General terms and conditions
General terms and conditions
1. Principle
These General Terms and Conditions regulate the terms and conditions of the use of the services available by the user (User) on the website www.luxurylingerie.shop. By using the web store, the User acknowledges and accepts the provisions of these GTC.
2. Subjects of the contract
The operator provides the current electronic commerce service as a Provider, pursuant to Section 2 (k) of Act CVIII of 2001.
Details of the Service Provider:
Name: Belladonna Luxury Lingerie Limited Liability Company
Headquarters: Fillér utca 55/C, building A I/3, 1022 Budapest.
Tax number: 13629906-2-41
Managing financial institution: CIB Bank Plc.
Account number: 10700354-43354601-51100005
Email address: shop@luxurylingerie.shop
Phone number: +36 30 950 6309
Customer, i.e. the User: a person who registers for any electronic services in the Web Store or sends an order to the Service Provider, i.e. who uses the service.
The User is only entitled to use the service if he/she:
a) has reached the age of 18 and is not restricted in his/her ability to act,
b) a minor who has reached the age of 14 and has power to the extent of his/her own earnings when ordering.
c) acts on behalf of a legal person or an unincorporated business and warrants that he/she is entitled to represent that organization.
d) registers in his/her own name by providing his/her real personal information and contact details.
3. The main activity of the Service Provider
Retail sale via mail order houses or via Internet NACE: 4791
4. Ordering process
The Website provides Users with presenting products and the opportunity to order online. They can browse the website using the User menu items. The images of the products with a fancy name and price can be seen on the interface of the Website. By clicking on the image representing the selected product, the User may find out about the characteristics and detailed description of the product to be ordered, as well as he/she may select the required size.
The selected product can be placed in the basket with the help of the “Add to cart” button, the required size and number of pieces can be set next to the button. The User may check the contents of the cart using the Cart icon. Here, he/she may adjust the quantity of the product in the shopping cart or delete the item with an X. The User may continue the purchase process by clicking the Submit button. Purchases can be made with or without pre-registration. In case of pre-registration, the system stores the data provided by the User, which will be filled in automatically at the time of a subsequent purchase, thus facilitating the purchase process.
The User is responsible for keeping the access data confidential. The User is responsible for updating his/her data and is obliged to notify the Service Provider if he/she becomes aware that his/her data has been misused by a third party.
The next step for the User, after compiling the order is to select the payment method. With the help of a summary page, the User may check all the data previously entered and the products to be ordered, as well as their quantity. In case of data entry errors, the User may use the pencil icon to correct the entered data. In case he/she finds everything correct, he/she may use the Submit Order button to finalize the order.
The User will receive a confirmation of the order on the website or by e-mail. If, after the order got recorded (e.g. in the confirmation e-mail), the User detects any incorrect data, he/she must notify the Service Provider immediately, but no later than within 24 hours.
Irrespective of the order intent, the User can log in using the Login menu item. After logging in, a menu item Change data will appear, where he/she may change the data entered during registration, as well as the data and status of the submitted order.
5. Binding of the offer, confirmation
The Service Provider will confirm the arrival of the User’s offer to the User by means of an automatic confirmation e-mail without delay, but no later than within 48 hours. The confirmation e-mail contains the data provided during the purchase, the order data, the name and price of the ordered product(s), the payment and delivery method chosen, the order number, and in addition the User's comments on the order. This confirmation e-mail only informs the User that his/her order has been received by the Service Provider.
If the User does not receive the confirmation within 48 hours, he/she becomes unobliged to accept the ordered products, he/she is not obliged any more to accept the ordered products.
6. Conclusion of the contract
The submission of the order is considered to be an electronic contract, which is governed by Act CVIII of 2001 on certain aspects of electronic commerce services and information society services. The contract is covered by Government Decree 45/2014 (II/26) on the detailed rules for consumer-to-business contracts and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
The contract is concluded after the User sends an order on the pages of the Web store and the Service Provider sends a second so-called acceptance e-mail to the User in addition to the automatic confirmation e-mail within 48 hours, by which he accepts the User's offer, and thus the contract is concluded upon the receipt of a separate e-mail about the acceptance of the offer by the Service Provider. The User accepts that the contract concluded in this way is deemed to have been concluded in writing, and the provisions of these GTC apply to the contract.
The contract is concluded in Hungarian, which the Service Provider stores in electronic form. The contract is accessible to the User after logging in to the website, and its contents can be read, saved or printed.
7. Prices
The prices published on the Website are the (gross) prices increased by VAT, which include the price of the products and the cost of home delivery.
8. Possible payment methods
8.1. Payment by advance bank transfer
If the User chooses the bank transfer payment method, the payment of the product is due at the same time as ordering the product, by forwarding it to the account number 10700354-43354601-51100005 (IBAN: HU70 1070 0354 4335 4601 5110 0005) kept at CIB Bank Zrt.
8.2. Cash on delivery order (only for the address in Hungary)
In case the chosen method is the cash on delivery, the ordered product will be paid to the courier service representative upon receipt of the sent package.
8.3 Payment by Credit Card via Braintree system
Payment for the product at the time of ordering the product is made in advance via Braintree's electronic payment service, which allows the User to pay conveniently and securely with a credit card in our web store. The service is provided by PayPal (Europe) S.à.r.l. Registration is not required for credit card payments, the User only needs to enter his/her credit card number, expiration date and CVC code shown on the back, as well as an active email address.
Types of cards that can be used for payment:
Mastercard or Maestro
Visa or Electron
Amex
Discover
JCB
UnionPay
Digital wallet: ApplePay
9. Delivery process, possibility of acceptance
The delivery of our packages to the User is carried out by the UPS Courier Service - the products can only be delivered during the working hours specified in the internal organizational rules of the courier service. The User will be informed about the delivery deadline before ordering. The delivery status of the package ready for delivery, from the date of issue of the consignment note to the delivery of the package, can be traced at https://www.ups.com/track?loc=en_US&requester=ST/. The User will also receive this information by email. The User is obliged to check the integrity of the package upon personal receipt of the product. In case of damaged packaging, the defect must be recorded in the report at the place of receipt, in addition to filling in the relevant forms of the courier service.
10. Terms of Use
10.1. Responsibility
The User may use the Website specified in point 1 only and solely at his/her own risk, and expressly accepts that the operator shall not be liable for any material or non-material damages caused during the use of the Website caused intentionally, by serious negligence or criminal offense, in addition to liability for breach of contract prejudicial to health and safety. The operator disclaims any responsibility for any unlawful conduct of the Users of the Website and that the User is fully and exclusively responsible for his/her own conduct. The User is obliged to ensure that the use of the website does not infringe the rights of third parties or the law, either directly or indirectly. The Service Provider may be entitled, but not obliged, to check the content that may be made available by the Users during the use of the website, and the operator is entitled, but not obliged, to look for signs of illegal activity in connection with the published content, and is not responsible for them.
The Service Provider shall not be liable for damages resulting from events beyond its control, such as damages resulting from the use of the Website, other technical errors or the supplier's reprehensible conduct.
10.2. Copyrights
All content on the Website, including the Website as a whole, is protected by copyright, therefore, the User shall be not entitled to copy, duplicate, distribute, perform, transmit, exhibit or translate it.
11. Warranty conditions:
The underwear online store www.luxurylingerie.shop does not sell products that would be covered by Government Decree 151/2003 (IX. 22.) on the mandatory warranty for certain consumer durables. The relevant rules of the Civil Code and the guidelines of Decree 49/2003 (VII.30) GKM "On the handling of warranty and guarantee claims enforced within the framework of a consumer contract" shall apply to the submission of warranty claims. The seller will replace or repair the purchased products under warranty within 6 months, in the event of a factory defect beyond 6 months, it is the buyer's responsibility to prove that the product was factory defective. A claim for a warranty is valid if the underwear has been handled and used in accordance with the instructions (sewn-in label) and you follow the instructions described on the website or printed out.
The invoice is required to validate the warranty claim.
In all cases, a report must be drawn up on the submission of the warranty claim, which must contain the details of the purchase and the fact of the objection. The report can be downloaded here.
Enforcement of warranty claims
You can assert your warranty claims at the following address:
Name: Belladonna Luxury Lingerie Limited Liability Company
Headquarters: Fillér utca 55/C, building A I/3, 1022 Budapest.
Email address: shop@luxurylingerie.shop
Phone number: +36 30 950 6309
If your warranty claim is valid, the costs incurred in connection with the exercise of this right (the cost of return) will be borne by the www.luxurylingerie.shop web store.
The underwear returned with a copy of the invoice will be inspected/examined in order to prove the fact that the underwear has not been affected by any external influences such as heat, scissors, chemical or possibly excessive physical affect, e.g. tearing, washing in washing machine or drying in a dryer machine, as these will automatically void the warranty.
If the deterioration in the underwear is due to a manufacturing defect, the defect will be rectified by repair or replacement within the 15-day period required by law. If neither repair nor replacement is possible, the rightholder may request a price reduction or withdraw from the contract. (for products unsuitable for wearing)
When asserting a warranty claim, the product will be replaced with one that has the same parameters as the originally purchased product. All costs of this product replacement will be borne by the website operator.
12. Right of withdrawal, termination (Government Decree 45/2014 (II. 26.))
The purchase in the Web store is considered to be a contract concluded between absentees, i.e. the contract is concluded in the absence of the simultaneous presence of the Service Provider and the User, thus pursuant to Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and to Directive 2011/83/EU of the European Parliament and of the Council, the User has the right of withdrawal (right to return the product, return guarantee).
12.1. Deadline for withdrawal/cancellation
The User is entitled to withdraw from this contract without giving any reason within 14 days. Similarly, if the performance of the contract has started in the case of a contract for the provision of the service, the User is entitled to terminate the contract within 14 days without giving reasons. The withdrawal / termination period expires 14 days from the date on which the Product is taken over by the User or a third party other than the carrier designated by the User. If the User wishes to exercise his/her right of withdrawal/cancellation, he/she must send a clear statement of his/her intention to withdraw/terminate (for example, by post, fax or electronic mail) to the following address: Belladonna Luxury Lingerie Kft., 6353 Dusnok, 4, István király utca. For this purpose, he/she may also use the sample statement of withdrawal/termination attached to these GTC, which can be found in Annex 1 to these General Terms and Conditions. The User exercises his/her right of withdrawal/cancellation within the deadline if he/she sends his/her notice of withdrawal/cancellation before the expiry of the above-mentioned deadline.
12.2. Legal effects of withdrawal/termination
If the User withdraws from this contract, the Service Provider shall immediately, but no later than within 14 days from the receipt of the User's statement of withdrawal, reimburse all consideration paid by the User, including transport costs, except for the additional costs that applied due to the User’s choice of a mode of transport other than the cheapest standard mode of transport offered by the Service Provider. During the refund, the Service Provider shall use the same payment method as in the original transaction, unless the User expressly consents to the use of another payment method; the User will not incur any additional costs as a result of using this refund method. The User may also fill in the withdrawal/termination statement form on the Service Provider's website [link] or submit another statement expressing his/her intention to withdraw/terminate. If the User decides otherwise, the Service Provider shall immediately confirm the receipt of the withdrawal/termination on a durable medium (e.g. by e-mail). The refund may be withheld by the Service Provider until the product is returned.
The User is obliged to return or hand over the product without undue delay, but no later than within 14 days of the notification of the withdrawal.
The Service Provider can only take back an unopened product attached to an invoice.
The deadline is considered to have been met if the User sends back the product before the 14-day deadline.
We will return the product at our own expense if the User indicates his/her intention to withdraw it by 17:00 on the working day following the receipt of the product at 06 30 950 6309 or at the email address shop@luxurylingerie.shop.
The User shall only be liable for the depreciation of the product if it has occurred due to use in excess of that required to determine the nature, characteristics and functioning of the product.
12.3. Exceptions to the right of withdrawal
Pursuant to Section 29 e) of Government Decree No. 45/2014 (II.26), the User shall not have the right of withdrawal in respect of a sealed product which, for health or hygiene reasons, cannot be returned after its opening. Further exceptions to the right of withdrawal and termination may be found in the section of the Government Decree referred to above.
12.4. The Service Provider’s cancellation of the order
If the User does not pay or transfer the full price of the ordered goods to the Service Provider, the Service Provider may unilaterally withdraw from the contract within 7 working days from the finalization of the purchase.
13. Enforcement Options
13.1. Complaints handling
The goal of the Service Provider is to fulfill all orders in the appropriate quality, for the complete satisfaction of the User. If the User still has any complaints regarding the contract or its performance, he/she may submit consumer complaints related to the product or the Service Provider's activities at the following contact details:
Name: Belladonna Luxury Lingerie Limited Liability Company
Headquarters: Fillér utca 55/C, building A I/3, 1022 Budapest.
Email address: shop@luxurylingerie.shop
Phone number: +36 30 950 6309
The Service Provider will investigate the complaint as soon as possible and remedy it if necessary, in case the nature of the complaint allows it.
If the User does not agree with the handling of the complaint, or it is not possible to investigate the complaint immediately, the Service Provider shall take minutes of the complaint and his position as soon as possible. A copy of it shall be sent to the User in the case of an oral complaint communicated in person, and in the case of an oral complaint communicated by telephone, it shall be sent to the User at the latest at the time of the substantive reply in the written complaint section. The Service Provider shall record the verbal complaint communicated by telephone with the identification number of the previous order, which helps to retrieve the complaint. The Service Provider is obliged to examine the written complaint within thirty days of its receipt and to respond to it on the merits, furthermore, to take steps to ensure that the response reaches the User. If the Service Provider rejects the complaint, it is obliged to justify its position in its substantive response to the rejection. The Service Provider is obliged to keep the record of the complaint and a copy of the response for five years. The Service Provider accepts the objections submitted by the Customer on weekdays between 10:00 and 15:00.
13.2. Other enforcement options
Please note that if your complaint is denied, you may initiate an official or conciliation procedure with your complaint, as follows:
The Consumer may lodge a complaint with the Consumer Protection Authority:
Pursuant to Government Decree 387/2016 (XII. 2) on the appointment of the consumer protection authority, the district office and the county office according to the county seat act in administrative matters in the first instance, and the Pest County Government Office has national jurisdiction in the second instance. Contact details of the district offices: https://jarasinfo.gov.hu
Under the Act CLV of 1997 on Consumer Protection, in the event of a complaint, the Consumer has the opportunity to apply to the Conciliation Body competent for the place of residence or stay, provided that he/she has previously made a direct attempt to resolve the dispute with the business concerned.
Contact details of the Bács-Kiskun County Conciliation Board:
Pest County Conciliation Board
Address: 2/4 25 Balassi Bálint utca, 1055 Budapest.
E-mail address: pmbekelteto@pmkik.hu
The Conciliation Board has the power to settle consumer disputes out of court. The task of the conciliation body is to try to reach an agreement between the parties in order to settle the consumer dispute, failing which it will decide on the matter in order to ensure simple, fast, efficient and cost-effective enforcement of consumer rights. At the request of the consumer or the Service Provider, the conciliation body shall advise on the rights and obligations of the consumer.
The Service Provider is obliged to cooperate in the Conciliation Board proceedings. In this context, it shall send its reply to the conciliation body and ensure the participation of the person authorized to reach an agreement at the hearing. If the registered office or premises of the company is not registered in the county of the chamber operating the conciliation body with territorial jurisdiction, the obligation of the company to cooperate extends to offer the possibility of concluding a written agreement in accordance with the needs of the consumer.
14. Privacy Policy
The User acknowledges that by using the service, he/she also provides his/her personal data to the Service Provider. Some of the personal data will be automatically transferred to the Service Provider, in particular the IP address and the type of the browser, and the other part with the consent of the User by filling in the registration form. The User acknowledges that registration is required to use the service, and the User voluntarily provides his/her personal data during registration. During the registration, the Service Provider clearly marks the data that the User is obliged to provide.
Personal data is all data on the basis of which the User can be directly or indirectly identified, in particular his/her name, address and e-mail address.
The Service Provider handles the personal data of the User in accordance with the applicable legal regulations - in particular with Act CVIII of 2001; Act VI of 1998 on the Protection of Individuals with regard to Automatic Processing of Personal Data; Act CXII of 2011 on the right to information self-determination and freedom of information; and Act CXIX of 1995 on the Management of Name and Address Data for the Purpose of Research and Direct Business Acquisition, while complying with the rules of international data protection standards. To this end, the Service Provider strives to inform the User in detail about the handling of his/her data and the principles of data management in connection with each of our services. The Service Provider considers the protection of the Users' data in all applications, procedures and data transmission and storage methods.
The Service Provider handles the personal data of the User in accordance with the provisions of these general terms and conditions, for the purpose of creating a contract for the provision of the service, determining its content, modifying its performance, invoicing the resulting fees and enforcing related claims. The Service Provider handles only the personal data necessary and sufficient for the identification of the User and the fulfillment of the above. The Service Provider is also entitled to handle the personal data that is technically necessary and essential for the determination and invoicing of the service fee and for the provision of the service.
The Service Provider does not pass on any information to unauthorized third parties - without the User's consent - from which the User's identity may be credibly established. The Service Provider keeps the data of the Users in all cases and ensures the security of the data. The Service Provider takes the necessary technical and organizational measures required by the applicable legislation, so that the personal data of the User is not endangered during the operation of the Website.
By using the services, the User consents to the use of personal data for an unlimited period of time as defined above. The User has the right to get acquainted with the personal data managed by the Service Provider and to request the possible correction or deletion of his personal data from the database, as well as the right to protest against the data processing. If the Service Provider does not agree with the protest, the User is entitled to apply to a court or the National Data Protection and Freedom of Information Authority.
15. Other
15.1. Terms and conditions, prices, product modification
The Service Provider reserves the right to unilaterally change these general terms and conditions and the prices of the products sold on the website. The change will take effect upon posting it on the Website and will only apply to orders placed after it takes effect.
15.2 Operating errors
Purchasing on the Website presupposes that the User is aware of and accepts the possibilities and limitations of the Internet at the User level, in particular with regard to technical performance and errors. The Service Provider shall not be liable if any malfunction is detected in the Internet network, which prevents the operation of the website and the purchase.
15.3 The Hosting Provider
Operator: V & Zs 98 Limited Partnership
Tax number: 20208657-2-09
Address: 21 Bartók Béla utca, 4251 Hajdúsámson
Phone: +36 52 999 337
Fax: +36 52 999 339
E-mail: info@szerverem.hu
Website: server.com
Attachments:
Annex No. 1 – Sample withdrawal declaration
SAMPLE DECLARATION OF WITHDRAWAL/TERMINATION (GOVERNMENT REGULATION 45/2014 (II.26))
(fill in and return only in case of intention to withdraw from the contract)
Warranty claim protocol