manufacturer. After expiry of this period, the entitlement is lost.

2.5.5. Against whom and under what other condition may the Consumer enforce a product warranty claim?

A product warranty claim may only be enforced against the manufacturer or distributor of the movable item. In the case of a product warranty claim, the Consumer must prove the defect of the Product.

2.5.6. In what cases is the manufacturer (distributor) exempt from product warranty liability?

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

• the Product was not manufactured or marketed within the scope of its business activity, or

• according to the state of science and technology at the time the Product was placed on the market, the defect was not recognizable, or

• the defect in the Product results from the application of a law or mandatory official regulation.

2.5.7.

The manufacturer (distributor) need only prove one reason for exemption. Please note that for the same defect, an implied warranty claim and a product warranty claim cannot be enforced simultaneously and in parallel. However, if the product warranty claim is successfully enforced, the Consumer may enforce an implied warranty claim against the manufacturer regarding the replaced Product or repaired part.

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2.6. Guarantee / statutory warranty (jótállás)

2.6.1.

What rights and within what deadline is the Consumer entitled to under the guarantee?

2.6.2.

The guarantee period is 1 year for a purchase price reaching HUF 10,000 but not exceeding HUF 100,000, 2 years for a purchase price exceeding HUF 100,000 but not exceeding HUF 250,000, and 3 years above HUF 250,000. The guarantee period starts on the day the consumer durable good is delivered to the Consumer, or if commissioning is performed by the distributor or its agent, on the day of commissioning. Under the guarantee claim, at the entitled party’s choice, the Consumer may request repair or replacement, unless fulfillment of the chosen guarantee right is impossible or would result in disproportionate additional costs for the Business compared to another guarantee claim, taking into account the value represented by the service in defect-free condition, the gravity of the breach of contract, and the injury to the entitled party’s interests caused by fulfillment of the guarantee right; or may request a proportionate reduction in the consideration, repair the defect themselves at the Business’s expense or have it repaired by another person, or may withdraw from the contract if the Business did not undertake repair or replacement, cannot fulfill this obligation, or if the entitled party’s interest in repair or replacement has ceased. If, during the guarantee period, at the first repair of the consumer durable good it is established by the business that the durable good cannot be repaired, the business must, unless the consumer provides otherwise, replace the durable good within 8 days. If replacement is not possible, the business must refund the purchase price indicated on the receipt presented by the consumer within 8 days. (Exception: electric bicycle, electric scooter, quad, motorcycle, moped, passenger car, motorhome, caravan, trailer caravan, trailer, motorized watercraft.) If, during the guarantee period, the consumer durable good breaks down again after three repairs, the business must, unless the consumer provides otherwise, replace the durable good within 8 days. If replacement is not possible, the business must refund the purchase price indicated on the receipt presented by the consumer within 8 days. (Exception: electric bicycle, electric scooter, quad, motorcycle, moped, passenger car, motorhome, caravan, trailer caravan, trailer, motorized watercraft.) If the consumer durable good is not repaired by the thirtieth day from communication of the repair request to the business, the business must, unless the consumer provides otherwise, replace the durable good within 8 days after the ineffective expiry of the thirty-day deadline. If replacement is not possible, the business must refund the purchase price indicated on the receipt presented by the consumer within 8 days. (Exception: electric bicycle, electric scooter, quad, motorcycle, moped, passenger car, motorhome, caravan, trailer caravan, trailer, motorized watercraft.) In the case of repair of the consumer durable good, the guarantee period is extended by the period from the date of handing over for repair during which the consumer could not use the durable good as intended because of the defect.

2.6.3.

There is no right of withdrawal for insignificant defects. Repair or replacement must be carried out within an appropriate period, taking into account the properties of the item and the purpose expected by the entitled party, while safeguarding the entitled party’s interests.

2.6.4.

When is the business exempt from guarantee liability?

2.6.5.

The Business is exempt from guarantee liability only if it proves that the cause of the defect arose after performance. Please note,

2.6.6.

that for the same defect, implied warranty and guarantee claims, or product warranty and guarantee claims, cannot be enforced simultaneously and in parallel; otherwise, however, the Consumer is entitled to the rights arising from the guarantee independently of the rights described in the product warranty and implied warranty sections.

2.6.7.

The Business is not liable under guarantee beyond the guarantee period (professionally expected lifetime) for damage resulting from normal wear and tear/obsolescence.

2.6.8.

The Business is also not liable under warranty or guarantee for damage arising after transfer of risk from improper or negligent handling, excessive use, impacts different from those specified, or other non-intended use of the Products.

2.6.9.

If the Consumer enforces a replacement claim within three working days from purchase (commissioning) due to the malfunction of the consumer durable good, the Business is obliged to replace the durable good, provided that the malfunction prevents intended use.

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2.7. Procedure in the event of warranty claims

2.7.1.

In a contract between a Consumer and a business, the parties’ agreement may not derogate from the provisions of the decree to the detriment of the Consumer.

2.7.2.

The Consumer is obliged to prove the conclusion of the contract (with an invoice or even just a receipt).

2.7.3.

The costs related to performance of the warranty obligation are borne by the Business (Civil Code Section 6:166).

2.7.4.

The Business is obliged to draw up minutes on the Consumer’s warranty or guarantee claim reported to it, in accordance with Ministry for National Economy Decree 19/2014. (IV. 29.).

2.7.5.

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

2.7.6.

If the Business cannot declare at the time of notification whether the Consumer’s warranty or guarantee claim can be fulfilled, it must notify the Consumer of its position—if the claim is rejected, also of the reason for rejection and the possibility of turning to a conciliation board—within five working days, in a verifiable manner.

2.7.7.

The Business must keep the minutes for three years from the date they are taken and present them at the request of the supervisory authority.

2.7.8.

The Business must endeavor to complete repair or replacement within no more than fifteen days.

 

3. Complaint handling procedure

Our Webshop’s goal is to fulfill all orders in appropriate quality and to the full satisfaction of the customer. If the Consumer nevertheless has any complaint related to the contract or its performance, they may communicate the complaint by the above phone number, email address, or by letter. The Business will immediately investigate any oral complaint and remedy it as necessary. If the customer does not agree with the handling of the complaint, or immediate investigation of the complaint is not possible, the Business shall immediately draw up minutes of the complaint and its position regarding it, and hand a copy thereof to the customer.

The written complaint shall be answered by the Service within 30 days in writing. Its rejecting position shall be reasoned.

The Business shall preserve the minutes taken of the complaint made in person and a copy of the response for five years and present them to the supervisory authorities upon request.

 

Place of complaint administration: 2090 Remeteszőlős, Patak sétány 129. (appointment based).
 

Please note that if your complaint is rejected, you may initiate proceedings before an authority or a conciliation board, as follows:

The Consumer may submit a complaint to the consumer protection authority. According to Government Decree 387/2016. (XII. 2.) on the designation of the consumer protection authority, in administrative authority matters the district office, and in the case of county seats the district office of the county seat, acts at first instance, while at second instance the Pest County Government Office acts with nationwide competence. Contact details for district offices: http://jarasinfo.gov.hu

In the event of a complaint, the Consumer also has the option of turning to a conciliation board, whose contact details can be found here: https://cdn.nkfh.gov.hu/static/uploads/kormanyhivatalok_elerhetosegei_c92289cb4d.pdf​

 

The conciliation board has jurisdiction for the out-of-court settlement of consumer disputes. The task of the conciliation board is to attempt to create a settlement between the parties for the purpose of resolving the consumer dispute; if unsuccessful, it makes a decision in the case in order to ensure simple, fast, efficient, and cost-saving enforcement of consumer rights. Upon request of the Consumer or the Business, the conciliation board provides advice on the rights and obligations of the Consumer.

In the event of a cross-border consumer dispute relating to an online sales contract or online service contract, only the conciliation board operating alongside the metropolitan chamber of commerce and industry has jurisdiction.

In the event of a complaint, the Consumer may use the EU online dispute resolution platform. Use of the platform requires simple registration in the European Commission’s system, by clicking here. Thereafter, after logging in, the Consumer may submit the complaint through the online website at: http://ec.europa.eu/odr

The Business is subject to a duty to cooperate in conciliation board proceedings. Within this framework, it is obliged to send its statement of defense to the conciliation board and to ensure the participation at the hearing of a person authorized to conclude a settlement. If the registered office or place of business of the business is not registered in the county of the chamber operating the territorially competent conciliation board, the business’s duty to cooperate extends to offering the possibility of concluding a written settlement corresponding to the Consumer’s claim.

If the Consumer does not turn to a conciliation board, or the procedure does not lead to a result, the Consumer has the possibility to turn to the court in order to resolve the dispute. The lawsuit must be initiated by a statement of claim, which must include the following information:

• the court hearing the case;

• the names, places of residence, and procedural status of the parties and their representatives;

• the right sought to be enforced, together with a statement of 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 definite request for the court’s decision.

The document, or a copy thereof, the contents of which are relied upon as evidence, must be attached to the statement of claim.

 

4. Miscellaneous provisions

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4.1.

By placing an order through the Webshop, every purchaser declares that they have become familiar with and accept these contractual terms and are aware of the ordering procedure. As a condition of the order, the Consumer declares that they have read and accepted the GTC and acknowledge them as binding upon themselves.

4.2. Data processing

We treat the personal data made available during use of the webshop confidentially and do not transfer them to third parties. Exceptions are data necessarily provided to subcontractors, without which fulfillment of the order would not be possible, for example information necessary for delivery handed over to the courier service. During browsing of the webshop, technical information is recorded (for example in the form of log files, containing the user’s IP address, time, and URL of the visited page), which cannot be used for personal identification, but serves statistical purposes. The system also stores data on the user’s computer in the form of so-called cookies. Cookies are not suitable for identifying the user personally and remain active during the session. To use the webshop system, cookies must be enabled in the browser; otherwise certain functions will not work. An invoice is issued for the ordered product, and it is stored in the manner and for the duration prescribed by applicable legislation. You may request deletion or modification of your data from the system at any time in writing, but independently of this you may remove yourself from the mailing list of newsletter subscribers without deleting your registration. You may unsubscribe from the newsletter by letter, by email, or by using the “Unsubscribe” link at the bottom of the newsletters.

4.3. Copyright

The website as a whole, including all content appearing on it (texts, images, graphic elements, colors, brand names, etc.), is protected by copyright, therefore copying, modifying, or distributing it for commercial purposes or further use is prohibited. Unauthorized use and distribution will in all cases result in legal proceedings.

4.4. Liability

The user may use the webshop exclusively at their own risk, and may not hold the Service Provider liable for pecuniary or non-pecuniary damage arising during use, except for damage caused intentionally, through gross negligence, or as a result of a criminal offense, as well as for breach of contract causing harm to life or bodily integrity. The operator cannot be held liable in any way for the user’s conduct carried out in the webshop; the user always visits the website and uses its services of their own free will and according to their express intent.

4.5. Right of error and misprint

The Service Provider reserves the right of error and misprint. If any product is advertised at an unrealistically low or high price and intentional conduct cannot be proven against the Service Provider, then the Service Provider is not obliged to hand it over to the Consumer at the advertised price.​