These terms and conditions are regulated by the laws of Hungary.
These terms and conditions (hereinafter referred to as the “GTC”) set outs the rights and obligations arising from the legal relationship created between the Service provider and those ordering products from www.creatimber.eu online shop.
The name of the online shop: creatimber.eu
The data of the operator of the online shop (hereinafter referred to as the “Service provider”):
Company name: Creatimber LTD.
Company registration number:13-09-187980
Seat: 2015 Szigetmonostor Bodza köz 4/b., Hungary
Tax number: 25987865-2-13
Bank account number: MAGNET BANK 16200230-10022434
Postal address: 2015 Szigetmonostor Bodza köz 4/b. Hungary
Telephone: +36 70 3341152
CREATION OF THE CONTRACT
Information on the process of orders:
Orders may be placed primarily through creatimber.eu online shop, while bulk orders, orders on a commercial scale or orders for specific products may be placed via the e-mail address email@example.com upon a separate consultation with the Seller. Customers are provided with information on orders by the Seller though electronic means (on the online shop surface or via e-mail).
Customers find information on the main characteristics of the products, the prices of the products including tax by clicking on the name of the product or the image of the product. The Customer may place the product in the virtual cart by clicking on the “Add to cart” button. The system displays an information line above the product’s data attached with a green check mark reading “[The name of the product”] is added to the cart” to confirm that the product has been added to the cart. The Customer may at any time check and modify the content of his or her cart (i.e. may delete products or change the quantity) by clicking on the cart icon as well as may use his or her discount coupon by writing the code of the discount coupon in the designated box.
If the Customer decides, after checking the data of the ordered product and the gross price of the product, to proceed with the order, he/she may do so by clicking on the button “Payment”. Orders may be placed after signing up or, for customers who have already signed up, after logging in, or without signing up/logging in. The Customer must provide his or her billing and shipping information (name, address, telephone, e-mail) that are required for performing the contract in the system and them must select the payment method.
When signing up and logging in, the Customer must provide data his or her data, required by the system, correctly. The Customer may finalise and send to Creatimber the order by clicking on the “Sending the order”. The order placed and finalised by the Customer qualifies as a purchase order.
The Seller confirms the delivery of the order by electronic means immediately. This automated confirmation e-mail informs the Customer exclusively on the delivery of the order to the Seller.
The Seller confirms by electronic means the content of the order (the name, quantity and purchase price of the ordered product; the payment method; and the Customer’s billing and shipping data) within 48 hours after the order has been placed at the latest in an e-mail sent to the e-mail address indicated by the Customer (hereinafter confirmation means such final confirmation by the Seller), indicating the order reference number. The order and the order confirmation are qualified as received when the addressee gains access to the content of the order or the order confirmation. If no order confirmation is delivered to the Customer, the Customer is no longer bound by the purchase offer.
The contract is concluded by electronic means upon the Seller’s sending the order confirmation to the Customer. The contract is concluded in Hungarian. The price of the ordered product(s) is the price that is valid at the time of the order and indicated in the order conformation.
Filing of orders
The Seller files received orders in her server. The Customer may follow the status of his or her orders on the page My account/My orders/Order History.
Products offer for purchase:
The Seller offers unique products designed by Creatimber attached with the logo Creatimber on the creatimber.eu online shop. The creatimber.eu online shop does not sell second hand products, defective product or product the quality of which is below the quality level of market standers. The main characteristics of the products are indicated on the pages of creatimber.eu. The images of the products offered for purchase in the online shop and the colours of the images may differ from the real colours of the products for the internet browser or the resolution of the monitor. The Seller assumes no liability for the possible differences between the images and the appearance of products.
The purchase price:
The prices shown next to the products in the online shop are given in Hungarian forint if the page is displayed in Hungarian and are given in euro of the online shop is displayed in English, including the amount of VAT set out in the law (gross price). The prices shown is either the full price, promotional price or a specific price resulted from other discounts (such as using a coupon), which applied to the Customer concerned or to a certain product. The purchase price does not include shipping costs which are payable in addition to the purchase price in line with the shipping costs applicable to the chosen shipping method, determined by the Seller in advance. The purchase price payable by the Customer is at all times the amount and currency that are shown in a legible and understandable manner next to the Customer’s cart in the course of the payment process. Obviously incorrect prices that are shown as a result of an administrative or system failure may not give grounds for the translation, and the Seller has the right to correct such prices, with the proviso that the Customer is entitled to withdraw from the contract. The final purchase price is given in the order confirmation in all cases.
The product may be paid for by a wire transfer, debit card (online transfer), or via PayPal.
The Customer may pay the purchase price of the product by electronic means if the product is shipped to the Customer and by wire transfer if the product is to be received in person at a pickup point. Receiving the product in person is free of charge.
The Seller reserves the right to exclude certain payment methods in certain cases, to require wire transfer in advance or to require advance payment in the case of certain individual orders or pre-orders. By way of wire transfer in advance, the Customer must pay the full purchase price to the bank account and in accordance the data indicated in the confirmation. The full purchase price is qualified as paid when credited on the bank account of the Seller or, if cash on delivery is applied, when paid to the courier.
The Seller undertakes to deliver products in the territory of Europe. The Seller informs the Customer via e-mail on the delivery deadlines in the course of the order process. If the deadline determined in the e-mail cannot be complied with, the Seller informs the Customer thereof via e-mail. If delivery outside Hungary would pose a disproportionate burden or risk on the Seller or the Agent of the Seller, the Seller is entitled to withdraw from the contract subject to repaying to the Customer the full amount of the purchase price and costs having been already paid by the Customer.
After the order is confirmed, the ordered product may be taken over in the method as indicated by the Customer when placing the order. If the possibility of taking over the product in person has been chosen, the product may be taken over at our Pickup Point or may be delivered via a courier service that is a contracted partner of the Seller to the Customer of the representative of the Customer. If the product is delivered and the Customer notices any damage to the product or its packaging, he/she must request the courier to take a record of the damage. If the packaging or the product is visibly damaged when received and the damage has incurred before being received, the Seller takes back the product free of charge.
If the Customer, when placing the order, selects delivery by a courier, must indicate a shipping address at which someone, who is entitled to receive the package, is available on working days (Monday to Friday) from 09:00 a.m. to 04:00 p.m. The billing address may differ from the shipping address. The electronic invoice issued on the purchase is sent to the e-mail address indicated during the process of the purchase. If no one is available to receive the goods from the courier, delivery will be attempted on one more occasion by the courier company, and if the second delivery is inconclusive, the package will be returned to the Seller. If necessary, the courier gets in touch with the Customer calling the phone number indicated in the order.
If the Customer pays by wire transfer, the goods may be delivered, or dispatched by the courier service only after the purchase price is credited in the bank account of the Seller.
Right of withdrawal:
The provisions of this point relate and apply only to natural person customers acting for purpose outside their trades, occupations or business activities (consumer as per Section 8:1 (1) point 3 of Act V of 2013).
In the case of a distant contract, the Customer is entitled to withdraw from or terminate the purchase contract without explanation within fourteen days after (i) the product, (ii) if more than one product is the subject of the purchase and the products are provided at different dates, the product provided last, (iii) ac) of the product consists of more than one item or piece, the last item or piece, has been received by the Customer he Customer of a third part, other than the courier, designated by the Customer. The Customer may exercise the right of withdrawal in the period from the day on which the contract has been concluded to the day on which the product is received. The Customer is entitled to withdraw his or her offer until the contract is concluded and the Customer will be no longer bound by the offer.
The Customer may exercise the right of withdraw in a respective express statement in writing, by electronic means (firstname.lastname@example.org) or by sending a copy, filled out, of the statement sample as per Government Decree No. 45/2014 (II. 26) Korm., attached to this GTC, to the postal address of the Seller. The order reference number and the invoice confirming the purchase are required for exercising the right of withdrawal. If withdrawing from the contract in writing, it suffices to send the statement of withdrawal to the Seller within 14 days after receiving the product. The Seller considers the date of posting, if the notice is send by post, or the date of delivery of the e-mail, if the notice is sent via e-mail, when calculating the deadline. The direct costs of returning the product are borne by the Customer.
In the case of withdrawal from the contract, the Seller reimburse, through the payment method having been applied by the Customer, the full amount paid as consideration by the Customer, including all costs incurred in connection with the performance, immediately but no later than within fourteen days after becoming aware of the withdrawal. Upon the express consent of the Customer, the Seller may reimburse such amount through another payment method, however, the consumer should not incur any additional costs for that payment method. If the Customer expressly choses a shipping method other than the usual shipping method with the lowest costs, the Seller is not obliged to reimburse the additional costs arising from that shipping method. The Seller is entitled to retain the full amount paid as consideration by the Customer until the Customer returns the product or proves beyond doubt that the product has been sent back to the Seller; from the two dates, the earlier data must be taken into account. The Seller, if having undertaken to transport back the product in person, is not entitled to retain the money. The Seller is obliged to reimburse the full purchase price only if the product received by the Seller is undamaged and complete; the Seller is entitled to enforce claims for damages arising from unintended use against the Customer. The Customer is not entitled to exercise the right of withdrawal, pursuant to Section 29 of Government Decree No. 45/2014 Korm., in particular with regard to non-prefabricated products that have been produced upon the instruction or express request of the Customer or for products that have been adjusted to the person of the Customer.
The Customer may enforce warranty claims against the Seller for the Seller’s defective performance.
The Customer may, upon a consumer contract, enforce his or her warranty claims for defects that existed at the time when the product was delivered within a limitation period of 2 years starting on the day when the product was received by the Customer,
In the context of enforcing warranty claims for material defects, the Customer may request that the defective product be repaired or replaced, unless reparation or replacement is impossible or would cause disproportionate extra costs to the Seller. If the Customer did not request or could not request repairmen or replacement, he/she may request a discount, repair the product or get the product repaired at the Seller’s costs, or may withdraw from the contract if the Seller did not undertake to repair or replace the product or was unable to repair or replace the product or the Customer’s interest in the reparation or replacement of the product has ceased to exist. Withdrawal for insignificant defects is not allowed. The Customer may change to another right of warranty for material defects from his or her original choice of right for material defects, but he/she must bear the costs of the change except if the change was justified or cause to do so was given by the Seller. The Customer must notify the Seller of the defect immediately but no later than within two (2) months after noticing the defect.
If the Customer qualified as consumer, it must be presumed, until proven to the contrary, that the defect noticed by the Customer within six months after performance existed already at the time of performance except if this presumption is incompatible with the nature of the thing or the characteristics of the defect and if the presumption has been rebutted. However, after six months of the performance, the Customer must prove that the defect existed already at the time of performance.
Limitation of liability:
The Seller assumes no liability for defects, inconvenience and direct or indirect damage caused by technical (hardware, software) and/or communication (internet) infrastructures used for connecting to the creatimber.eu online shop, whether or not the defects, inconvenience and direct or indirect damage was caused by the normal operations or extraordinary, non-normal operation of the server or of the client-side applications.
Customer complaints are handled in writing, the complaint submitted to the address of 2015 Szigetmonostor, Bodza köz 4/b. or in the e-mail address email@example.com. The Seller sends his or her opinion made as a result of investigating the complaint and simultaneously informs the Customer of the legal remedies available against the response given to the complaint, within 30 days.
If a possible legal dispute between the Seller and Customer cannot be resolved upon negotiations between the parties, the Customer may initiate court proceedings, and in the case of a consumer complaint, the Customer is entitled to turn to the department of consumer protection of the government office of territorial competence or the Conciliation Board operating in conjunction with the competent chamber of commerce and industry (the list of conciliation boards is available on http://www.fogyasztovedelem.kormany.hu/node/8579). The Customer may also use the online dispute resolution (ODR) which is available from https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
The Seller is entitled to send newsletters and other advertisement to the Customer provided that the Customer has provided his or her express and voluntary consent in advance. The Customer is entitled to withdraw his or her consent at any time, and in this case the Seller sends no more newsletters or other advertisements to the Customer and deletes the Customer’s data from the data of subscribers to the newsletters.
The Customer may turn to the Seller’s employees with his or her questions, remarks and complaints related to the order at the aforementioned contact information.
The data protection provisions applied by the Seller are available to Customers upon opening the Data Protection and Data Processing Policy posted on the creatimber.eu webpage.
Matters not regulated in this General Terms and Conditions are governed by the provisions of Act V of 2013 on the Civil Code and, for consumer contracts, of Government Decree No. 45/2014 Korm. on the detailed rules of contracts concluded by and between consumers and enterprises as well as of other relevant laws.
The Seller is entitled to unilaterally amend the General Terms and Conditions at any time. Amended provisions apply to orders placed after the amended provision has become effective.
The provisions of this General Terms and Conditions are effective as of 29 November 2019 until being revoked and/or amended.
Act CXII of 2011 (Information Act)
Withdrawal, product warranty, warranty for material defects, reimbursement
Government Decree No. 45/2014 (II. 26.) Korm.
Government Decree No. 151/2003 (IX. 22.) Korm.
Act LXXVI of 1999
The contract is governed in particular by the following Acts:
Act CLV of 1997 on consumer protection;
Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
Act V of 2013 on the Civil Code;
Government Decree No. 151/2003 (IX. 22.) on compulsory guarantee for certain consumer durables; Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts concluded by and between consumers and enterprises;
Ministerial Decree No. 19/2014. (IV. 29.) NGM of the Minister of National Economy on the procedural rules for administering warranty and guarantee claims on products sold to consumers under a contract between the consumer and enterprise.