Boook Publisher Webstore

General Terms and Conditions

This document will not be filed, concluded only in electronic form, not considered as a written contract, concluded in the Hungarian language, and does not refer to any code of conduct. In case of any question related to the operation, ordering and delivery process of the webshop, we are at your disposal through the given contact details.

The scope of this GTC covers the legal relationships of the website (http://www.boook.hu) and subdomains of the Service Provider. This GTC is continuously available from the following website: http://www.boook.hu/altalanos-szerzodesi-feltetelek and can be downloaded from the following link: http://…/aszf.pdf

  1. DATA OF THE SERVICE PROVIDER:

Name of the service provider: Boook Publisher Kft.

Registered seat of the service provider (which is at the same time the place of complaint handling): H-1095, Budapest, Mester utca 87.

Contact information of the service provider, which is at the same time its electronic address used regularly to communicate with the customers: info@boook.hu

Company registration number: Cg.01-09-185381

Tax number: 14723340-2-13

Authority that registered the service provider in the registration: Company Registry Court of Budapest-Capital Regional Court

Phone number: +36 1 354 4800

Data protection registration number: NAIH-90659/2015.

Language of the contract: Hungarian

Name, address and email of the host: RetteSoft Bt., H-1211 Budapest, Kiss J. altb u 63. IV/42., rettesoft@rettesoft.hu

 

  1. GENERAL PROVISIONS:

2.1 For issues not regulated in this Code and for the interpretation of this Code, the Hungarian laws shall apply, with special regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on Certain Issues related to the Electronic Commercial Services and the Information Society (“Electronic Commerce Act”) and Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies. The binding provisions of the relevant laws are applicable to the parties without separate agreement.

2.2 This Code is entered into effect as of 1 December 2015, and remains effective until withdrawal. The Service Provider has the right to modify the Code unilaterally. The Service Provider publishes the modifications on the websites 11 (eleven) days prior to their effective date. Users, by using the websites, accept that all rules pertaining to the use of the websites are automatically applicable to them.

2.3 In case the User enters to the webshop website operated by the Service Provider, or reads its content in any way, also in case the User is not a registered user of the webshop, accepts this Code as binding. In case the User does not accept the terms and conditions the User is not entitled to see the contents of the webshop.

2.4 The Service Provider maintains all rights regarding the webshop website, any of its details and the contents displayed, and also the distribution of the website. It is prohibited to download, electronically store, process and sell the contents displayed on webshop or any of their details, without the written consent of the Service Provider.

  1. REGISTRATION/PURCHASING

3.1 The User, by conducting purchases/registering on the website, declares that he/she has learnt and accepts the terms and conditions of this GTC and the Privacy Policy displayed on the website, and consents to the data processing.

3.2 During purchasing/registration, the User is obliged to provide his/her own and real data. In case of false data provided during purchasing/registration or data related to any other person, the electronic contract to be concluded is null and void. The Service Provider excludes liability in case the User uses its services in the name of an other person or with the data of an other person.

3.3 The Service Provider is not liable for any delay, or other problem or failure, which can be traced back to data wrongly or incorrectly provided by the User.

3.4 The Service Provider is not liable for damages resulting from the fact the User has forgotten the password or it becomes available to unauthorised persons due to reasons not attributable to the Service Provider.

  1. PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE

4.1 The displayed products can be purchased only online. The displayed prices related to the products shall be interpreted as Hungarian forint values, they include VAT prescribed by law, however, they do not include the delivery fees. No additional packaging cost is charged.

4.2 In the webshop the Service Provider displays in detail the name of the product, its description, and displays a photo of the product. The photos displayed on the data page of the product may differ from reality, they may be displayed as illustration. We do not undertake liability for the difference between the photo displayed in the webshop and the actual appearance of the product.

4.3 In case sales price is introduced, the Service Provider completely informs the Users about the sale and its exact term.

4.4 In case incorrect price is displayed on the surface of the Webstore despite the Service Provider’s due diligence, with special regard to manifestly incorrect prices such as prices significantly different from the product’s publicly known, generally accepted or estimated price, or “0” or “1” Ft prices displayed due to system failure, the Service Provider is not obliged to deliver the product on the incorrect price, but may offer to deliver at the right price, knowledge of which price the Client may withdraw from the purchasing intent.

4.5 In case of incorrect price, there is gross disparity between the right and displayed price of the product, which should be realized by an average consumer. Based on Act V of 2013 on the Civil Code (Civil Code), the contract is concluded upon the mutual and consistent expression of the parties’ agreement. In case the parties cannot agree on the contractual terms, i.e. there is no statement mutually and consistently expressing the parties’ agreement, there is no valid contract, from which rights and obligations can be derived. Based on this, the confirmation of order on wrong/incorrect price shall be considered as a null and void contract.

  1. COURSE OF ORDER

5.1 Following the registration the User logs in the webshop.

5.2 The User sets the quantity of product or products to be purchased.

5.3 The User puts the selected products in the shopping basket. The User can any time view the content of the shopping basket by clicking on the “view” icon.

5.4 In case the User wishes to place further products in the shopping basket, the User chooses the “continue shopping” button. In case the User does not intend to buy further products, the User checks the quantity of the products in the shopping basket. By clicking on the “delete – X” button, the User can delete the content of the shopping basket. In order to finalize the quantity, the User clicks on the “refresh/refresh shopping basket” icon.

5.5 The User chooses the delivery address and then the delivery/payment method, types of which are the following:

5.5.1 Payment methods:

Payment upon delivery: In case the ordered product is delivered by courier service, it is possible for the User to pay the total amount of the order in cash to the courier when receiving the ordered product(s).

5.5.2 Delivery fees:

The delivery fee is HUF 990. In case of orders increasing HUF 45,000, we make individual delivery fee calculation depending on the weight of the package. Currently our webstore undertakes to perform domestic orders only.

5.6 In case there is a failure on the webshop in connection with the product or the prices, we reserve the right of correction. Should that be the case, following the realisation and modification of the failure, we immediately inform the buyer about the new data. The buyer subsequently confirms the order once again, or either party may withdraw from the contract.

5.7 The payable total amount includes all costs based on the order summary and the confirmation letter. The invoice, information on the withdrawal and the warranty letter are included in the package. The user shall examine the package in the presence of the courier, and in case of potential damages realised on the products or the packaging, he shall request to take minutes, and in case of damages, the User is not obliged to take over the product. The Service Provider does not accept subsequent complaints lacking minutes! The packages are delivered on working days between 8 a.m. and 5 p.m.

5.8 Following the provision of data, the User can send the order by clicking on the “order/sending the order” button, and once again before that, however, the User can check the provided data and send comments on the order or indicate his further wishes to us in connection with the order.

5.9 Correction of data provision failures: the User, prior to terminating the order process, can in each case return to the previous phase, where he can correct the provided data.

5.10 After the order is sent, the User receives a confirmation in email. In case the confirmation does not arrive to the User in a reasonable time calculated from the sending of the order and depending upon the type of service, but no later than within 48 hours, the User is exempted from the binding offer or the obligation to enter into a contract. The order and its confirmation shall be considered as arrived to the Service Provider and User when it becomes available to them. The Service Provider excludes its obligation to confirm, in case the confirmation does not arrive due to the fact that the User provided an incorrect email address in the course of registration, or the User cannot accept messages due to the fact that the server connected to the User’s email account is full.

  1. PROCESSING ORDERS AND PERFORMANCE

6.1 Orders are processed during the opening hours. It is possible to make orders also at times other than the opening hours, and in case the order is made after working hours, it will be processed on the following day. The helpdesk of the Service Provider confirms in each case in email the time when the delivery will be performed.

6.2 General performance deadline is 5 working days following confirmation. In case there is no agreement between the Service Provider and the User on the date of performance, the Service Provider shall perform on the date or within the deadline indicated in the warning of the User, in the lack of warning, within 30 days following the arrival of the order to the Service Provider, in accordance with the contract.

6.3 In case the Service Provider does not perform its obligations undertaken in the contract, because the product defined in the contract is not available, the Service Provider shall inform the User and shall reimburse the sum paid by the User immediately, but no later than within 30 days. The performance of this obligation does not exempt the Service Provider from the other consequences of its breach of contract.

6.4 The Service Provider is not liable for the modifications of the technical information not notified previously and made due to the supplier or reasons beyond its control. The Service Provider maintains its right to partially or completely refuse the orders already confirmed. Partial performance may be applied only after consulting with the User!

  1. RIGHT OF WITHDRAWAL

1.1 According to the provisions of Directive 2011/83/EU of the European Parliament and the Council and Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies, the User 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. In the lack of this information, the User is entitled to exercise the right of withdrawal for 1 year.

1.2 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 the product.

1.3 The User also exercises the right of withdrawal between the date of the conclusion of the contract and the day of receiving the product.

1.4 The fees of returning the product shall be borne by the consumer, the company did not undertake to bear these costs.

1.5 In case of exercising the right of withdrawal, the User shall not bear any other costs which are additional to the costs of returning the product, however, the Service Provider may claim for the compensation of financial damages resulting from misuse.

1.6. The User is not entitled to the right of withdrawal for not prefabricated product that was manufactured based on the order or the explicit request of the consumer, or for a product that was designed evidently for the person of the consumer.

1.7 The consumer may also not exercise the right of withdrawal in the following cases:

  1. for the services contract following the performance of the complete services, when the company commenced performance with the expressed, prior consent of the consumer, and the consumer acknowledged that, following the performance of the complete services, consumer loses the right of termination;
  2. regarding products or services price or fee of which is dependent on the fluctuation of the financial market, which is also possible in the deadline for exercising the right of withdrawal and cannot be influenced by the company;
  3. regarding perishable or rapidly expiring products;
  4. for products with sealed packing, which cannot be returned after their opening and following the receipt, due to health protection or sanitary reasons;
  5. regarding products that are inseparably mixed with other products due to their nature following the receipt;
  6. regarding alcoholic beverages of which actual value is dependent on the financial fluctuations that cannot be influenced by the company, and the price of which was agreed by the parties in the course of the conclusion of the sale and purchase contract, however, the contract is performed only after 30 days following its conclusion;
  7. for the services contract where the company contacts the consumer based on the explicit request of the consumer with the purposes of performing urgent repair or maintenance works;
  8. regarding the sale and purchase of the audio or video recordings with sealed packing or copy of computer software, where the consumer opened the packaging following receipt;
  9. regarding magazines, newspapers and periodical journals not including subscription contracts;
  10. contracts concluded at public auction;
  11. except from residential services, for service contracts of provision of accommodation, carriage, car leasing, catering or leisure activities, where a defined due date or deadline was agreed in the contract;
  12. regarding digital data content not provided on material data carrier, in case the company has commenced the performance based on the explicit, prior request of the consumer, and the consumer, simultaneously with the consent, declared that he had acknowledged that he would lose the right of withdrawal following the performance.

 

1.8 The Service Provider, following the return of the product/receiving the notice of withdrawal, in accordance with the above laws, shall reimburse the paid sum to the User immediately, but no later than within 14 days, including also the delivery fees.

1.9 In the course of reimbursement, we apply the same payment method as the one applied in the original transaction, except when the User gives his explicit consent to the application of an other payment method; the User shall not bear any additional costs resulting from the application of this reimbursement method.

1.10 The User shall return or take back the products to the address of the Service Provider without unreasonable delay, but no later than within 14 days calculated from sending of the notice of withdrawal from the contract to the Service Provider.

1.11 In case of written withdrawal, it is sufficient for the User to send the notice of withdrawal within 14 days.

1.12 The User complies with the deadline only in case the User returns/takes back the product(s) before the 14 days’ deadline terminates.

1.13 The consumer bears only the direct costs of returning the product, except when the company undertakes to bear these costs.

1.14 The Service Provider is not obliged to reimburse to the User those additional costs that result from the delivery method different from the normal cheapest carriage method offered by the Service Provider.

1.15 The User can only be made liable for the depreciation of the product where it is the consequence of the handling other than that necessary for the determination of the nature, characteristics and operation of the products.

1.16 The Service Provider may withhold the reimbursement until he has not received the product(s) or the User has not provided evidence concerning the fact that he had returned them, whichever is the earliest.

1.17 In case the User intends to exercise the right of withdrawal, it can be indicated in writing through either of the contact details of the Service Provider (even by using the attached data sheet) or via telephone. In case of written indication sent by post, we take into consideration the postmark and in case of indication made via telephone, we take into consideration the indication made via telephone. In case of indication sent by post, the Service Provider accepts indication sent by registered letter and package. The User may return the ordered product to the Service Provider by post or courier.

1.18 The User shall act with utmost care in the course of using the product, since the damages resulting from misuse shall be compensated by the User! Within fourteen days following the return of the product, the Service Provider reimburse the purchase price of the product including the delivery fees to the bank account provided by the User.

1.19 Government Decree No. 45/2014 (II.26) on the Detailed Provisions of Contracts Concluded between Consumers and Companies is available here.

1.20 Directive 2011/83/EU of the European Parliament and the Council is available here.

1.21 The User may also contact the Service Provider in case of any other complaints through the contact details found in this Code.

1.22 The company, i.e. a person acting for purposes which are outside his trade, business or profession, is not entitled to the right of withdrawal.

  1. Guarantee, warranty

Warranty rights

8.1 In what cases can the User exercise the warranty rights?

In case there is lack of conformity on the side of the company operating the webshop, the User may claim for warranty against the company in accordance with the rules of the Civil Code.

8.2 What rights does the User have based on his warranty rights?

The User shall have option to choose from the following warranty claims: the User can claim for repair or replacement, unless compliance with the warranty right chosen by the User is impossible or it results in disproportionate expenses on the part of the company as compared to the alternative remedy. When the User does not or cannot claim for repair or replacement, the User may ask for a commensurate reduction in the consideration, may repair it at the company’s expense or have it repaired with others, or, as a last resort, may even withdraw from the contract. The User may switch from the warranty right he has selected to another, the cost of the switch-over shall be covered by the company, unless it was made necessary by the company’s conduct or for other reasons.

8.3 Within what deadline can the User enforce his/her warranty claim?

The User shall notify the failure immediately but no later than within two months following the detection of the failure. In the same time, we call your attention to the fact that you cannot exercise warranty rights after two years of limitation period calculated from the performance of the contract.

8.4 Against whom can the User enforce the warranty claims?

The User can enforce warranty claims against the company.

8.5 What are the other requirements for exercising warranty rights?

Within the 6-month deadline calculated from performance, further to notifying the failure, there is no requirement for enforcing warranty claims, in case the User justifies that the product or the order was provided by the company operating the webshop. However, following the termination of the 6-month period calculated from performance, it is the User who shall prove that the failure detected by the User have already existed in the time of performing the contract.

Product guarantee

8.6 In what cases can the User exercise product guarantee rights?

In case of movable property’s (product’s) failure, the User may choose between exercising warranty or product guarantee rights.

8.7 What rights does the User have based on his product guarantee rights?

As product guarantee claim the User can claim only for the repair or replacement of the defective product.

8.8 In what cases is the product deemed defective?

The product shall be deemed defective if it does not meet the requirements related to conformity in effect at the time of placing on the market, or it does not meet the specifications provided by the manufacturer.

8.9 Within what deadline can the User enforce his product guarantee claims?

The User can enforce his product guarantee claims within two years effective from the date of placing the product on the market by the manufacturer. Following this deadline, the User loses this right.

8.10 Against whom and under what further circumstances can the User enforce his product guarantee claims?

The User can enforce his product guarantee claims only against the manufacturer or distributor of the movable property. In case of enforcing product guarantee claims, the defect of the product shall be proved by the User.

8.11 In what cases is the manufacturer (distributor) released from the product guarantee obligation?

The manufacturer (distributor) shall be relieved of warranty obligation if he is able to prove that:

– he manufactured or placed the product on the market in the course of operations other than in the course of its business activity or for purposes relating to his profession

– the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered, or

– the defect in the product was caused by the application of a regulation or a regulatory provision prescribed by the authorities.

It is sufficient for the manufacturer (distributor) to prove only one reason in order to be released.

I call your attention to the fact that you cannot enforce both warranty and product guarantee claims at the same time, in parallel with each other. However, in case you succeed in enforcing your product guarantee claim, you can enforce your warranty claim related to the replaced product or the repaired part against the manufacturer.

Commercial guarantee

8.12 In what cases can the User exercise his warranty rights?

For lack of conformity the company operating the webshop is obliged to provide commercial guarantee in accordance with Government Decree No. 151/2003 (IX.22) on Commercial Guarantee Related to Certain Durables.

8.13 What rights does the User have and within what deadline based on commercial guarantee?

The term of commercial guarantee is one year. The deadline of commercial guarantee commences on the day when the consumer product is handed over to the consumer, or, when the installation is performed by the distributor or his assignee, on the day of installation.

8.14 When is the company released from the obligation of commercial guarantee?

The company is released from the obligation of commercial guarantee only when it proves that the reason of the failure appeared after performance. We call your attention to the fact that regarding the same failure, you cannot enforce both commercial guarantee and product guarantee claims at the same time in parallel with each other, otherwise, however, the User is entitled to the rights resulting from the commercial guarantee regardless of the rights described in the chapter of the product guarantee and warranty.

8.15 The Service Provider is not liable for providing commercial guarantee, product guarantee or warranty for damages that result from normal wear and tear, and from wrong or negligent handling following the passing of risk, excessive use and exposures other than that defined, or for other misuse of the products.

  1. PROCEDURE FOR WARRANTY OR PRODUCT GUARANTEE

9.1 In the contract between the consumer and the company, the agreement of the parties cannot derogate from the provisions of the decree to the disadvantage of the consumer.

9.2 It is the obligation of the consumer to prove the conclusion of the contract (with invoice or even with receipt).

9.3 The costs incurred in connection with the fulfilment of warranty and product guarantee obligations shall be borne by the Service Provider (Civil code 6:166 §).

9.4 The Service Provider shall take minutes on the warranty, product guarantee or commercial guarantee claim of the consumer notified to it.

9.5 The consumer shall be provided immediately with the copy of the minutes by means which can be proved.

9.6 Where the Service Provider cannot provide comment on the fulfilment of the warranty or product guarantee claim of the consumer at the time of its notification, he shall notify the consumer about his position within five business days by means which can be proven, and in case of the refusal of the claim, also about the grounds for refusal and the possibility to turn to the conciliation panel.

9.7 The Service Provider shall keep the minutes for three years calculated from the day when it was recorded, and upon request it shall be presented to the controlling authority.

9.8 The Service Provider shall strive to perform the repair or replacement within no later than fifteen days.

  1. MISCELLANEOUS PROVISIONS

10.1 The Service Provider may employ subcontractors or agents for fulfilling its obligations. The Service Provider is liable for the conduct of that person as if he himself had carried out the unlawful act.

10.2 In case any part of this Code becomes invalid, unlawful or unenforceable, this does not affect the validity, lawfulness or enforceability of the remaining parts.

10.3 If the Service Provider does not exercise his rights to which he is entitled based on the Code, the failure of not exercising the rights cannot be deemed as waiver of those rights. Waiver of any rights is valid only in case of a related expressed written statement. The fact that the Service Provider once does not strictly insist on any essential part or clause of the Code, does not mean that he has waived the right to later insist on the strict compliance with the given condition or clause.

10.4 The Service Provider and the User try to settle their disputes amicably.

  1. ORDER OF COMPLAINT HANDLING
  2. It is the aim of our store to perform every order in adequate quality and with the complete satisfaction of the client. In case the User still has any complaint in connection with the contract or its performance, he can communicate his complaint via the above phone number, email or address.

11.2 The Service Provider examines the oral complaint immediately, and, if necessary, resolves it. In case the buyer does not agree with the handling of the complaint, or the examination of the complaint is not possible, the Service Provider immediately takes minutes on the complaint and his related position, and provides the buyer with one copy of it.

11.3 The Service Provider replies to the oral complaint within 30 days. The Service Provider justifies its position refusing the complaint. The Service Provider keeps the minutes recorded on the complaint and the copy of the reply for five years, and, upon request, presents it to the controlling authority.

11.4 We inform you that, in case of the refusal of the complaint, you can initiate the proceeding of the authority or conciliation panel through the following contact details.

11.5 The Service Provider, in order to settle the consumer dispute, applies the conciliation panel proceeding.

11.6 You may also turn to the Hungarian Authority for Consumer Protection with your complaint:

11.8 In case of your complaint you have the possibility to turn to the conciliation panel, the contact details of which you can find here:

11.9 The competence of the conciliation panel covers the out-of-court settlement of consumer disputes. The task of the conciliation panel is to attempt to create an agreement between the parties in order to settle the consumer dispute, and in the event of its ineffectiveness, it renders a decision in the case in the interests of ensuring the simple, fast, efficient and cost-effective enforcement of consumer rights. Upon the request of the consumer or the Service Provider, the conciliation panel provides advice in connection with the rights and obligations of the consumer.

11.10 In case of cross-border consumer dispute related to online purchase or online services agreement, the Arbitration Court attached to the Budapest Chamber of Commerce and Industry is exclusively competent in the procedure.

11.11 The Service Provider shall cooperate in the procedure of the conciliation panel. In that context he is obliged to send his response to the conciliation panel and ensure the presence of a person authorised for the conclusion of an agreement at the hearing. In case the registered seat or site of the company is not registered in the county competent for the chamber operating conciliation panel, the company’s obligation to cooperate covers the offer of the possibility of a written agreement complying with the needs of the consumer.

  1. INTELLECTUAL PROPERTY RIGHTS

12.1 Since Boook as website is considered as a copyright work, it is prohibited to download (reproduce), communicate again to the public, use in any other way, electronically store, process and purchase the contents displayed on the Boook website or any of its details, without the written consent of the Service Provider.

12.2 Even in case of a written consent, any material can only be taken over from Boook website and its database with referring to the given website.

12.3 The Service Provider retains his every right to all elements of his service, domain name, secondary domain names generated with them and his internet advertising spaces.

12.4 It is prohibited to adapt or decompile the content of the Boook website or any of its parts, create user accounts and passwords unfairly, use any application by which the Boook website or any of its part can be modified or indexed.

12.5 The Boook name enjoys copyright protection, and, with the exception of the reference, it can be used only with the written consent of the Service Provider.

12.6 The User acknowledges that for the use lacking copyright licence the Service Provider is entitled to penalty. The amount of the penalty is gross HUF 100,000 per photo and HUF 100,000 per word. The User acknowledges that this term concerning the penalty is not exaggerating and he browses the page with this knowledge. In case of copyright infringement, the Service Provider applies notary-certified copy of facts, the fee of which is charged on the infringing user by the Service Provider.

  1. DATA PROTECTION

The Privacy Policy of the website is available on the following page:

Adatkezelési tájékoztató

  1. ONLINE DISPUTE RESOLUTION PLATFORM

We undertake to apply alternative dispute resolution platform for the settlement of the consumer disputes. The online dispute resolution platform developed and operated by the European Commission is available by clicking on the link:

https://webgate.ec.europa.eu/ODR/main/index.cfm?event=main.home.show&lng=HU

The application of the online dispute resolution platform requires registration in the system of the European Commission, then, after registration, the consumer can submit his complaint via the website, if he was not able to directly settle the dispute with the company.

Following the submission of the complaint, the online dispute resolution platform immediately forwards the complaint to the opposing party. Following that, the persons concerned shall agree on a dispute resolution body, which will ultimately act between them in the case. The body informs the parties about those bodies that are competent in their case. When the agreement is concluded on the dispute resolution body, the online platform forwards the complaint to this body.

Where the parties cannot conclude an agreement within 30 days, or, based on the submitted data, the platform cannot identify a dispute resolution body that has competence in the case, the complaint will not be processed further.