Terms and Conditions
Introduction
consoul.design website operated by Niada Kft . The General Terms and Conditions (hereinafter: GTC) are consoul.design terms of use for using the service available on the website (hereinafter: Website). These Terms and Conditions apply to natural persons acting outside the scope of their profession, independent occupation or business activity (hereinafter referred to as: Consumer), and therefore establish different conditions for you in some points compared to those applicable to businesses. In this case, different rules apply to the Consumer.
The technical information required to use the Website, which is not contained in these Terms and Conditions, is provided by the information available on the Website. By using the Website, you acknowledge and accept the following:
Service provider
Company name: Niada Kft.
Headquarters: 8440 Herend , Hóvirág utca 2. Building A.
Mailing address: 2040 Budaörs, Malomkő u. 7. Phone: +36 30 739 9105
E-mail: order@consoul.design
Tax number: 27198449-2-19
Community tax number: HU27198449 Company register number: 19-09-522311 Court managing the company register: Veszprémi Bíróság Cámbírósága Account managing financial institution:
CIB Bank Zrt. Account number: HU66 1070 0189 7277 9066 5110 0005
Name of hosting provider: XXX
Address of hosting provider: XXX Company registration number: XX
Provision of virtual hosting in a server environment within the EU.
Website activity
On our website, we deal with the distribution of furniture and other home accessories.
We are not subject to a code of conduct regarding the services we provide.
Terms of Use
- Responsibility
You use the Website solely at your own risk and are aware of the possibilities and limitations of the Internet. At the same time, you accept that we are not responsible for the use of the webshop, especially for non-arrival of sent and received data, program errors, Internet network errors, and damages arising from improper operation of the software.
You are solely responsible for your behavior and errors on the website. We cannot assume responsibility for the behavior of users of our site.
When using the Website, you are obliged to ensure that you do not directly or indirectly violate the rights of third parties or the laws.
We do not take responsibility, despite the greatest care, for an incorrectly displayed price on the Webshop page, or for an obviously incorrect, unrealistic price significantly different from the well-known price of the product. In such cases, Consoul is not obliged to sell the product to you at the wrongly displayed price on the Webshop interface.
Shopping on the website
- Presentation of the purchase process
On our website, you can find out more about our products, and we provide you with the option of ordering online. You can browse the website using menu items. You have the option to register, but this is not a condition for purchasing and you can browse or buy on the site without it.
- Order steps
Follow step-by-step how you can place an order!
Product selection
Select the product, enter the quantity, then place it in the cart by clicking “TO CART!” button
Starting an order
Start the order process with the ‘ORDER’ button.
‘Billing and shipping information’
Here you can enter your shipping and billing address (if you don’t have an online account. You can leave us a message in the ‘Note to order’ field.
‘Check and submit order’
Here you can once again review and modify your order.
Confirmation
After placing your order, we will send you an automatic confirmation e-mail with a summary of the order and other useful information.
Order tracking
You can only track your order with confirmed registration in your Consoul Online Account by clicking on the “Order tracking and order history” menu item.
Regardless of your intention to order, you can log in by clicking on the Account icon. You can also log in with your Facebook or Gmail account. If you do not register, you must provide us with the following information: surname, first name, e-mail address. When ordering, you must provide the delivery address and phone number for easier contact You must also choose the payment method that is beneficial for you, you can write us a comment, and you must accept the data management information and business regulations in a checkbox. The cost and method of delivery is determined by individual agreement. By clicking the Submit Order button, your order becomes live. In addition to the above data, a password must also be entered for registration. We will send you an e-mail about the successful registration and you can find information about it on the website. You can request the cancellation of your registration by email. ( consoul. design /data management-tajekoztato ) We are responsible for keeping access data confidential – see data management information. You are responsible for updating your data, if you forget your password, you can request a new password on the website to the registered e-mail address. If you have previously registered on the website, the order process can be continued by entering your e-mail address and password.
- Correction of data entry errors
You have the opportunity to correct data entry errors before finalizing the order. You can also correct incorrect data under the “Login” menu item. If you notice incorrect data after placing the order (e.g. in the confirmation e-mail), you must notify us immediately, but within 24 hours at the latest.
You can change your data entered during registration in the “Change data” menu item.
- Binding offer, confirmation
We are obliged to confirm the arrival of your order electronically without delay. If you do not receive this confirmation within the expected time frame from the dispatch of your order, from the start of the service, but within 48 hours at the latest, you will be released from the binding offer or contractual obligation.
- Creation of the contract
You can conclude the contract in Hungarian and English.
We reserve the right to refuse to accept and fulfill the order in the event that the circumstances of the purchase reasonably lead to the conclusion that there is no real intent to purchase behind the orders and that the buyer causes damage to the merchant.
The concluded contract
- is considered a contract concluded electronically, which is covered by the Civil Code and the CVIII of 2001 on certain issues of electronic commercial services and services related to the information society. provisions of the law are applicable accordingly,
- falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between the consumer and the business.
After each successful order, we will send an automatic email confirming the arrival of the order to the e-mail address provided in the registration. Your order is considered final after the confirmation e-mail we send.
- Registration of the contract
In the case of a registered purchase, the electronic contract concluded via the Website is considered a written contract, it is filed, and you can later access it as a registered user.
Payment Terms
Our payment methods are presented below.
- GooglePay
- ApplePay
- PayPal
- Payment by bank transfer in advance
When placing the order, always write “Payment method: TRANSFER” in the “Comment” field. After that, transfer the amount of the purchase to the account number HU66 11600006-00000000-50681024 maintained by the Erste Bank Veszprém branch in the name of Niada Kft. In the notice, please include your name and order number for identification purposes.
Presentation of delivery methods
Presentation of our delivery and collection methods, which we provide:
The delivery is carried out by a courier service, as agreed with the customer via e-mail or direct telephone contact.
Invoice
In the case of advance payment, upon receipt of the total amount specified in the order, we will issue a bank transfer invoice that does not require payment, which will be sent to the customer via the e-mail provided during customer registration.
Right of withdrawal
- Procedure for exercising the right of withdrawal
The provisions of this point apply only to the enforcement of the rights of consumers defined in the Civil Code and in the case of consumer contracts.
The Service Provider provides extended cancellation conditions for the Consumer in addition to the prescribed legislation, on the basis of which the Consumer can cancel the purchased product for 60 days. In the first 14 days, the consumer can exercise his intention to withdraw based on the conditions defined in the law. And in the following period, you can cancel the purchase if the product you returned is unused, unopened, undamaged, and complete with accessories.
Below, we provide information on your rights and obligations as a consumer based on the law.
45/2014. (II. 26.) According to the government decree, the Consumer is entitled in the case of a contract for the sale of the product
a) the product,
b) when buying and selling several products, the last delivered product,
c) in the case of a product consisting of several lots or pieces, the last supplied lot or piece,
d) if the product must be supplied regularly within a specified period, the first service,
withdraw from the contract without reason within fourteen (14) days from the date of receipt by the Consumer or a third party indicated by him, other than the carrier, in the case of disassembled products. The Consumer can also exercise his right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of the product.
The consumer is only responsible for the decrease in value of the product if it occurred due to use beyond the testing absolutely necessary to determine the nature, properties and operation of the product.
If the Consumer wishes to exercise his right of withdrawal, he must send a clear statement containing his intention to withdraw (e.g. in an electronic message, by post, or he can do it orally) in accordance with these GTC. by using the contact details indicated in point 1.
The Consumer exercises his right of withdrawal within the deadline, if he sends his cancellation statement to the Service Provider before the expiry of the above-mentioned deadline (i.e. even on the fourteenth day). The Consumer bears the burden of proving that he has exercised his right of withdrawal in accordance with the provisions set out in point 7.
In both cases, the Service Provider will immediately confirm receipt of the Consumer’s withdrawal statement by e-mail. In the case of written cancellation, it shall be considered valid if the Consumer sends his statement to this effect to the Service Provider within 60 calendar days (even on the 60th calendar day).
In the case of an electronic notification, the date of receipt, in the case of a verbal notification, the time of the telephone call, and in the case of a postal notification, the date of delivery, the Service Provider takes into account the deadline calculation. In the event of cancellation, the Consumer must hand over the product to
via courier before the 60-day deadline . If the Consumer has not returned the product to the Service Provider despite sending the cancellation statement, or has not provided credible proof of its return, the Service Provider is entitled to withhold the amount to be refunded in connection with the cancellation until the product arrives or the Consumer has not provided creditable proof of its return.
The direct cost of returning the product to the Service Provider’s address is borne by the Service Provider, the Consumer is not charged any other costs in this regard, if the Consumer hands it over to the courier service provided by the Service Provider.
If the Consumer withdraws from the contract, immediately, but no later than within 14 days from the date of receipt of the Consumer’s withdrawal statement, the Service Provider will reimburse all the compensation provided by the Consumer, including the cost of transport (paid for delivery), – except for the additional costs incurred due to The consumer has chosen a transport method other than the cheapest standard transport method offered by the Service Provider.
The Service Provider has the right to withhold the refund until the product has been returned, or the Consumer has provided credible evidence that he has returned it (of the two, the Service Provider takes into account the earlier date).
In case of withdrawal or termination, the Service Provider will refund the amount due to the Consumer in the same way as the payment method used by the Consumer, unless the Consumer expressly consents to the use of another payment method; due to the application of this refund method, the Consumer will not be charged any additional costs.
- Exceptions to the consumer’s right of withdrawal and termination
The Consumer may not exercise his right of withdrawal or termination with respect to the following products sold by the Service Provider or services provided:
a) In the case of a contract for the provision of a service, after the completion of the service as a whole, if the company began the performance with the express, prior consent of the consumer, and the consumer acknowledged that he loses his right of termination after the completion of the service as a whole;
b) With regard to a product or service whose price or fee cannot be influenced by the financial market, depends on possible fluctuations even within the deadline specified in Section 20 (2) of the relevant government decree;
c) In the case of a non-pre-manufactured product that was produced based on the instructions or at the express request of the consumer, or in the case of a product that was clearly tailored to the consumer;
d) With respect to a perishable product or a product that retains its quality for a short time;
e) With regard to a product that cannot be returned for health protection or hygiene reasons after being opened after delivery (for example, socks, underwear, underpants, bras);
f) With regard to a product which, due to its nature, is inseparably mixed with another product after delivery;
g) In the case of a business contract in which the business visits the consumer at the express request of the consumer in order to carry out urgent repair or maintenance work;
h) With regard to the sale and purchase of audio and video recordings in sealed packaging, as well as copies of computer software, if the consumer has opened the packaging after delivery;
i) personal safety products that qualify as personal protective equipment manufactured for sports or work purposes, such as carabiners, seat belts, safety devices, other personal protective equipment against falling from a height
Warranty
In the case of a warranty, we are obliged to compensate for defective performance during its duration. The warranty does not affect your legal rights (including those relating to warranty and compensation).
To assert a warranty claim, the rules for the exercise of accessory warranty rights must be properly applied.
We are exempted from the warranty obligation if we prove that the cause of the defect arose after the performance.
151/2003 on the mandatory warranty for certain durable consumer goods sold within the framework of the contract between us. (IX. 22.) New durable consumer goods listed in Annex No. 1 of Government Decree are covered by a warranty obligation, which warranty period is one year. The warranty claim can be asserted within the warranty period with the warranty card, failure to meet the deadline results in loss of rights. If the manufacturer undertakes more favorable warranty conditions for the consumer product than those contained in this Government Decree, the rights we are entitled to on the basis of the warranty will be transferred to you at the time of performance of the contract.
Warranty (accessory warranty and product warranty)
- Accessories warranty
We perform incorrectly if, at the time of performance, the service does not meet the quality requirements established in the contract or legislation. We will not perform incorrectly if you were aware of the error at the time of concluding the contract, or should have been aware of the error at the time of concluding the contract.
We have an accessory warranty for defective performance. 373/2021. (VI. 30.) According to government decree, in the case of the purchase of a new product, your warranty claim expires within two years from the date of delivery, the obligation to prove it in the first six months for products purchased before 01.01.2022, while after 01.01.2022 in the case of purchased products, it is our responsibility for the first year, and for the remaining period it falls to you. If the subject of the concluded contract is a used item, the limitation period is one year.
Any other User’s warranty claim for accessories expires within one year from the date of performance. The User may assert his accessory warranty rights as an objection to a claim arising from the same contract even if the accessory warranty claim has expired.
Your options based on the accessory warranty claim:
the. you can claim repair or replacement unless
a) it is impossible to fulfill the chosen accessory warranty right, or
b) it would result in disproportionate additional costs for us – compared to the fulfillment of another warranty claim, taking into account
i. the value represented by the service in faultless condition,
ii. the severity of the breach of contract,
iii. the damage caused to the right holder by the fulfillment of the accessory warranty right;
b. you can request a proportional delivery of the compensation, we can correct the defect at our expense or have it corrected by someone else, or you can withdraw from the contract – except for minor defects – if
a) we do not undertake repairs or replacements,
b) we are unable to comply with your obligation to repair or replace within the appropriate time frame, while protecting your interests,
c) your interest in repair or replacement has ceased.
You can switch from your chosen accessory warranty right to another. You are obliged to pay the costs caused by the transfer, unless we caused the transfer or the transfer was justified on an individual basis.
After discovering the error, you are obliged to notify us of the error without delay. An error communicated within two months of the discovery of the error is considered to have been communicated without delay.
You are responsible for any damage resulting from the delay in communication.
The costs related to the fulfillment of the warranty obligation are borne by us. However, if the item’s failure was caused by the failure of the maintenance obligation imposed on you, you are obliged to bear the costs incurred by fulfilling the warranty obligation in proportion to its contribution, if you had knowledge of the item’s maintenance, or if we fulfilled your obligation to provide information in this regard.
Complaint handling, legal enforcement options
The User can submit consumer objections regarding the product or the Service Provider’s activities at the contact details detailed in point 1:
If possible, we will remedy the verbal complaint immediately. If it is not possible to remedy the verbal complaint immediately, or if you do not agree with the handling of your complaint, we will keep a record of the complaint – which we will keep for five years, together with our substantive response to the complaint – which will be sent to you at the latest at the same time as the response to the complaint.
A copy of the minutes will be handed over to you on the spot in the case of a verbal complaint made in person (on the premises), or if this is not possible, we are obliged to act according to the rules for written complaints;
Complaints recorded on the phone or using other means of communication are assigned a unique identifier, which simplifies the retrieval of the complaint later on.
We will respond to the complaint received in writing within 30 days. According to this contract, the measure means mailing.
If the complaint is rejected, we will inform you of the reason for the rejection.
If the possible consumer legal dispute is not settled during negotiations, the following legal enforcement options are open to you:
- Online dispute resolution platform
The online dispute resolution platform acts as a one-stop administrative point for consumers and traders who wish to settle their legal disputes under the scope of this regulation outside of court proceedings. The online dispute resolution platform is an interactive website that is available electronically and free of charge in all official languages of the Union’s institutions. The online dispute resolution platform can be accessed by clicking on the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
- Initiation of conciliation board proceedings
If the complaint handling activity was not carried out to your satisfaction, or if your complaint was rejected, you can initiate a procedure before the Conciliation Board operating alongside the competent county (capital city) chambers of commerce and industry (hereinafter: chamber) according to your place of residence or place of residence. You can find out about the area of jurisdiction of the chambers on the website www.bekeltetes.hu or via www.fogyasztovedelem.kormany.hu/node/8579 . - Initiating a procedure at the consumer protection authority
If we have violated the laws provided to you during complaint handling or other procedures or behavior, you can contact the competent district office according to your place of residence. Contact information of district offices: http://jarasinfo.gov.hu . - Initiating legal proceedings
Data protection
Information on the management of personal data via the following link:
www.consoul.design
Unilateral modification of the general terms and conditions
The effective GTC accepted at the time of the order is valid, the amendments are only valid for orders sent after their announcement. The GTC amendments can be found on the website.
The date of entry into force of these General Terms and Conditions: February 1, 2024.