GENERAL TERMS AND CONDITIONS which contains the rights and obligations of Cogitatus Korlátolt Felelősségű Társaság (Cogitatus Limited Liablilty Company) (head office: 1052 Budapest, Petőfi S. u. 11, company registration number: 01-09-909501, tax number: 14561821-2-41) hereinafter referred to as Service provider and
the Client (hereinafter referred to as Client) consuming the electronic commercial services provided by Cogitatus Kft.
Service provider and the Client hereinafter jointly referred to as: Parties
This agreement hereinafter referred to as GTC.
Service provider obtains the permission MKEH-NEHITI 6246/1/2009 issued by Magyar Kereskedelmi Engedélyezési Hivatal Nemesfémvizsgáló és Hitelesitő Hatósága (Precious Metal Assay of Hungarian Trade Licensing Office)
1. General information, conclusion of the agreement between the Parties
1.1. The scope of this agreement shall cover every electronic commercial service provided in the territory of Hungary which has been consumed through the electronic marketplace (hereinafter referred to as Webshop) available on www.magma.hu (hereinafter referred to as Website).
1.2. Purchase in the Webshop is possible by orders placed via electronic means, in a way specified in this GTC.
1.3. The Client is entitled to use the services provided by the Webshop if he/she accepts the clauses of GTC as binding.
1.4. The agreement is concluded when the Client fills in all the compulsory entries of the order sheet and after checking the entered data he/she clicks on the “order” icon. The agreement which has been concluded – in Hungarian language – between the Parties has to be regarded as a written agreement; the Service provider files it and keeps it for 3 (three) years after its conclusion.
2. The order
2.1. Information page of the product includes the main characteristics, features as well as the instructions related to the use of the product. All the items in the picture gallery of the Webshop are custom-made applied art products which have been produced in a limited number of copies and carry the artist’s mint master mark.
2.2. The purchase price is the price (gross price) next to the chosen product. The purchase price of the product does not include the shipping cost.
2.3. The Service provider reserves the right to change the purchase price of the products available in the Webshop and the modification enters into force when the new price appears in the Webshop. The modification does not affect the purchase price of the products which had been ordered before the price change. In the case when despite the exercise of the Service provider’s all due diligence, incorrectly stated price appears in the Webshop, especially the obviously mistaken “0 HUF” or “1 HUF” price originating from for example system failure, the Service provider is not obliged to deliver the product on the mistaken price but it may offer the delivery at the correct price and in its view the Client may withdraw the purchase.
2.4. Service provider accepts the order only if the Client provides all the entries compulsory for the order. (If the Client fills an entry inaccurately or incompletely, Service provider sends an error message.) Service provider shall not take responsibility for any delay or other problems of delivery if it is attributable to inaccurate or incomplete data provided by the Client during the order process.
2.5. Service provider hereby informs the Client that the products available on the website are unique products meaning that they are produced in limited number and post-produced items may be slightly different from the picture shown on the website. In case the artist cannot produce that quality – colour, varnish, etc. – the Service provider shall inform the Client. If the website indicates only one single copy of a product which cannot be reproduced by the artist then the Client shall acknowledge it. (Defined number of copies or shortage of raw material, etc can be among the possible reasons.)
2.6. By sending the order the Client declares that he/she accepts the General Terms and Conditions and regards it as binding on him/her.
2.7. Service provider is obliged to confirm the purchase via electronic means (e-mail) right after receiving the Client’s order. If Service provider fails to send the confirmation within 72 hours after the receiving the order, Service provider’s binding period and the Client’s obligation to purchase are terminated automatically without any further conditions.
3. Delivery and payment
3.1. Takeover of the product may occur personally at a place described in the confirmation or with the help of a courier service.
If the Client chooses delivery service, Service provider delivers the product ordered by the Client from the Website to the place which has been given by the Client at a defined time specified in the order confirmation.
3.2. After the order has been confirmed the Client shall pay the purchase price in advance by money transfer to the bank account 11714006-20441708 held at OTP Bank according to the proforma invoice received in e-mail (name of the purchased product has to be noted).
3.3. Preparation or delivery time described in GTC starts after the confirmation is accepted by the Service provider and the Client as well as the purchase price appears on the Service provider’s bank account. The Seller shall not be obliged to start the delivery until the full purchase price of the order has not been received.
3.4. Every article is insured against any damage incurring during delivery, the insurance cost is an integral part of the delivery cost of the Product.
The courier service delivering the product tries to take the article over to the Client, not more than twice (2), at a time to be agreed in advance. After the second unsuccessful trial, the article shall be delivered back to the Seller.
3.3.1. The product ordered, available and appropriate in size (for example tablecloth, ring) shall be delivered within maximum 3 working days by a courier service to the delivery address.
3.3.2. In case the ordered product is not available, Service provider hereby undertakes to provide the product as soon as possible. The average deadline is 14-21 working days. The Client receives the ordered product by delivering it to the delivery address in this case as well.
3.3.3. In the case Service provider is not able to provide the ordered product, Service provider transfers the purchase price paid in advance back to the Client not later than 15 days after the information.
3.4. If the Client experiences any damage or deviations, the courier service shall be obliged to hand the product over item-by-item and shall draw up minutes on the spot. The courier service shall take the responsibility for the arising damage.
4. Possibility for the right of withdrawal from the service
4.1. The Government Decree 17/1999 (II.5) includes the legislation related to exercising the right of withdrawal from written orders.
4.2. The Client has the right to exercise the right of withdrawal:
4.2.1. The Client may withdraw from the purchase without any explanation within 8 days from the receipt.
Date of receipt shall be when the Client received the product, which is noted in the documents of the courier service.
4.2.2. If the Client sends the unopened and intact product and the invoice back to the Service provider’s address (1052 Budapest, Petőfi S. u. 11) at his/her own cost, Service provider transfers the purchase price back to the given bank account within 15 days.
Reimbursement does not include the freight.
4.3. The Client is not entitled to exercise the right of withdrawal:
4.3.1. – if the Client purchases a product which is linked to the Client personally or it was produced according to the Client’s instructions or at his/her explicit request (for example custom-made tablecloth, bedspread, unique china, ring, etc) if the sizes, colours and other parameters were measured and given by the Client
4.3.2. – if the Client has put the product into use and cannot send it back to the Service provider without damage. In this case, Service provider shall not be obliged and does not undertake the responsibility to repurchase the product.
4.4. If the ordered product is defective or it got damaged during the delivery (according to the courier service’s report) Service provider undertakes to replace it for free. In case the replacement of the defective or damaged product is not possible, the Client may choose from receiving a price discount or has the right to withdraw from the purchase.
5. Warranty, guarantee
5.1. In relation to the responsibility for warranty and guarantee of the Service provider, provisions of the Civil Code as well as the 49/2003 (VII.30) GKM (Ministry of Economy and Transport) shall apply.
5.2. The Client is not entitled to exercise the right for the guarantee in case of inappropriate use of the product. Chemical products, alkaline-, acidified-, saline-, chlorinated- or thermal water, cosmetic products may cause colouration on the surface. Damage deriving from scratching or shocks is not included among the responsibility of guarantee as well.
6. Other provisions
6.1. Service provider hereby declares that in relation to content and data on its sites the information is accurate, real and relevant and does not infringe the rights of any third Party.
Service provider also declares that in compliance with the relevant law in force, it will publish only such information and news which have been received, prepared and edited by itself, the subject to whom it relates contributed to the publication and their personality rights has not been infringed.
Service provider shall take all the necessary steps for the utmost accuracy of the data (price, availability and description of the product) presented on its sites
In case of applied art products, it is important to know that the artist’s intellectual work is as essential as their weight and size.
6.2. Because of the purchase from the Website, it is assumed that the Client is aware of the technical limitations of the Internet; moreover, he/she accepts the error possibilities related to the technology.
Service provider shall not take responsibility for any delay or other problems of delivery if it is attributable to inaccurate or incomplete data provided by the Client during the order process. Service provider shall not take the responsibility for any damage resulting from the situation that due to any reasons – not attributable to the Service provider – unauthorized people accessed the Client’s data.
6.3. Service provider shall not take the responsibility for any damage arising from the access to the Website. The Client shall be required to undertake the protection of his/her computer and the data stored on it.
6.4. Service provider has the right to send marketing materials, invitations and notices to the Client until the withdrawal or cancellation of his/her consent.
6.5 Protection of the Clients’ data is pursuant to the provisions of Act LXIII of 1992 on the Protection of personal data and the disclosure of information of public interest.
6.6. Service provider has the right to modify the condition of this GTC. The modifications enter into force when they appear on the Website.
6.7. Service provider considers the Code of Conduct of the Hungarian Advertising Association and the Association of Hungarian Content Providers to be binding on itself.
6.8. Handling of customers’ complaints is carried out in writing via the email@example.com e-mail address, or personally on the Service provider’s premises from Monday to Tuesday between 10 am and 7 pm.
6.9. Contracting Parties shall take all the necessary steps settle any arising disputes by negotiation. In case the Parties fail to settle their disputes by negotiations, Contracting Parties- depending on the amount in dispute – hereby confers the exclusive jurisdiction of Pesti Központi Kerületi Bíróság (Central Court of the District of Pest) or of the Fővárosi Bíróság (Budapest Municipal Court).