General Contractual Conditions (GCC)
The present General Contractual Conditions (hereinafter referred to as GCC) includes the rights and obligations of the customer (hereinafter referred to as the Customer) using the online commercial services of Bagabags Trade Kft (hereinafter referred to as bagaboo) via its webshop under www.bagaboo-bags.com
1. Commercial data and contact of bagaboo:
Company name: Bagabags Trade Kft (Bagabags Trade Limited Liability Partnership)
Registered seat: 4025 Debrecen, Simonffy utca 4-6, 1.em 123A
Tax ID number: 29176634-2-09
EU tax no: HU29176634
Registration authority: Hajdu Bihar County Court as Court of Registration
Company registration number: 09-09-032651
Shop: 6th district of Budapest, Szív utca 11. (Bajnok Bike Shop)
Custom orders may be placed and picked up in person at the shop:
Tuesdays between 3-6 p.m.
Order information (phone): +36-20-362-8059
E-mail: info@bagaboo.hu
Data of the host provider:
Company name of the host provider: DEJAHU Informatikai és Szolgáltató Kft.
Registered seat of the host provider: Hungary
H-8621 Zamárdi, Csokonai str 5
Electronic contact of the host provider:
info@deja.hu
Website of the host provider: https://www.deja.hu
Data processing registration number of bagaboo:
2. General provisions:
2.1. The scope of this GCC covers all electronic commercial services within the territory of Hungary, which are made through the webshop (hereinafter referred to as Webshop) of the websites www.bagaboo.hu and www.bagaboo-bags.com. The purchase via the Webshop shall be regulated in accordance with the provisions of Act CVIII of 2011 on Electronic Commercial Services, the Government Decree 45/2014. (II.26.) and the Act V of 2013 (CC), which include and regulate the detailed rules of the contracts between the consumer and bagaboo.
2.2. A purchase through the Webshop is made by an electronically sent purchase order, in accordance with the conditions herein.
3. The process of purchase
3.1. Products sold, sales prices:
3.1.1.a. The relevant features and characteristics of the products may be revealed to the Customer by clicking on the article in the Webshop. Under the legal standards and regulations, bagaboo may include an instruction for use to the products traded.
3.1.1.b. The relevant features and characteristics of the custom-made products may be revealed to the Customer by clicking on the article in the Webshop and the further parameters (like colour, design, etc.) may be defined individually, in line with their wishes. Pictures and colours of the products are illustrations; therefore, they might deviate from their colour in reality. Under the legal standards and regulations, bagaboo may include an instruction for use with the products traded.
3.1.2. In any case, the sales price is the gross price indicated next to the chosen article. The prices indicated shall not be deemed as a direct offer and they do not include any shipment costs but the packaging.
3.1.3. Shall there be an incorrect price indicated for the product, bagaboo shall not be obliged to sell the product at the incorrect price. In this case bagaboo shall inform the Customer about the mistake and the correct price of the product, who then may withdraw from their request to purchase.
3.1.4. The Provider shall retain its right to change the sales price without justification, provided that the modification shall simultaneously enter into force by appearing on the website. No amendment shall affect the sales price of any product already ordered.
4.2. Purchase orders
4.2.1. Customers may place their order in the Webshop (either for a ready-made or a customized product) by putting the item(s) into their virtual shopping cart and clicking the “order” button.
Unlike in case of simply choosing the ready-made product, the Customer shall design its customized product in the “Táska tervező” (by choosing size, colours, extras) and see the end-product in the picture automatically generated by the Webshop.
After choosing the product, Customers shall give their personal data, shipping and billing address for billing purposes under the point “Adatlap” and shall choose the shipping and payment conditions.
Shipping methods:
Personal delivery: free (Budapest, 6th district, Szív u. 11, on a previously agreed date)
GLS courier service, inside EU
Via regular post: price offer sent to the Customer uniquely
Payment methods:
-Cash or credit card at personal pickup,
-COD upon delivery with DPD/ UPS parcel service,
-Paypal
-Credit card payment on the website (SIX payment services)
-Bank transfer
The Customer may check the list of products to be ordered by clicking on “Order summary”. The Customer may place its order by clicking on the “order” button. Before clicking the “Order” button, the Customer may change the shipping and payment methods by using the “Back” button.
4.2.2. Placing a product(s) to be ordered in the virtual shopping cart of the Customer shall not be deemed as a contractual offer, a call for proposal or a purchase order, Customer may delete these items at any times and without any further consequences from its shopping cart before finalizing the purchase order. Before finalizing the purchase order the Customer states that he learned and agreed to the content of this present GCC.
4.2.3. Order date of the product is the date of the order delivered to bagaboo by the Customer through the Webshop. Upon receipt of the order the Customer shall receive an automatically generated mail sent to the e-mail address indicated in the order, with a list of items of the purchase order placed. The automatically generated e-mail only serves as a confirmation of the order placed and received by the provider, and shall not be deemed as a confirmation of the purchase order or a contractual statement. It shall not be deemed as a confirmation of the purchase order as defined in Section 4.2.4. The automatically generated mail shall not mean that the product ordered is in stock.
4.2.4. The enterprise shall confirm the purchase order – within 48 hours upon receipt of the purchase order, excluding bank holidays and other public holidays, either via e-mail or telephone – and inform the Customer about the estimated time of shipping or personal delivery.
4.2.5. Any feedback from the enterprise towards the Customer with a unique content, such as a temporary shortfall in stocks, a request for further information in case of customized products or informing them about as described in Section 4.1.3., may not be deemed as a confirmation of the purchase order as defined in section 4.2.4.
4.3. Conclusion of the contract
4.3.1. Shall the Customer only receive an automatically generated system message (Section 4.2.3.) from the provider, in the absence of a confirmation and a statement of acceptance, the contract between the Parties shall not yet be considered as concluded.
4.3.2. The contract concluded is considered to be a contract in a written form, in Hungarian language. In case of no withdrawal, the contract and the concerning data shall automatically be deleted from the system as the withdrawal deadline as defined in Section 5.1.1. had elapsed. The Contract may not be filed by bagaboo.
4.4. Payment
4.4.1. By clicking the “Order” button, the Customer is bound to its contract offer and – upon confirmation of the purchase order by the Enterprise as defined in Section 4.2.4. – incurs a payment liability.
4.4.2. The Customer fulfils its payment obligations in the following three ways:
• Cash/credit card payment upon personal delivery in the shop of bagaboo
• Paypal
• Credit card payment on the website
• Bank transfer (in advance to the bank account number sent to the Customer by bagaboo via e-mail).
4.4.3. Payment methods may be chosen by the Customer upon placing the purchase order.
4.5. Shipment
The Customer shall be informed about the estimated time of delivery / shipment of the product(s) by bagaboo along with the confirmation of the purchase order. Shall the estimated time of delivery / shipment of the product(s) be modified for any reason, bagaboo shall inform the Customer immediately.
4.5.1. Personal delivery
The Customer may pick up the ordered product(s) in person in the shop of bagaboo within a previously agreed deadline, this agreement is met via telephone or e-mail.
4.5.2. Home delivery via courier
Home delivery of the ordered product(s) via courier may follow within a previously agreed deadline, on an agreed place and date.
Home delivery via courier is subject to charges, to which the Customer is obliged to pay. The current rates of delivery are published by bagaboo on the website www.bagaboo-bags.com
4.5.3. Regular post
The Customer may choose the ordered product(s) to be sent via regular post. The estimated time of this shipment method is about 2 days, however, bagaboo does not take responsibility for the accuracy of the service. The Customer is obliged to pay the fees applying to the postal service. The current rates of postal delivery are published by bagaboo on the website www.bagaboo-bags.com
Shipment methods may be chosen by the Customer upon placing the purchase order.
5. Withdrawal from purchase
5.1. Deadline for the exercising of the right of withdrawal:
5.1.1. Based on the Government Decree 45/2014. (II.26.), the Customer may:
– from the day of the receipt of the product,
– in case of having purchased various products, and the receipt of the respective products may happen to various dates, the date of the last receipt,
withdraw from the concluded contract within 14 (fourteen) days without jurisdiction. The Customer may exercise this right of withdrawal in the time period between the day of the contract’s conclusion (Section 4.3.1.) and the takeover of the product(s).
5.2. Exercising the right of withdrawal:
5.2.1. The Customer may exercise its right of withdrawal by an explicit statement. Model instruction withdrawal is contained in the present GCC under Annex I. Customer may send the withdrawal statement to bagaboo as follows:
E-mail: info@bagaboo.hu
Phone: +36-20-3628059
5.2.2. Shall the Customer transmit the withdrawal statement to bagaboo before the deadline, the exercise of the right of withdrawal shall be deemed as timely accurate.
5.2.3. The Customer shall not exercise its right of withdrawal as per Section 3 of Government Decree 45/2014. (II.26.), in particular:
– in case of a non-ready-made product, which had been produced upon the instructions or the explicit request of the Customer (a product customized by the Customer), or if the product had been customized uniquely to them.
5.2.4. Exercising its right of withdrawal, the Customer shall act in good faith, the right of withdrawal shall be exercised in accordance with its intended purpose. Any exercise of that right by the Customer shall not lead to any abuse of the right.
5.3. Obligations of the parties in case of withdrawal:
5.3.1. Obligations of bagaboo:
Bagaboo shall immediately – but latest within 14 (fourteen) days after becoming aware of the claim – reimburse the Customer the total amount paid for the product.
Bagaboo shall reimburse the Customer in the same payment method as the Customer had chosen with the initial purchase order. Upon explicit request of the Customer, bagaboo may perform the reimbursement using a different payment method.
Bagaboo may withhold to perform of the reimbursement, as long as the Customer returns the product or proves its return unequivocally.
5.3.2. Obligations of the Customer
Customer shall immediately – but latest within 14 (fourteen) days after its claim of withdrawal – return the product to bagaboo or to an authorised person to take over the product on behalf of bagaboo, unless bagaboo itself undertakes to transport the product. Shall the product be returned before the deadline; the return is deemed as timely accurate.
Shall the Customer choose a shipment method different from the least costly option, bagaboo shall not reimburse the extra costs arising.
The Customer shall bear the costs of any return. Customer shall be responsible for the depreciation due to excessive use, necessary to set out the features, character and functioning of the product.
6. Warranty, liability for defects, product warranty:
6.1. Warranty
6.1.1. Warranty obligation of bagaboo shall cease in the following cases:
– misuse of the product or excessive loading,
– storage of the product in a wet place for a longer period of time,
– re-designing of the product,
– breakage or damage of the locks / lock devices due to incorrect or negligent use.
6.1.2. Warranty shall not cover for natural wear and tear and damage arisen after purchase.
6.2. Liability for defects/product warranty
6.2.1. In a case of defective performance, the Customer may enforce a claim for product warranty, as defined in CC.
6.2.2. Based on their claim for liability for defects, the Customer may, by their choice:
a) claim repair or replacement of the product, unless the chosen right of liability for defects is deemed to be impossible to perform, or if it may result for bagaboo – over the performance of another liability for defect – in disproportionate additional costs, considering the value of the product in its original, sound condition, the gravity of the infringement, and the conflict of interest caused to the Customer by the fulfilment of the right of liability for defects; or
b) claim the proportionate reduction of the price, repair the product or have it repaired at bagaboo’s expense, withdraw from the contract in case bagaboo shall refuse the repair or replacement of the product, may not be able to fulfil this obligation of his, or the interest of bagaboo to repair or replace the product had ceased. There is no scope for withdrawal due to an insignificant defect.
6.2.3. The Customer may switch from one chosen right of liability for defects to another at its own expense, unless there was a valid reason for the swap, or it was due to bagaboo.
6.2.4. The Customer shall inform bagaboo of the defect immediately, but not later than 2 (two) months after its discovery. The right of the Customer to validate its right of liability for defects shall cease after 2 (two) years after purchase, with the expiry of the limitation period.
6.2.5. Shall the Customer inform bagaboo of the defect and prove that the product had been purchased directly from bagaboo, there shall be no further obstacle to validate their right to claim liability of defect within 6 (six) months of performance of the contract. Shall 6 (six) months pass after the performance of the contract, the Customer shall be required to prove that the defect had been present at the time of the performance of the contract.
7. Enforcement of rights:
7.1. The Customer may turn to the enterprise with questions, enquiries resp. complaints in the following ways:
In person: at the shop of the enterprise as defined under Section 2.3.
In writing: by a postal consignment sent to the postal address of the enterprise
By telephone: on the telephone number as defined in Section 1.
E-mail: by an electronic mail sent to info@bagaboo-bags.com
In the process of the complaint handling the enterprise shall act in accordance with the provisions of the Act CLV of 1997 on Customer Protection.
7.2. Further potential to the enforcement of rights:
Hungarian Authority for Consumer Protection: The Customer shall be entitled to turn to the competent customer protection authority at their place of residence. The authority shall take a decision on carrying out a consumer protection procedure upon decision on the complaint. The jurisdiction of the customer protection authority shall not cover the control of the legal compliance of the relevant provisions regarding the conclusion, validity, legal effect and termination of the contract.
Conciliation panel: shall be competent to resolve any disputes between the Customer and bagaboo regarding quality and safety of the product, the application of the product liability rules, quality of the service provided and the conclusion and performance of the contract between the parties (hereinafter referred to as customer legal dispute), in out-of-court settlements: for that matter, the conciliation panel shall aim to establish an agreement between the parties. Should this result in no action, the conciliation panel shall reach a decision to grant a simple, fast, efficient and inexpensive way of enforcing customer rights. The conciliation panel shall advise about the rights and obligations of the Customer upon request of the Customer or that of bagaboo.
The competent conciliation panel at the place of bagaboo’s residence:
Hajdu Bihar Megyei Békéltető Testület / Hajdu Bihar County Conciliation Panel
Address: 4025 Debrecen, Vörösmarty utca 13-15
E-mail address: bekelteto@hbkik.hu
Telephone: 0036 52 500 710
Judicial proceedings: The Customer shall be entitled to implement their claim resulting from a customer legal dispute at court in civil proceedings, in accordance with the provisions of Act V of 2013 on CC and Act III of 1952 on Civil Procedure.
8. Data protection
8.1. During the registration process and that of the purchase order bagaboo only requires information form the Customer implicitly necessary for the processing of the purchase order and the shipping. Bagaboo shall not transfer these data to any third party, except data necessary for the shipping of the product. By finalizing the purchase order, the Customer allows bagaboo to handle their data provided in an adequate degree, in order to perform the contract concluded, for billing and shipping purposes. This data shall be deleted by bagaboo after the performance of the contract and the expiry of the withdrawal period, except the data of the accounting documents, as according to national law, accounting data shall be kept records of.
In case of any claims regarding data protection the Customer may turn to the National Agency for Data Protection (1125 Budapest, Szilágyi Erzsébet fasor 22/C).
9. Miscellaneous
9.1. Bagaboo shall only be intended to sell their products to customers, companies and end-users via their Webshop and shop. Therefore, bagaboo retains the right not to accept any contractual offer, where there is a suspicion of a further commercial resale purpose.
9.2. Bagaboo shall only be intended to sell a quantity of their products via their shop and Webshop, that may be used in a household. Should it be reasonable to suppose, that the Customer may exceed this quantity – including the case when the same Customer aims to purchase several items of the same product by placing several purchase orders thus exceeding the normal household quantity – bagaboo retains the right to refuse to perform the given purchase order.
9.3. Any information available on the website had been placed there in good faith and serve for information purposes only, bagaboo does not take responsibility for the accuracy, completeness and possible errors of the content thereof.
9.4. Should the Customer notice objectionable content on the website, they shall immediately inform bagaboo on the matter. Should the notice hereof be deemed to be well founded by bagaboo within their procedures carried out in good faith, bagaboo shall be entitled to delete or modify the concerned information immediately.
9.5. The enterprise shall be entitled to amend the conditions of the GCC hereof unilaterally at any times.
Annexes: Annex I: withdrawal statement template Annex II: Model instruction withdrawal on warranty, liability for defects and product
Annex I.
Model instructions on withdrawal
(fill in and return to the below address only if you wish to withdraw from the contract)
Addressee: Bagabags Trade Kft, 4025 Debrecen, Simonffy utca 4-6, 1.em 123A
E-mail: info@bagaboo-bags.com
Telephone: +36-20-467-7745
I, the undersigned, certify, that I am to exercise the right of withdrawal/termination regarding the contract on the purchase of the product(s) or service(s) below:
Date of contract / date of receipt of the product:
Customer(s) name:
Customer(s) address:
Customer(s) signature: (only necessary if the statement is paper-based)
Date
Annex II.
Model instruction withdrawal on warranty, liability for defects and product warranty
1. Liability for defects
In what cases are you entitled to exercise your right on liability for defects?
You shall be entitled to exercise your right to liability for defects according to the regulations of the CC in case of a defective performance.
What rights are conferred to you regarding to your claim for liability for defects?
You may exercise the following claims regarding to a claim for liability for defects according to your choice:
You may claim repair or replacement of the product, unless the chosen performance of the claim is deemed to be impossible to perform, or if it may result in disproportionate additional costs for bagaboo – over the performance of another claim. In case you may not wish to or you are not entitled to claim repair or replacement of the product, you may claim the proportionate reduction of the price or you may repair the product or have it repaired at bagaboo’s expense, or as a last resort you may also withdraw from the contract.
You may switch from one chosen right of liability for defects to another at your own expense, unless there was a valid reason for the swap, or it was due to the enterprise.
What is the deadline for enforcing your claim of liability for defects?
You shall inform bagaboo of the defect immediately, but not later than 2 (two) months after its discovery. Please note that the right of the Customer to validate its right of liability for defects shall cease after 2 (two) years after purchase, with the expiry of the limitation period. In case of a used product this deadline is ………….. 23, but no longer than 1 (one) year.
Whom are you entitled to implement your claim of liability for defects to?
You may implement your claim of liability for defects to the enterprise.
What other conditions apply to the exercise of your right of liability for defects?
Shall the Customer inform bagaboo of the defect and prove that the product or service had been purchased directly from bagaboo, there shall be no further obstacle to validate their right to claim liability of defect within 6 (six) months of performance of the contract. Shall 6 (six) months pass after the performance of the contract, the Customer shall be required to prove that the defect had been present at the time of the performance of the contract.
2. Product warranty
In what cases are you entitled to exercise your right on product warranty?
In case of a defective product, you may enforce your right defined under Section 1. by your choice or a right on product warranty.
What rights are you entitled to according to your claim for product warranty?
As a claim for product warranty you may only request the defective product to be repaired or replaced.
What is deemed to be a defective product?
A product is deemed to be defective in case of a non-conformity with the quality requirements valid when placed on the market or if it may not display the features as described by the manufacturer.
What is the deadline for enforcing your claim for product warranty?
You may implement your claim within 2 (two) years from the date when the product was placed on the market by the manufacturer. After this period of time, you are no longer entitled to do so.
Whom are you entitled to implement your claim of product warranty toand what other conditions may apply?
You may only exercise your right for product warranty towards the manufacturer of the distributor of the product. In case of a product warranty dispute, you shall prove the deficiency of the product.
In what cases is the manufacturer (distributor) exempted from the obligation for product warranty?
The manufacturer (distributor) shall only be exempted from their obligation for product warranty, if they can prove, that:
– the product had not been marketed in the scope of their business activity, or
– the defect in question had not been recognizable at the state of scientific or technical knowledge at the time when the product was put into circulation, not allowing them to detect the existence of the defect, or
– the defect of the product lies in a legislation or the application of a compulsory authority standard.
The manufacturer (distributor) shall be able to prove one of the above criteria to be exempted from the obligation of product warranty.
Please note, that you shall not be entitled to implement a claim regarding liability for defects and product warranty at the same time, simultaneously. Shall your claim for product warranty be successful, you may implement a liability for defects on the repaired or replaced part of the product towards the manufacturer.