TERMS AND CONDITIONS FOR SALE OF PRODUCT
Yaw VR Ltd.
Hungary, Tatabanya, Tavaszmező street 2. 2800
Contact: Peter Simon ; email@example.com
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Product from the Seller;
1.2 "Product" means the articles to be supplied to the Buyer the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Product maintained by the Seller as amended from time to time;
1.5 "Seller" means Yaw VR Ltd.
1.6 Temrs and Conditions is under Hungarian Law
2.1 These Terms and Conditions shall apply to all contracts for the sale of Product by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in thedealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller inwriting.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the Buyer.
3.2 If you wish to purchase any product made available through the Purchase ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
3.2.1 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
3.2.2 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
3.2.3 Customer pays the Product price at the ordering stage of the Online store with credit card payment or wiretransfer. Payment service is provided by Borgun, bank details are not recorded at the Service Provider.
3.2.4 Service Provider will send an electronic invoice to the e-mail address provided by the Client after processing the order and completing the payment. Upon acceptance of the General Terms and Conditions, Customer agrees to the Service Provider providing an electronic invoice to the Customer. The withdrawal of this consent is possible by means of a clear legal statement addressed to the Service Provider - in the form of an email.
3.3 When choosing bank transfer as payment method, the payment of the price and VAT and any other applicable costs shall be due within 14 days of the date of receipt of the invoice supplied by the Seller.
3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.4.1 require payment in advance of delivery in relation to any Product not previously delivered;
3.4.2 refuse to make delivery of any undelivered Product whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.4.3 terminate the contract.
3.5 The seller is entitled to cancel orders when there is a clear mistake in the pricing information, that is it is clear that the price indication is wrong, for example in the case of exorbitantly high discounts or an extremely low price.
Any description given or applied to the Product is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on anydescription when entering into the contract.
5.1 Unless otherwise agreed in writing, delivery of the Product shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Product whenever they are tendered for delivery. Please note, that the shipping fee paid on the webstore does not include customs duties or other importation costs set by the recipient's country / state.
5.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
5.3 If the Seller is unable to deliver the Product for reasons beyond its control, then the Seller shall be entitled to place the Product in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
5.4 The Buyer shall be entitled to replacement Product where the Product have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
Risk in the Product shall pass to the Buyer at the moment the Product are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Product itself, risk will pass when the Product are entrusted to it or set aside for its collection, whichever happens first.
Title to the Product shall not pass to the Buyer until the Seller has been paid in full for the Product.
8.1 Product comes with replacement warranty because of the nature of the product. If the product is found to be defective, the Buyer shall repair it. If a component is found to be defective from the manufacturer's fault, Seller will replace the defective part free of charge. Replacement warranty is available within 12 months from the date of delivery, subject to the following conditions:
8.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
8.1.2 the defect being due to the faulty design, materials or workmanship of the Seller.
8.2 Where the Product have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Product shall be passed on to the Buyer. The Seller shall be entitled in its absolute discretion to refund the price of the defective Product in the event that such price has already been paid.
8.3 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
9.1.1 the correspondence of the Product with any description;
9.1.2 the quality of the Product; or
9.1.3 the fitness of the Product for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
9.2.1 the correspondence of the Product with any description;
9.2.2 the quality of the Product; or
9.2.3 the fitness of the Product for any purpose whatsoever.
9.3 All implied terms, conditions or warranties as to the correspondence of the Product to any description or the satisfactory quality of the Product or the fitness of the Product for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
10 LIMITATION OF LIABILITY
10.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
10.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
11 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
13 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
14 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Product shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full forceand effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Hungary (part of EU) and the parties hereby submit to the exclusive jurisdiction of the Hungarian courts.
Relevant hungarian laws:
Adatkezelés: 2011. évi CXII. törvény (Infotv.)
Elállás, termékszavatosság, kellékszavatosság, visszatérítés 45/2014. (II. 26.) Korm. rendelet Jótállás 151/2003. (IX. 22.) Korm. rendelet
Szerzői jogok 1999. évi LXXVI. törvény
A Szerződésre különösen az alábbi jogszabályok vonatkoznak: 1997. évi CLV. törvény a fogyasztóvédelemről; 2001. évi CVIII. törvény az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről; 2013. évi V. törvény a Polgári Törvénykönyvről (PTK); 151/2003. (IX. 22.) Korm. rendelet az egyes tartós fogyasztási cikkekre vonatkozó kötelező jótállásról; 45/2014 (II.26) kormányrendelet a fogyasztó és a vállalkozás közötti szerződések részletes szabályairól; 19/2014. (IV. 29.) NGM rendelet a fogyasztó és vállalkozás közötti szerződés keretében eladott dolgokra vonatkozó szavatossági és jótállási igények intézésének eljárási szabályairól
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