Terms and Conditions

TERMS AND CONDITIONS
(according to the regulation in force since 25 April 2018) 


These Terms and Conditions (henceforth: TC) apply for the products and electronic commercial services available on the website www.ourstory.hu (henceforth: site) operated by PÓLÓSZABÓ HUNGARY Kft. (henceforth: seller).

The scope of the TC covers all commercial affairs that are made electronically between the seller and the buyer (henceforth: buyer).

By using the site or registering, the buyer accepts and is bound by the regulations of present TC. The site can only by used if the person accepts the terms of the TC and the privacy statement, meaning that the buyer has to accept the terms of the TC and the data processing described in the privacy statement while using the site. Without these the buyer cannot make purchases on the site.

Underage persons or persons with limited capacity to act can only use the services of the site with the consent of their statutory representative. The responsibility of obtaining said consent lies with the person with limited capacity to act. It is not the seller’s responsibility and does not have the capacity to find out who is on the user site when completing online transactions, its responsibility lies with the buyer.
In case the buyer enters the site and continues to use it, the buyer declares that the conditions of the TC and the privacy statement were read and understood and that they accept the conditions of using the site and the data processing described in the privacy statement.

In case the buyer does not accept the TC or does not consent to the privacy statement, they shall immediately terminate the use of the site and leave it.

We would like to inform you that we are available to answer any questions regarding online orders or the process of delivery via the addresses specified in the TC.

Contact information of the seller
Name: PÓLÓSZABÓ HUNGARY Kft.
Headquarters: 1031. Budapest Varsa utca 14 2/4
Representative: Szabó Bence, manager
Website: www.ourstory.hu
Email: info@ourstory.hu
Phone: +36705238516
Tax number: 25516289-2-41
EU tax number: HU25516289
Commercial registry number: 01-09-279644
Bank account managing institute: OTP bank
Bank account number: 11703051-21098200
Web storage provider: IT-POLE Kft.
Address of the store: 1031 Budapest, Keve utca 19.

Buyer or other user

Buyer: anyone entering into a sales contract with the seller by ordering one or more products offered by the seller.
Other user: anyone who registers on the site or agrees to receive newsletters.

Subject of the contract

These TCs apply to the sales contracts between seller and buyer made for the products offered on the webshop operated on the site www-ourstory.hu. The general terms of use also include regulations regarding the registration at www.ourstory.hu and the service of sending newsletters as well.
The subject of the contract is the product(s) chosen by the buyer from the products offered for sale by the seller on the site www.ourstory.hu and confirmed by the seller. The price of the product and its most significant characteristics are displayed individually with each product.
The site www.ourstory.hu mainly offers gifts, personalised books to buyers.
The products offered can be picked up after ordering from the webshop at the address 1031. Budapest Keve utca 19. in our office at a previously discussed time.
Our office is a pick-up point, only orders from www.ourstory.hu can be picked up there, there is no possibility to make purchases at the office.

Creation of the sales contract

Displaying the products and services in the webshop does not come with offer validity for the seller.  The sales contract is created upon the buyer ordering one or more products and the seller confirming the order and thereby accepting the offer.
Ordering is possible from the webshop on www.ourstory.hu. It does not require registration, however, the previously edited products can only be accessed later by buyers who registered and saved the edited product beforehand.


Technical steps of ordering from the webshop:

- editing the product (book) that the buyer wishes to purchase
- putting the edited product(s) into the shopping bag
- in case you would like to put further items into the shopping bag, continue browsing the site. By using the icon “Delete” you can remove items from the shopping bag.
- by clicking on the icon “Order” you can finalise the order by providing the billing address, the delivery address (in case of choosing home delivery) and by choosing a payment and delivery method.
- if you have a coupon, you can enter the code on this page as well
- after ticking the box next to the sentence “I have read and accepted the terms of use and ordering”, you can finalise and send the order

If you already sent the email but noticed a mistake in the confirmation email, contact the seller as soon as possible via the options listed above. The buyer receives a confirmation email within max. 48 hours after the order is sent. The contract is created upon the buyer receiving said email. If the buyer does not receive the confirmation within 48 hours after the order, the user is exempt of the offer validity.
The order and the confirmation can be regarded as seen as received by the seller or the buyer when it becomes accessible for them. The seller accepts the order if the buyer provided all the necessary information correctly in order to complete the order at the time of ordering. The seller is not responsible for any damage resulting from incorrect data being provided by the user, all costs shall be borne by the user and must be reimbursed towards the seller.
The buyer has the possibility to correct any incorrect data after sending the order and receiving the confirmation by contacting the seller via phone or email. The buyer must correct the incorrect data as soon as possible. If the buyer makes modifications after the products are handed over for delivery, they must pay for the additional costs.
The contract is a distance contract and does not constitute as a written contract. The seller does not have record of the contract and therefore the contract cannot be accessed later. From a legal stand, the orders made through the site constitute as a disclaimer declared by conduct. The language of the contract is Hungarian and the law of Hungary applies to it. A code of conduct does not apply to the contract.

Price of the products

Purchasing products from the webshop comes with payment obligation. The buyer pays the price of the product and the shipping specified in Segment 6. The price of the products does not include the price of shipping/delivering/optional packaging if applicable. The seller informs the buyer about the latter during the process of the ordering.

The price of the products is indicated in the webshop for each product. The prices are always gross prices including VAT.
If the price indicated is incorrect due to a technical error or for any other reason, the seller immediately informs the buyer. This information does not constitute as a confirmation as specified in Segment 4, therefore does not result in the creation of a contract even if the seller sends an automatic confirmation.
In this case the buyer’s explicit acceptance constitutes as a contractual offer which includes the acceptance of the modified, correct price. The contract in this case is created according to Segment 4, with the confirmation of the seller.
The price constitutes as incorrect particularly but not exclusively:
- if it is clearly mistaken and unreal, meaning that it significantly differs from the generally accepted price for the given product/service
- if, due to a system error, the displayed price is 0 or 1 HUF
- if the price is clearly disproportional for any other reason
The seller excludes any liability of input errors and incorrect and mistaken price display to the fullest extent permitted by legislation.

Receipt of the product, delivery

After the contract is created, the seller immediately goes on with preparing and packaging the ordered product. The products are delivered by a courier service provider to the address provided by the buyer. The courier service delivers the packages on working day between 8 am and 5 pm.

General period of completion

- in case of COD orders, 1-2 working days from the order confirmation
- in case of bank transfer, 1-2 working days from the sum appearing on the seller’s bank account, covering both the price of the product and the delivery

The shipping time and any other delivery deadline indicated on the website are expected delivery times. The actual time of the delivery depends on the courier and the seller does not accept liability for delivery deadlines differing from the previously suggested shipping time. The courier service attempts to deliver the package twice. Costs arising from unsuccessful delivery, in case it was unsuccessful for reasons attributable to the buyer, are on the buyer.
A third attempt to deliver the package can only be done in case the price of the product and the costs of the unsuccessful deliveries are previously transferred. If the buyer does not transfer the price of the product and the delivery (including the two unsuccessful deliveries) to the seller within 14 days after the second unsuccessful delivery, the seller can withdraw from the contract.

Delivery fee by courier service: in case of prepayment or COD: 1100 HUF
The seller only accepts complaints in connection with the intactness of the package if the buyer refuses to take over the package upon delivery due to its injury and requests the courier to prepare a report.
The seller only accepts complaints in connection with the quantity if the buyer requests the courier to prepare a report upon delivery.

Payment methods and invoicing

The buyer can choose to pay for the product and for delivery with the following methods:

- payment on delivery to the courier: if the product is delivered by the courier service, the buyer pays the final sum in cash to the courier upon receiving the product(s). If the buyer does not pay the price of the goods and for the delivery to the courier, the delivery is considered unsuccessful. The consequences of an unsuccessful delivery and the conditions of a third delivery can be found in Segment 6 of the Terms and Conditions (Receipt of the product, delivery).
- bank transfer: the buyer pays for the product(s) and delivery prior to receiving it by making a bank transfer to PÓLÓSZABÓ HUNGARY KFT to the account number 11703051-21098200.

- Barion Payment Zrt.: payment with card on barion.hu

The delivered product is the property of the seller until the purchase price is fully paid.
No responsibility falls on the seller if the delay in delivery or any other problem arose due to data provided incorrectly/mistakenly by the buyer.

Warranty

The seller offers a warranty for their products based on Act V of 2013 on the Civil Code. The seller performs inadequately if the matter provided does not meet the quality requirements specified in the contract and by law at the time of the completion. The seller does not perform inadequately if the buyer was aware or had to be aware of the issue at the time of creating the contract.

Consumer: natural person acting outside of the scope of their individual occupation and business activity.
If an error is noticed by a buyer qualifying as a consumer within six months of the completion, the fact that it was present at the time of the completion has to be defended except if the defence is incompatible with the nature of the matter or with the nature of the error.

Liability for defects: the seller has liability for defects in case of the lack of conformity.
The buyer requests a remedy, they can choose to:
- request a correction or replacement except if the implementation of this right is impossible or if it would result in an unreasonable extra costs for the seller, compared to other similar demands, taking the value of the errorless service, the gravity of the breech of contract and the offence caused to the right-holder into consideration
- request a proportionate reduction for the compensation, fix the error on their own or with external assistance on the seller’s expense or withdraw from the contract if the seller does not take upon fixing or exchanging the product, cannot execute this commitment within the appropriate deadline taking the buyer’s interest into consideration or if the buyer’s interest towards fixing or exchanging the product ceases to exist.

Withdrawal is not justifiable with insignificant defects. Correction or the replacement of the matter has to be done within an appropriate deadline, with regards to the characteristics of the matter and its function expected by the buyer.
The buyer can convert from the chosen liability for defects to another. The buyer must pay the costs resulting from this change except if it was caused by the seller or if the change was justified.
The buyer shall notify the seller about the defect after noticing it without any delay.
In case of a buyer qualifying as a consumer, a defect reported within two months of noticing it shall be regarded as undelayed.
The buyer is responsible for the damage resulting from the delay in notification.
The buyer’s request for the liability for defects expires in one year from the date of completion and in two years in case of a buyer qualifying as a consumer.
The time period during the correction while the buyer cannot properly use the product is not calculated into the limitation period. The request for the liability for defects restarts for the elements that were replaced/fixed.  This is the standard in case a new defect results from the correction.

The right-holder may practice the liability for defects as and objection against a claim arising from the same contract if the request for the liability for defects had expired.

Product warranty: the seller informs the buyer about the legal regulations (Civil Code 6:168-6:170.§§) regarding product warranty according the following.
In the event of a defective item was sold to the consumer by the business, the consumer may require the manufacturer to correct the defect of the product or, if the repair is not possible within a reasonable time without affecting to the interests of the consumer, to replace the product.
The product is defective if it does not meet the quality requirements of the product when it was marketed by the manufacturer, or it does not have the properties specified by the manufacturer. The manufacturer and the distributor of the product are both considered manufacturers.
The manufacturer is exempted from product liability if they prove that:
a) the product was not manufactured or marketed in the course of their business or self-employment;
(b) at the time the product was placed on the market, the defect could not be recognised with the help of the available technology and science or
(c) the defect of the product was caused by the application of a statutory or mandatory regulatory requirement.
In the event of replacement, the manufacturer shall be responsible for the warranty for the replaced product or for the part of the product that was fixed in case of repair.

After the fault has been discovered, the buyer shall notify the manufacturer without delay. An error reported within two months of the discovery of the error shall be deemed undelayed. The consumer is liable for the damage caused by the delay in the communication.

The manufacturer is subject to product warranty for two years from the date of marketing the product. The right shall be forfeited after the expiration of this time period.
The product warranty rights can be practiced towards the manufacturer by the new proprietor if the ownership of the product is transferred.

Right of withdrawal

The buyer has the right to withdraw from the contract within the following timeframe without justification:
- before receiving the confirmation email about the product being ready. The buyer can use the sample declaration of cancellation at the end of this document for this purpose.
- in any other case, the buyer does not have the right to withdraw from the contract with regards to the fact that the subject of the contract is a pre-manufactured product which was created according to the explicit request of the buyer and the product order was specifically designed for the buyer.
(Paragraph 29. § (1) c) of the Decree of 45/2014. (II. 26.) on the detailed regulations of contracts between consumers and businesses)
When using the “design” function of the website or in any case when the seller manufactures the product upon individual demands, the buyer does not have the right to withdraw from the contract.

The seller can withdraw from the contract:
- if the buyer after the second unsuccessful delivery attempt (due to the buyer’s default) does not transfer the cost of the products and the delivery (including the cots of the previous two unsuccessful attempts) within 14 days to the seller’s account
-if the buyer chose the payment method of transferring the product’s price and the delivery costs in advance and does not transfer the sum to the seller’s account within 14 days after the order verification.

The seller can practice their right to withdraw via email or a letter sent to the buyer’s postal address.
 
Termination of the contract

The contract is terminated with its completion.
The contracting parties can terminate the contract upon mutual agreement, in this case it is terminated ex post facto to the date of its creation.
The contract is also terminated if the buyer or the seller withdraws according to the terms specified in Segment 9. In this case the contract is terminated ex post facto to the date of its creation and the  contracting parties shall account among themselves according to the terms specified in Segment 9.
The seller is available for assistance via the phone number and email address provided after the completion or termination of the contract as well.
 
Information about registration

Newsletter:

The site www.ourstory.hu only sends emails containing advertisements and newsletters to the email addresses provided during registration with the explicit consent of the parties concerned, according to relevant regulations.
It is possible to unsubscribe from the newsletters at any time, free of charge. This can be done via an email sent to info@ourstory.hu or by clicking on the “Unsubscribe” button at the bottom of the newsletters. In this case Pólószabó Ungary Kft. Deletes all personal data necessary for sending the newsletter from its database and will not send further newsletters and offers for the party concerned.
When processing data, the seller shall act according to the Act CXII of 2011 on Informational Self-determination and Freedom of Information and Regulation (EU) 2016/679 of the European Parliament and of the Council.


Copyright

The complete content of the website of the webshop is under copyright protection. The seller does not approve of the downloading, storing and printing of said content for personal use. The use of the content without the consent of the seller is a breech of copyright law and entails legal consequences.

Other information

Further information on the essential characteristics of the subject of the contract can be found in the informational page and documentation of the manufacturer of the actual goods. The manufacturer of the given product is liable for possible inaccuracies of said information.

Liability of the seller

The seller is not liable for the operation of the webshop and the accessibility of its content. The seller is not liable for any damage resulting from not being able to properly connect to the webshop. The seller is not liable in case of errors that hinder the seamless use of the webshop and purchasing in the webshop, in addition if the data sent via the internet are lost due to an operational error. The seller is not liable for software-related, communicational or other technical errors arising while using the webshop.
The seller is not liable for typos and the validity and factuality of the information displayed in the webshop, in particular the false price display.
The seller is not liable for direct and indirect damages resulting from the use, forwarding or non-availability of the data and information of the webshop.
The seller is not liable for the divergencies of the images and patterns in the webshop.
The seller reserves the right to partially or fully terminate, modify or temporarily shut down the webshop for any reason without previous notification and is not liable for direct, indirect or other resulting damage.
The seller is not liable for the content of other websites available via the webshop and is not liable for the content of other websites directing to the webshop.

Liability of the buyer

The buyer and any other users declare that that they are aware of the technical limitations of the internet and accepts the potential errors and risks resulting from the technology. Accordingly, they are aware that the authenticity, accuracy and absoluteness of the information provided via the internet cannot be guaranteed.
The responsibility of  protecting their own data stored on their computer lies with the buyer or any other user, in particular the data provided for logging in to the webshop. The seller does not undertake responsibility for damages resulting from the their user data being used by unauthorised persons with or without the knowledge of the buyer. The buyer and any other users are responsible for damages resulting from the unauthorised use of their own data caused to the seller or third parties.
By confirming the order, the buyer also accepts the Terms and Conditions and with its non-compliance results in a breach of contract.

Other

Any issues not included in the Terms and Conditions shall be governed by the following laws:
- Act CVIII of 2001 on certain issues of electronic commerce activities and information society services
- Decree of 45/2014 (II.26) about the detailed regulations of contracts between consumer and the business
- Law CLV of 1997 on consumer protection
- Act V of 2013 on the Civil Code
- Act CXII of 2011 on Informational Self-determination and Freedom of Information
- Regulation (EU) 2016/679 of the European Parliament and of the Council

The entire site is under copyright protection. All the graphics, layouts and text/data content is the property of the seller. Any use, duplication, embedding of the content of the site can only be done with a previously obtained consent from the seller.

The seller reserves all rights to all the elements of the service, specifically to the domain name of www.ourstory.hu and all subdomains, subpages and web-based advertising platforms.

Activities that aim to list, organise, archive or hack or decode the data base of the seller are strictly forbidden. Without a separate agreement or using a targeted service, it is strictly forbidden to modify or copy the database of the seller or rewrite/add data to it by circumventing search engines and the platform provided by the seller.

The seller has the right to unilaterally modify present TC at any time. The modified regulations apply for orders made after them coming into force. Seller reserves the right to make any modifications and corrections on the site at any time without previous warning.

Sample declaration of cancellation/termination
(only fill it and send it back with the purpose to cancel/terminate the contract)
Recipient: PÓLÓSZABÓ HUNGARY Kft.

I/we hereby declare that I/we would like to practice my/our right to cancel/terminate the contract on the purchase of the following product(s) or service provided:
Date of contract/date of receipt:
Consumer(s)’ name:
Consumer(s)’ address:
Consumer(s)’ signature: (only for paper-based declaration)
 
Date: 25 January 2019