The current General Contractual Conditions (hereinafter: “GCC”) sets out the rights and liabilities of Vavilo Kids Kft. (taxation No.: 22987866-2-03, registered office: 6000 Kecskemét, Vörösbegy utca 13., name of bank handling bank account: K AND H Bank Nyrt., bank account No.: 10402506-50526752-54511000), hereinafter: “Service Provider”) and the entity utilizing the electronic services provided on the website (hereinafter: “Purchaser”), hereinafter, Service Provider and Purchaser collectively: “Parties”.
The current GCC was drafted with due regard to the provisions of Government Decree 45/2014. The Service Provider shall inform the Purchaser of the liabilities specified by the legal regulation in the GCC and prior to making a purchase.
The current GCC comes into force on 1 January 2017.
1. General terms and conditions:
1.1 The operation of the webshop is regulated by the following legal regulations in addition to the Act specified :
Government Decree 79/1998 (IV.29.) on the Security of Goods and Services and Related Market Supervision Procedures;
Act CLV of 1997 on Consumer Protection;
Act 2001. CXII.
1.2 Vavilo Kids Kft. shall endeavour to provide the Purchaser with the most accurate information possible pertaining to product descriptions, colours and prices. Despite this, it may happen that there are divergences from the actual product, partly as a consequence of the different user monitor settings and partly as a consequence of misprints. Thus, Vavilo Kids Kft. does not accept liability for the colours displayed on the monitor, furthermore, it reserves the right to make corrections to textual errors, including to prices, without prior notification.
1.3 The Service Provider shall do everything in its power to ensure continuous, problem-free access to the website, and to the services available on the website, in particular the webshop, although it is unable to guarantee that there will not be interruptions or faults in the service operation. The company does not accept, and cannot undertake, any liability for damages caused by technical shutdown or interruption in the course of the operation of the system, or by activities or programs of a third party/parties.
1.4 The Service Provider shall archive – in electronic format – the order, and all related correspondence, for 30 days, while complying with all relevant data protection regulations, in order that the Purchaser can request information regarding this data handling at any time.
1.5 User data may be accessed exclusively by duly authorised members of staff of Vavilo Kids Kft. All data recorded in the course of registration shall be archived and used by Vavilo Kids Kft. exclusively for the purpose of the performance of contractual undertakings (purchase). Archived personal data of users (including e-mail address) shall be used by Vavilo Kids Kft. solely for its own promotional campaigns, it shall not disclose such data to third parties, except where the involvement of a subcontractor is necessary for the performance of contractual undertakings (for example, delivery of a purchased item). In every instance, the subcontractor shall be bound by conditions regulated in a contract, stipulating that it shall only be permitted to use the data of the user exclusively for the performance of contractual undertakings, that it is not in any way entitled to retain such data or to transfer such data to any third party, for any further use. The user acknowledges that the provision of data is voluntary, that his/her consent is voluntary and effective for an indefinite period, on the understanding that he/she can withdraw this consent in writing at any time.
2. Conditions of purchase and delivery:
2.1 The Purchaser of a product/s displayed in the webshop may be a natural person, legal entity or company without legal entity.
2.2 The Service Provider shall not conclude contracts with minors. By accepting the commercial conditions the Purchaser affirms that he/she is of legal age.
2.3 Ordering and purchasing from the webshop shall be permitted exclusively electronically, after full completion of the order form displayed on the website.
2.4 A purchase may be completed only inasmuch as the Purchaser accepts the current GCC, and records this fact for every order.
2.5 The Service Provider may modify, unilaterally, the GCC at any time, although it is required to inform Purchasers of this fact in a pop-up window when the website opens. No modification may run counter to the provisions of legal regulations.
2.6 The precondition to a purchase is an order. The procedure of ordering is shown in Appendix No. 1.
2.7 The Service Provider may edit a newsletter, although this newsletter may be sent exclusively to those persons who have previously subscribed thereto. The newsletter may be subscribed to, respectively unsubscribed, at any time.
2.8 The Service Provider accepts the e-mail address provided by the Purchaser as authentic. Despite the greatest due care and attention, security problems may arise in the course of e-mailing, for example, it is impossible to prevent the unobserved loss of e-mails, or the reading, modifying of e-mails by persons not authorized thereto, or their falsification. The Service Provider shall bear no liability whatsoever for any damages arising thereto.
2.9 In the instance that the liability undertaken in the contract is not fulfilled by the webshop due to the unavailability of the product set down in the contract, the webshop shall be required to inform the person placing the order accordingly.
3. Modification of order, right to rescind from purchase:
3.1 The Purchaser is entitled to modify – by e-mail – the order on the day that the order was placed, but latest by midday on the calendar day following the day that the order was placed. In the request for modification the Purchaser is required to indicate precisely the order data appearing in the confirmation, furthermore, that product the Purchaser would like to order instead of the earlier order. The Purchaser receives a new order number in the confirmation of the modification request. The Service Provider shall indicate the new expected date of delivery in the confirmation.
3.2 Once the Service Provider has transferred the ordered product to the courier the order may not be modified.
3.3 The Purchaser may rescind from the contract within 14 working days without giving reason, except where the nature of the ordered and delivered product does not allow for a return. The Purchaser shall be entitled to exercise the right to rescind from the contract exclusively prior to the packaging of the product. Products shall be accepted for return only in their original state and original packaging, in full original quantity and perfect quality. Products should be returned to the following address: Vavilo Kids Kft., 6000 Kecskemét, Vörösbegy utca 13. Customer service mobile number: 06 30 3 839 584. Upon expiry of the 14 workingday deadline for rescission, all rights shall be forfeited. The Purchaser shall be required to make notice of rescission in writing. Notice of rescission in writing shall be considered as falling within the deadline inasmuch as the Purchaser sent such notice to the Service Provider prior to the expiry of the above deadline.
3.4 In the instance of rescission the Service Provider shall refund the purchase price paid by the Purchaser latest within 14 days of rescission, to the bank account from where the purchase price was received, or if the purchase was cash on delivery, then the Service Provider shall return the purchase price to the given address. The Purchaser alone shall bear all costs arising from exercise of the right of rescission (postage costs, transfer charge etc.). The condition of retransfer or return of the purchase price is the return of the product in its original condition by the Purchaser. The Purchaser exercising the right of rescission shall be required to return the product at the same time as rescinding from the contract. The Service Provider shall be required to repay the total purchase price only if the packaging of the returned product is in its original state and the product is undamaged. Inasmuch as it is found that the packaging is damaged, the Purchaser alone shall bear all costs deriving thereof. However, the Service Provider may demand refund of damages arising from the misuse of the product. If the product returned on the basis of the rescission right is not in perfect, resaleable condition, then the person placing the order shall be required to pay compensation, inasmuch as the deterioration, damage of the state of the product, or the otherwise unviability of return, arose wilfully or through negligence. Inasmuch as it is proven – during unpacking of the product in the presence of the person carrying out the delivery (postal worker, courier) – that the product is damaged, and the damage arose prior to the receipt of the product, we shall take back the product. The minutes between the consigner-recipient shall include details of any form of damage or missing content during the course of delivery. The Service Provider shall not accept liability for any subsequent loss of content or damage.
3.5 Inasmuch as delivery of the product has already started, the Purchaser shall bear all costs arising from the return of the product due to exercise of the right of rescission. Inasmuch as the Purchaser rescinds from the intention to purchase prior to the start of delivery, then the Purchaser shall not bear any costs.
4.1 The valid gross price of the product in Hungarian forints (price includes 0% VAT) is shown next to all products on the Hungarian page, and the valid gross price of the product in Hungarian forints and euros (price includes 0% VAT) is shown next to all products on the English page at the Vavilo Kids Kft. webshop.
4.2 The Service Provider retains the right to change prices. Modified prices become valid once they appear online in the webshop.
4.3 It is possible that despite the due care and attention of the Service Provider, inaccurate prices are displayed in the webshop. Inasmuch as the Service Provider notices the inaccurate price display prior to despatch of the product, the Service Provider shall attempt to contact the Purchaser by telephone or e-mail with the aim of consultation, and inform him/her that the order is not considered valid. The Service Provider is not required to deliver a product at an inaccurate price. The Service Provider is entitled to offer to deliver the product at the true price, although the Purchaser is not obliged to accept this offer.
5. Payment conditions
Payment may be pre-payment by transfer or cash on delivery. Delivery of the ordered product by courier, or despatch by mail, shall take place within 3-5 working days after crediting of the purchase price to the bank account of the Service Provider.
Our webshop distributes first class, faultless products. Any complaints or problems with the products shall initially be directed to the Service Provider together with presentation of the original invoice.
7. Copyright declaration
The content, photographs, descriptions, graphics and trademarks appearing on the www.vavilokids.hu, www.vavilokids.com, www.vavilo.hu and www.vavilo.com sites represent the exclusively intellectual property of Vavilo Kids Kft. or its partners. The materials are authorized exclusively for personal or non-commercial use. The user is not entitled to modify, reproduce or make public any of the materials found here.
In compliance with the provisions of Act LXXVI of 1999 on Copyright, the website is subject to protection, and it may not be copied either in part or in whole. Unauthorized use shall be subject to criminal and civil legal proceedings.
8. Proprietary specifications
The delivered product remains the property of the Service Provider until full payment of the purchase price.
The provisions of effective legal regulations shall prevail in all matters not regulated in the current legal statement.