Terms and Conditions
This document contains the general contract conditions concerning the use of the webshop called www.hawaiipharm.eu (hereinafter referred to as Webshop) operated by Fam Pharm Kft., sole trader (hereinafter referred to as Service Provider) as well as the general conditions of the contracts concluded during shopping in the Webshop. The name of this document hereinafter is ÁSZF.
The Service Provider informs the buyers [hereinafter referred to as Customer(s)] that the contents recorded in this ÁSZF were determined by the Service Provider beforehand so that the detailed arrangements of the specific contracts concluded between the Customer(s) and the Service Provider can be determined in case the services provided by the Service Provider (i. e. purchase of clothing items) are supplied. In accordance with this the contents of this ÁSZF become the part of the specific contracts concluded between the Parties by means of accepting them. Therefore the Service Provider asks her visitors with due respect to get acquainted with this ÁSZF before they use the service and to use the service provided by her only in case they accept every point of this ÁSZF as binding upon them.
The Service Provider and the Customer(s) are hereinafter referred to as Parties.
The scope of the ÁSZF and applicable law:
The data of the Service Provider:
Name: Fam Pharm Kft., sole trader
Seat: 27, Malomházi street, Sopron. 9400
Registration number: 08 09 031856
Tax number: 27933628-2-08
Email address: firstname.lastname@example.org
The range of the products that can be ordered:
It is possible to do the shopping in the Webshop by means of an order placed electronically, in the way determined by this ÁSZF. Registration in the Webshop is NOT necessary when an order is to be placed.
Every natural or legal person or any other unincorporated organisations are entitled to use the services of the Webshop if they have given all the data necessary for fulfilling the order and accepted the contents of this ÁSZF as binding upon them. The ÁSZF is accepted by ticking the relevant box before the order is placed.
The purchase price of the products, other costs:
The purchase price of the products is given in EUR.
We hereby call the attention to the fact that the purchase price of the products contains the contributions and taxes to be paid after sale but the transport costs – which depend on the chosen mode of transport and the destination of the delivery – must be paid separately. You can get informed regarding the methods of payment and transport as well as their fees in Point V. of the ÁSZF.
The Service Provider reserves the right to change the price of the products that can be ordered from the Webshop. The modification becomes effective at the same time as it appears in the Webshop. The modification does not influence the price of the products that have already been ordered. If despite all the diligence of the Service Provider wrong price appears on the surface of the Webshop, especially prices like “0” or “1” EUR, which are obviously wrong as they are significantly different from the generally accepted or estimated price of the product and appear due to a possible system error, the Service Provider is not obliged to deliver the product at the wrong price but they can offer delivery at the right price. Knowing this, the Customer may not intend to purchase the product.
The Service provider does not charge any separate fees for packaging.
The final amount to be paid, which is written in the summary prior to finalising the order, contains the price of the product to be purchased plus VAT, reduced with the amount of the gift voucher or any other coupon to be redeemed as well as the price to be paid for the chosen mode of transport.
We also call the attention to the fact that the taxes and contributions to be paid related to the transport of the product through the border and the customs border – as far as the seat of the Service Provider is concerned – are NOT included in the product price and the amount in the summary of the order. The Customer is obliged to pay these BEYOND the price and transportation costs in each case for the competent state authority, on the basis of their provision.
Steps of the order:
Choose the product to be bought. Further product information (material composition, description etc.) is available by clicking on its image or name. Then put the product to be bought into the virtual shopping basket by clicking on the “ADD TO CART” icon.
If you would like to put other products into the virtual shopping basket or continue shopping, choose the “CONTINUE SHOPPING” icon. If you would not like to buy other products, check the products to be bought as well as their number and price. You can delete the contents of the virtual shopping basket by clicking on the “X” (removal) button. After the quantity of the products has been placed into the virtual shopping basket the contents of the virtual shopping basket are automatically updated. If it does not happen, choose the “UPDATE CART” button.
If you have finished shopping and placed the products to be bought into the virtual shopping basket, check the contents of the basket and then click on the “CHECKOUT” button. Supply the data necessary for fulfilling the order on the surface that appears after that, which are the following: name, resident address, delivery address (if it is other than the resident address), billing address, telephone number, e-mail address.
After supplying your data choose the method of payment and mode of transport by filling in the relevant box.
After the mode of transport and method of payment have been chosen, click on the “PLACE ORDER” button if you agree with the summary of the order, your data have been recorded correctly and you wish to order the contents of the virtual shopping basket.
If the Customer has a gift voucher that they want to redeem during shopping, they can do so by writing the serial number of the gift voucher into the “COUPON CODE” field at the bottom of the summary page, and then by clicking on the “Arrow” button.
We call your attention to the fact that clicking on the PLACE YOUR ORDER button the Customer finalises their order and acknowledges at the same time that finalising the order creates a payment obligation for you.
The Customer is obliged to fulfil their payment obligation simultaneously with placing the order.
Processing the order, binding bid:
The orders are processed on workdays from 9 a.m. to 4 p.m. It is possible to place orders outside the time limits given as the period for processing the orders. If the order is finalised after the end of the working hours, the order will be processed the next day. When the order is received by the Service Provider, the bid becomes binding for the Customer. The bid cannot be withdrawn within the binding time period, only if the withdrawal has been received by the addressee.
After the order had has been sent, the Service Provider sends a confirmation to the Customer immediately, but within 48 hours at the latest, in the form of an e-mail to the e-mail address having been provided by the Customer. The confirmation e-mail contains the identification number of the order, the ordered products, their price, the chosen transportation mode and its price, the data of the Customer and the transport data. If the confirmation does not arrive at the e-mail address of the Customer within 48 hours, the Customer is released from the binding bid.
The confirmation e-mail from the Service Provider’s side is considered to be the acceptance of the offer made by the Customer, by means of which a valid contract is concluded between the Service Provider and the Customer.
However, the Service Provider maintains the right to withdraw from fulfilling the confirmed orders partly or completely if it is not possible to obtain the ordered product from the supplier. Fulfilling the order partially or in a way that is different from the data included in the confirmation is only possible after reconciliation with the client. If the Customer has already paid the purchase price of the product at the time when the Service Provider communicates her withdrawal, the amount will be paid back for the Customer.
In every case the Service Provider issues an invoice on the completed purchase and gives this invoice along with the product 8at the latest) to the Customer.
Payment and delivery:
After the order is confirmed, the Customer is obliged to pay the price and other costs listed in the ÁSZF in accordance with the chosen method of payment.
The Customer can pay the price by credit and debit card through Barion payment system. Online credit/debit card payments are made through the Barion payment system. Credit/debit card details will not be sent to the merchant. The service provider Barion Payment Inc. is an institution under the supervision of the Magyar Nemzeti Bank, its license number: H-EN-I-1064/2013.
The Service Provider delivers the order within 1-3 days (expedited shipping) or 5-7 days (standard shipping) after the confirmation of the order with the assistance of the DHL, to the address having been provided by the Customer.
The Customer is obliged to pay the transport price to the Service Provider in accordance with the contents of Point IV of this ÁSZF. The transport price is different depending on the destination of the delivery, according to the following:
The delivery deadlines written in this point are only informative ones and not binding for the Service Provider. The actual delivery deadline always appears in the confirmation of the order. The Customer is obliged to receive the item at the time indicated in the order confirmation or having been agreed on by the customer service of the Client. If the Customer does not receive the product after two attempts for delivering it, the carrier transports the product back for the Service Provider the costs of which are burdened on the Customer.
Liability for material defects, product warranty, guarantee:
Liability for material defects:
The Service Provider is liable for material defects. The performance is defective if at the time of the performance the product is not in conformity with the quality requirements determined in the contract or law, except for the case when the Customer was aware of the defect of the products at the time of performance.
On the basis of liability for material defects, according to the contents of §6:159 of the Civil Code the Customer
- can require repair or exchange,
- can require that the price should be lowered proportionally and can repair the defect by themselves at the costs of the liable one or can have the defect repaired by another party, or can withdraw from the contract if the liable one has not undertaken repair or exchange, has not been able to fulfil their obligation until the suitable deadline or the interest of the entitled one related to repair or exchange has ceased.
In the case of a contract between the consumer and the enterprise the demand of the consumer concerning material defects lapses within two years after the date of the performance. In accordance with this the Customer can pursue their warranty claim within 2 years against the Service Provider.
On the basis of the consumer contract concluded between the Service provider and the Customer the defect recognised within 6 months must be considered to have existed already at the time of the performance. Therefore the Service Provider can be exempt from the liability for material defect that emerges within 6 months after the performance only if they can prove that the product was free from defects when it was sold. (E.g. the cause of defect incurred after the performance due to the inappropriate use of the product.) In the case of a claim about material defect after these 6 months – but within the 2-year period written above – it is the Customer’s duty to prove that the defect already existed at the time of the performance.
The Customer can pursue and submit their warranty claims with the help of the contact details written in the Point “The data of the Service Provider”.
On the basis of paragraph (1), §6:168 of the Civil Code in the case of a movable thing (in the present case the product) sold to the consumer by the enterprise the consumer (the Customer) can demand that the manufacturer should fix the defect of the product or – if fixing is not possible within a suitable deadline, without detriment to the interests of the consumer –exchange the product. The product is defective if it does not meet the quality requirements in force when it is distributed by the manufacturer or does not have the characteristics included in the description provided by the manufacturer.
After the Customer notices the defect, they are obliged to inform the manufacturer about the defect immediately.
Within two months after the defect has been noticed the defect must be considered as one having been communicated without delay. The Customer is responsible for the damage caused by delayed communication.
On the basis of (1), §6:171 of the Civil Code, the person who takes responsibility to perform the contract or is obliged to provide guarantee based on law can be exempt from responsibility in the case of a quality complaint arising during the guarantee period if they prove that the defect incurred after performance, typically because the consumer has not used or handled the product for its intended use.
The Service Provider informs the Customer that they do not sell products that would be subject to the government decree no. 151/2003 (IX.22.) on compulsory guarantee concerning some durable goods and they do not grant any other guarantee.
Read carefully the data handling principles and policy carried out by the Service provider here.
By recording your order in the Webshop you accept this ÁSZF as well as the data handling principles of the Service Provider.
Functioning of the digital data content, technical protection measure, compatibility with hardware and software
The Service Provider guarantees the 95% availability of the Webshop on an annual basis. In this respect a maximum one-day planned maintenance work cannot be considered as loss if the Service Provider has informed the Customer about its date and expected duration.
The Webshop is compatible with all types of search engine and operation system. The Webshop has an SSL certificate. The communication of the Webshop is carried out through https protocol.
The Webshop is hosted by the servers of A.GY.Software Bt. The Service Provider maintains the right, when appropriate, to temporarily suspend the availability of any functions concerning all the Customers or to give up providing the function for good.
The Service Provider is entitled to modify the conditions of this ÁSZF unilaterally, at any time, without any obligation to give information about this. The possible modification becomes effective at the same time as when it appears in the Webshop. In the case of orders already placed the version of the ÁSZF is authoritative which was effective when the orders were placed.
Regarding the things not recorded in this ÁSZF the following legislation is applicable:
Act V of 2013 on the civil code (Ptk.)
Government decree no. 45/2014 (II.26.) on the detailed rules of the contracts concluded between the consumer and the enterprise.
Act XLVII of 2008 on the prohibition of unfair practices against consumers.
Act CLV of 1997 on consumer protection.
THE REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). (GDPR regulation).
Act CVIII of 2001 on certain issues of electronic commerce services and information society services.
Making a complaint:
The Customer can communicate their complaint to the Service provider regarding the behaviour, activity or failure of the Service Provider, which are directly related to the distribution and sales of the products in writing via any of the contacts written in Point II. of this ÁSZF.
The Service Provider is obliged to answer the written complaint in effect within 30 days after its arrival and take measures in order to communicate this.
The Service Provider draws up minutes about the complaint and is obliged to keep it and the copy of the answer for five years and present them to the control authority upon their request.
In case the complaint is rejected we inform the Customer in writing about which procedure of an authority or conciliation panel they can initiate.
Initiating court proceedings:
Beyond the procedure mentioned above the Customer can pursue their claim by means of legal proceedings, on the basis of the relevant legislation.
If any provisions of this ÁSZF are considered as invalid, this does not result in the invalidity of the whole contract having been concluded on the basis of this ÁSZF and the other provisions of the contract still remain valid. In this case the contract must be interpreted in a way that reflects the original wills of the Service Provider and the Customer.
01, March 2021. Budapest