Terms and Conditions
Szimpla Design Shop Webshop
https://szimpladesign.com
This Terms and Conditions (T&C) contains general contractual conditions on using Szimpla Design Shop Webshop, operated by Szimplak Kft. (hereinafter referred to as: Service Provider). If a user of this webshop (hereinafter referred to as: User or Customer) intends to use the services of this webshop and make a purchase, User shall accept this T&C. User can do so by clicking on the corresponding checkbox during submitting a purchase order.
By accepting the T&C, a contract is concluded between Service Provider and User based on the T&C. Failure to accept terms and conditions means that User will not be eligible to use the services of this webshop and cannot submit purchase orders. By submitting a purchase order, User agrees to all points of T&C, and binds themselves to the terms and conditions thereof. This document is kept in electronic forms only and will not be registered with a reference number (it does not constitute a written contract).
Data of Service Provider
Name: SzimpLak Kft.
Registered seat: 1073 Budapest, Kertész street 48.
Registration number:
Commercial register No.:
Company registration number: 01 09 975619
Tax number: 13958501-2-42
Bank account number: 12010659-00150972-00100003 – Raiffeisen Bank
Contact person: Benedek Kópis
E-mail: info[at]szimpladesign[dot]com
Data of Hosting Service Provider
Name: MAXER Hosting Kft.
Registered seat: 9024 Győr, Répce street. 24
Company registration number: 08-09-013763
Tax number: 13670452-2-08
Phone: +3612579913
E-mail: info@maxer.hu
Available Products and Services
The range of products listed in the webshop is available for online purchase and it does not necessarily match the range of products we currently have in the physical store. Certain products may not be in stock. These items are labeled as “Orderable”. Products labeled as “In-stock” are readily available.
Price and specifications of a product available for purchase can be found on the corresponding product page. The price indicated next to a product is the gross purchase price including 21.26% VAT. The price does not contain possible shipping costs which may arise.
Service Provider reserves the right to change the product purchase price. The new purchase price shall take effect on the date of its publication on the website.
Pictures shown on product pages may occasionally differ from the actual product, and in certain cases, they only serve illustrative purposes.
Ordering Process
Registration
Ordering does not require registration, however, it is easier for registered users to order again, in addition, extra services are provided thereto by Webshop.
To register, User shall fill out and submit the registration form, and after logging in to the webshop, the registered User can easily submit their purchase order.
Customers without registration shall also provide details necessary to fulfill purchase orders. Failure to do so means that no sales contract will be concluded. Service Provider shall not accept and shall not be obliged to fulfill the purchase order if the completed registration form contains evidently incorrect or false data. Service Provider shall notify User of this through the contact information provided by the User.
Purchasing
Users can add products they wish to purchase to the cart by clicking on the “Add to Cart” button. Out-of-stock products are labeled as “Out of stock”, meaning they are not available at the moment. There may be products whose size/package size/color can be chosen in the drop-down menu. The required quantity of a particular product can also be selected on the product page.
Input errors made during purchasing can be modified and corrected before the purchase order is finalized. Products can be removed from the cart and their quantity can be changed at discretion on the order summary page.
Before submitting a purchase order, User can select a payment and shipping method and then, by clicking on the “Finalize order” button the purchase order will be sent to the webshop. This may take place only if User accepts the T&C and Privacy Statement.
Order Confirmation
Service Provider sends an automatic order confirmation e-mail of the User’s submitted order to the e-mail address given in the purchase order. The order confirmation e-mail contains the name(s) and purchase price(s) of the ordered product(s) and the data necessary to fulfill the purchase order. Sending the order confirmation e-mail constitutes acceptance of the offer and concludes the sales contract.
User agrees that the concluded contract is considered a written contract governed by Hungarian law. Provisions of this T&C shall apply to the contract.
The contract concluded is written in Hungarian, and the webshop automatically stores it in electronic forms.
In case the automatic order confirmation e-mail contains incorrect data or does not arrive, User shall notify Service Provider within 24 hours. (It can happen that order confirmation e-mails directly go to the “Spam” folder, so User is advised to check this folder, too.)
Payment Methods
— Bank card payment
Shipping Options and Costs
— Courier services: Parcels of the webshop are delivered by the courier service DPD Hungária Kft. Shipping costs are to Hungary 1990 HUF per package.
— Personal pick-up: Szimpla Design Shop 1073 Budapest, Kazinczy street 14.
After selection the destination country the system will charge the fee set the DPD delivery Company
Germany, Austria, Slovakia, Czech Republic, Poland: EUR 19
Romania, Croatia, Slovenia, Switzerland, the Netherlands, Belgium : 24 EUR
France, Bulgaria, Estonia, Ireland, Sweden, Latvia, Denmark, Luxembourg, Italy, England, Lithuania: EUR 29
Norway, Finland, Serbia, Greece, Spain, Portugal, Bosnia and Herzegovina: EUR 41
The shipping cost of certain products (e.g. furniture, fragile items) may differ from the usual shipping costs described above. Costs actually incurred for these items are shown separately on their product page.
Service Provider reserves the right to change shipping fees. The new fee shall take effect on the date of its publication on the website.
Order Fulfillment
Delivery usually takes 3-10 business days. If the expected delivery time differs from it, Service Provider shall notify the User. There are some products that are made to order, their delivery time may be longer, and the expected time is indicated on the product data sheet. The ordered products are shipped together, so unless otherwise agreed, a product with a longer shipment time will be decisive for the expected delivery date.
If the ordered product is not available, Service Provider shall notify the User accordingly, offering a substitute product or another option. After having been notified, User can withdraw from the contract or modify the purchase order.
Right of Withdrawal
According to the provisions of Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies, the User (Consumer) may withdraw from the contract without giving any reasons and send back the ordered product within 14 days following the receipt of the ordered product.
The deadline applicable to exercising the right of withdrawal terminates on the 14th day calculated from the day on which the User or third person other than the carrier indicated by the User takes over
- a) the product,
- b) the last delivered product of a multi-product order if separate products are delivered at different times,
- c) the last delivered item or part of a single product if items or parts thereof are delivered separately.
User as a consumer can exercises the right of withdrawal by an explicit statement relating thereto. The right of withdrawal shall be considered enforced within deadline if the consumer sends their statement before the deadline. It is the Consumer’s responsibility to show evidence of having enforced their right of withdrawal in accordance with this provision.
If Consumer legally withdraws from the contract, Service Provider shall immediately — but no longer than fourteen days after having become aware of the withdrawal — reimburse the full amount (including costs incurred in connection with the performance) paid by consumer as remuneration. In the case of legal withdrawal, Service Provider shall reimburse the sum due to Consumer by the same method that was used by Consumer. Service Provider may use other methods for the reimbursement upon expressed agreement by the User, but no extra charges may burden Consumer as a result of this. If User has specifically chosen any other method of transportation than the least expensive one, Service Provider shall not be obliged to reimburse the additional charges arising from it.
Costs of returning the product shall be borne by User. Service Provider shall not be obliged to accept products sent by the cash on delivery method.
User cannot exercise their right of withdrawal in the case of non-pre-manufactured products that were made upon the User’s instructions or specific request, or products that were customized to the Consumer.
This point shall not apply to the consumer’s right to exercise the right of withdrawal between the date of the conclusion of the contract and the day of receiving the product.
User can exercises the right of withdrawal by an explicit statement relating thereto, sent to the following e-mail address: ……..
The statement sent by the User shall include the User’s data (which is necessary to fulfill obligations of the webshop), time of purchase, order number, and information about the product concerned.
Guarantee Obligation
In case of a faulty performance, Service Provider is subject to a guarantee obligation (for a period of six months commencing at the time of the handover of the product to User). Service Provider shall only be exempt from their liability undertaken in the guarantee if they prove that the reason of the defect arose after the performance. Please note that User cannot enforce an implied warranty claim and a guarantee claim, or a product warranty claim and a guarantee claim regarding the same defect simultaneously and in parallel with each other, otherwise User’s guarantee rights are granted independently from their rights for warranty.
Implied Warranty
According to the provisions of the Civil Code of Hungary, User can make an implied warranty claim to Service Provider in the case of faulty performance.
At your own discretion, you can choose from the following implied warranty claims:
You can request repair or replacement, unless the claim you choose is impossible to enforce, or it would result in unreasonable additional costs for Service Provider in comparison with enforcing other claims. If you did not or could not request replacement, then you can ask for the proportional reduction of remuneration, or you can repair the product yourself, or have it repaired at Service Provider’s expense, or as a last resort, you can withdraw of the contract.
You can shift from your chosen right for implied warranty to another one, but you shall bear the expense of it, unless it was justified or necessitated by Service Provider.
It is the User’s obligation to report the defect immediately after having become aware of it, but no later than within 2 months after discovering it. After the two-year limitation period from the completion of the contract, User cannot enforce their implied warranty claim.
There are no other conditions for enforcing your implied warranty claim than communicating the defect within 6 months from fulfillment if you can justify that the product was provided by Service Provider. After 6 months from fulfillment, however, the User needs to prove that the defect identified was already present at the time of delivery.
Product Warranty
In the case of defects of products — at User’s discretion — User can enforce their right for product warranty.
User can only request repair or replacement of a defective product in their product warranty claim.
A product is defective if it does not meet the quality requirements in effect at the time of placing it on the market, or if it does not have the properties included in the manufacturer’s description.
User can enforce their product warranty claim within two years from the placing of the product on the market by the manufacturer. After this time, this warranty will expire.
You can enforce your claim for product warranty exclusively against the manufacturer or distributor of the product. When enforcing a product warranty claim, User needs to prove the defectiveness of the product.
Service Provider is exempt from their product warranty obligation only if they can prove the following:
— the product was not manufactured or placed on the market as part of their business activity, or
— the defect was not identifiable with the up-to-date technology at the time of placing the product on the market, or
— the defect of the product is a result of adhering to a law or a requirement by an authority.
The manufacturer (distributor) is required to prove only one of the reasons.
Please note that you cannot enforce your claim for implied and product warranty at the same time, in parallel, regarding the same defect. However, after having enforced your product warranty claim successfully, you can enforce your implied warranty claim regarding the replaced product or the repaired part, against the manufacturer.
Guarantee claims and warranty claims shall only be enforced on presentation of the purchase invoice.
Limitation of Liability
If Service Provider’s website includes links to other websites, no liability shall be imposed on Service Provider for the operation thereof. Furthermore, if other websites contain information of Service Provider’s products different from those on this website, no liability shall be imposed on Service Provider for that information.
Service Provider takes no responsibility on any grounds for any direct or indirect damage caused by connecting to the webshop through the Internet.
Service Provider shall not be held liable to pay compensation in the possible event of delay in delivery or complete failure to deliver.
Personal Data Security
Personal data provided to the webshop are used in compliance with the current regulations of the Privacy Act. Provided personal data are treated as confidential and Service Provider shall only use those in order to fulfill purchase orders. In cases where it is not organically related to the fulfillment of purchase order, Personal data, in any forms, shall not be distributed to third parties.
In order to deliver the products ordered, the following data will be given to the shipping agent:
— recipient’s name (from shipping address)
— company name (from shipping address)
— full shipping address
— order total (in case of cash on delivery)
— customer’s phone number and other contact information.
Detailed Privacy Statement
Copyrights
Service Provider’s website is subject to intellectual property rights. Therefore, texts, photos, illustrations, or any other content which is subject to intellectual property rights on this website shall not be used by unauthorized parties.
Complaint Management
User may turn to Service Provider with their complaint related to product purchasing. User can send a complaint to the above mentioned e-mail address or postal address. User’s complaint shall be immediately examined by Service provider and the User submitted the complaint shall be informed about the result of the examination.
If the complaint has been refused after the examination, User may turn to the following organizations to enforce their rights:
— authority for consumer protection,
— Budapest Arbitration Board,
— court.
Service Provider is entitled to modify the provisions of the current T&C unilaterally, at any time.
For issues not regulated in this T&C, provisions of the Civil Code of Hungary, Act CVIII of 2001 on Electronic Commerce and on Information Society Services, and Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies shall be applied.
If new legislation is introduced in relation to the electronic commerce services of this website, that new legislation shall be applied to issues not regulated in this T&C.
Budapest, 1st of March 2020.
