General Terms and Conditions

Webshop information (hereinafter referred to as: „Webshop”)

www.angeldrum.com

The domain address of the Webshop is: www.angeldrum.com

The company’s electronic contact is: info@angeldrum.com

In case of any questions related to the operation, ordering and delivery process of the Webshop we are available at the contact details below:

Details of the company of operating the Webshop (hereinafter referred to as: „Seller”)

Drum Valley Korlátolt Felelősségű Társaság

seat: 4320 Nagykálló, Széchenyi út 72.

tax number: 27413625-2-15

company registration number: 15-09-089026

Name of the contact person: Fábián Tibor

Name and number of the account maintaining bank: OTP Bank 11707000-22231110

1. Fundamental provisions

Present General Terms and Conditions (hereinafter referred to as: „GTC”) are concluded exclusively in electric form, do not qualify as a written contract, do not refer to a code of conduct and the Seller does not file it and it will not be accessible later.

The language of the present GTC is Hungarian, which is also available in English.

The scope of the present GTC is extended to the legal relations of the Seller’s Webshop (https://www.angeldrum.com) and its subdomains.

The present GTC is continuously available and can be downloaded from the following webpage: https://angeldrum.com/aszf

The present GTC can be printed out at any time from the following link: https://angeldrum.com/aszf

Relevant regulations
Act 5 of 2013 on the Civil Code (hereinafter referred to as: „Civil Code”);
Act 108 of 2001 on certain issues of electronic commerce activities and information society services;
Government Decree No. 151/2003 (IX. 22.) on the mandatory guarantee for certain durables (hereinafter referred to as: „Decree”).

The subject of the contract concluded by and between the Seller and the customers are the products of the https://angeldrum.com Webshop. The unique features of the products of the Webshop are located on the product page. Some of the images shown are illustrations, thus the actual colour of the product may not always be the same as reality. The purchase price located next to the product is in the currency selected by the customer in the upper right corner of the Webshop (USD, EUR, HUF – hereinafter referred to as: „Purchase price”) and the price of the selected product does not include VAT.

The Seller reserves all the rights to the webpage, any detail thereof, the content appearing on it and the distribution of the webpage. It is prohibited to download, to store it electronically, to process or sell the content appearing on the webpage or any of its part, without the prior written consent of the Seller.

2. Information on the technical steps to be taken to conclude the contract electronically

PRODUCTS AVAILABLE FOR PURCHASE
1. The customer can view the more detailed description of the product, which includes the relevant information about the product (eg. size, colour, materials used for design and finalizing), as well as the additional images of the product, and the other recommended products for purchase regarding the product by clicking on the name or the photo of the chosen product.
1. Seller informs the customers the products distributed by the Seller are music instruments, which reach the 10 000 HUF sale price according to the 21. point of the Annex No. 1. of the Decree.

ORDERING PROCEDURE
- Registration
In order to use the Webshop it is not necessary to registrate on the webpage, however in case of registration the Seller records the personal data of the customer and the purchases in the customized account, created in the Webshop.

Adding product to cart
By clicking the name or the photo of the chosen product the customer is informed about the availability of the product and after specifying the quantity of the product and by clicking to the „Add to cart” button the customer can place the product into a virtual shopping bag. By adding products to the cart, the customer is not entitled to any payment obligation.
The customer can select the currency of the product to be purchased in the upper right corner of the Webshop, which is shown in the selected currency above the „Add to cart” button as the Purchase price of the product.
In case the customer would like to add more products to the cart, shall click to the „X (Close)” button at the upper right corner of virtual shopping bag and afterwards can add additional product(s) to be purchased to the cart.
The cart automatically sums the subtotal of the order, thus exclusively Purchase price of the products added to the cart could be seen by the customer in the lower right corner of the cart.

Viewing the content of the cart
During the ordering process it is possible to view or to amend the content of the cart.
In case the cart does not contain the right quantity of the product to be purchased, by clicking to the product the customer will be redirected to the product page, where he/she may modify the quantity of the product to be ordered. By this the cart will be automatically updated.
In case the customer wishes to delete the product(s) added to the cart, has to click to the „rubbish bin ikon” located next to the product and the content of the cart will be automatically modified according to the needs of the customer.
In case the customer does not wish to purchase any additional product and the product or the quantity and the price of the products are checked, the customer has the opportunity to initiate the payment procedure by clicking the „Proceed to checkout” button.
In case the Purchase price of the product(s) is not shown in the desired currency in the cart, thus the customer shall select the currency of the product(s) to be purchased in the upper right corner of the Webshop, by that the cart will automatically display the Purchase price to be paid accordingly.

Giving data regarding purchase, delivery and payment procedure
During the order, giving the information related to invoicing (name, country, state – if the customer wishes to order from where it is relevant – postal code, city, house number, e-mail address, telephone number) is mandatory.
If the customer desires the Seller to indicate other data on it’s invoice as well, the customer is entitled to give the tax number and the EU VAT Number (in this case VAT-free sales will take place).
The Webshop automatically stores the invoicing information, as delivery data. In case the invoicing and the delivery data are different, the customer could mark the „Delivery to another address?” box and specify the different delivery information.

Checking and finalizing the order
Before sending the order the customer has the opportunity to check the quantity of the product(s) to be purchased, the price of it, the cost of the delivery and the invoicing and delivery information.
In case the customer remarks any error, there is opportunity to make the necessary changes by clicking the „Shopping bag/Cart ikon” or to delete any product from the cart.
If the customer finds everything fine during checking the order, can send the order to the Seller by clicking the „Continue” button. By sending the order the customer accepts the conditions of the Webshop’s GTC and acknowledges that the order is subjected to a payment obligation. Thereafter the customer can not claim she/he was not aware of the payment obligation comes from finalizing the order.
By ordering through the Webshop the customer becomes the party, who is making an offer, thus the contract concludes by and between the customer and the Seller, when the Seller expressly accepts the offer in writing. The order confirmation e-mail, sent by the Webshop automatically can be not considered as acceptation of the offer.

Description of prices and payment methods
The prices of the products are the list prices valid at the time of the order, which can be seen next to the products in the Webshop. The prices – regardless of currency – does not include VAT and delivery cost (the customers, who have EU VAT number can purchase the products VAT-free).
In case the customer remarks that the shown price of the product is unrealistically low or high during the purchase, thus the Seller reserves the right to review the prices.
The Seller declares that the Purchase price of 0, furthermore in case of discount, the price is not indicated in accordance with the discount is considered especially but not exclusively as an unrealistic different (for example in case of 10% discount for a product worth 10.000 HUF and the shown purchase price is 1.000 HUF. Present example applies to any selected currency).
In case of ordering in an incorrect price the automatic confirmation e-mail sent by the Webshop does not apply as the acceptance of the offer/order according to the last paragraph of the point 2.5.
When expressly accepting the order in writing, the Seller informs the customer about the correct price of the product, and provides the customer an opportunity whether to purchase the product at the correct price or to cancel the contract without any legal consequences.
The Seller informs the customers that after finalization of the orders, it is possible to pay by card through the Barion’s secure payment gateway (with VISA, American Express, MAESTRO or MASTERCARD) and to pay through PayPal’s secure payment gateway.
To pay by card it is not mandatory to registrate, the customer only has to provide the card number, the expiration date and the CVC code on the backside of the card, and a functioning e-mail address. However, if the customer registrates, never ever has to type the card number again at any Barion reception point, to pay it is sufficient to provide the e-mail address and the password. This is not only convenient, but also increases the security as well!

Order processing and fulfillment
Orders are processed on business days from 9 am to 6 pm. The customer can place the order outside of this time interval, which will be processed on the next business day by the Seller.
If, after processing the order the Seller determines the product(s) of the order is in stock, the Seller shall immediately arrange the preparation and fulfillment of the delivery of the product(s).
The usual delivery time regarding the product(s) in stock is 7 to 14 business days (for delivering to the European Union), 7 to 21 business days (for international delivering).
If, after processing the order the Seller determines the product(s) of the order is not in stock, the Seller shall immediately arrange the production of the ordered product(s). The production time for the products distributed by the Seller is differs as follows:
- for snares: 4-8 weeks from placing the order and reception of the price of the product (delivery time is not included);
- for drum kits: 8-14 weeks from placing the order and reception of the price of the product (delivery time is not included);
- for Angel Hoops: 4-8 weeks from placing the order and reception of the price of the product (delivery time is not included);
- for accessories: 4-8 weeks from placing the order and reception of the price of the product (delivery time is not included).
When expressly accepting the order in writing, the Seller informs the customer about the expected fulfilment date of the order.
The Seller informs the customer that the fulfillment date indicated in the expressed written acceptance is for informational purpose, it may be different depending ont he production and delivery time of the product.
If the Seller is unable to fulfill the order, he is obligated to notify the customer immediately of it, and the reason of it, and to refund the already paid amount as soon as possible, but not later than thirty days.

Delivery cost
The Seller charges $30 for snares, $20 for Angel Hoops, $100 for drum kits as delivery cost to the European Union, $70 for snares, $50 for Angel Hoops, $600 for drum kits as international delivery cost, which the customer is obligated to pay.

Methods of delivery

Angel Drums’ delivery partners are FedEX and DHL international freight forwarder companies.

Fixing data entry errors
During the ordering process the customer continuously has the opportunity to correct or delete the entered data.
In case the customer has already moved-forward the form to be corrected, but has not finalized the order yet, the customer should click the back button of the browser until the page to be corrected appears and do the necessary correction.
If the customer wishes to amend the entered data after sending the order, the customer shall contact the Seller at one of the contacts declared present GTC.
The customer by finalizing the order acknowledges, that the Seller can not be held liable for any damages caused to the customer as a result of incorrect data entry or not accurate data provision of the customer.
The Seller draws the customer’s attention that an inaccurate e-mail address provided by the customer during ordering or the lack of mailbox storage capacity, may cause the lack of confirmation, which may prevent the conclusion of the contract. Seller expressly excludes any liability against the customer arising from this.

Confirmation of order
The Seller sends expressed, written confirmation about every order to the e-mail address specified by the customer during the order.
It means, after placing the order the customer receives an automatically sent e-mail about the receipt of the order and later receives another one about the acceptance of the order and the expected delivery date.
The Seller is obligated to confirm the order to the customer without delay but latest within 48 hours from receiving the order. Otherwise, the customer is not boned to the order and is not obligated to take over the delivered product.
Outside of the declared time interval for the processing of the order there is also opportunity for the customer to place the order, if it happens after the described business hours, than it will be processed the next day.
The Seller draws the customer’s attention that an inaccurate e-mail address provided by the customer during ordering or the lack of mailbox storage capacity, may cause the lack of confirmation, which may prevent the conclusion of the contract.

Cancellation, unilateral termination

According to the 3rd and 4th points of (1) Section 8:1 of the Civil Code consumer means a natural person acting outside his profession, independent occupation or business activity, while undertaking means a person acting within its profession, independent occupation or business activity.
- According to the directive 2011/83/EU of the European Parliament and of the Council and the provisions of the Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts concluded by and between consumers and undertakings, the consumer may cancel the contract without reasoning withing 14 days from the receipt of the ordered product.
- In the absence of present information, the consumer is entitled to exercise his/her right of cancellation for 1 year. If the Seller provides the information after 14 days from the date of receipt of the product or the conclusion of the contract, but within 12 months, the cancellation period shall be 14 days from the notification of this information.
- In case of purchasing more products, if the products are delivered in a different time or the product consists of several pieces, the consumer is entitled to exercise his/her right of cancellation within 14 days from receipt of the last product delivered or from receipt of the last piece delivered.
- The consumer has the right of revocation of the offer before the conclusion of the contract, which terminates the binding effect of the offer for conclude the contract, since the Seller’s expressed, written acceptance of the offer is needed for the conclusion of the contract.
- The consumer is also entitled to exercise his/her right to cancel the contract between the date of conclusion of the contract and the date of receipt of the product by an unilateral statement addressed to the Seller.
- The consumer is also entitled to exercise his/her right of cancellation by filling and sending addressed to the Seller the following cancellation template (fill in and return only if you wish to cancel/unilateral terminate the contract):

„Addressee: Drum Valley kft.

Address: 4320 Nagykálló, Széchenyi út 72.

I the undersigned hereby exercise my right of cancellation of the contract subjected for purchasing the following product(s):

Name(s) of product(s)::

Date of conclusion of the contract/date of receipt of the product:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s):

Dated: ………………………………”

The obligations of the undertaking in case of the cancellation or unilateral termination of the consumer
In case of the cancellation of the consumer the Seller is obligated to reimburse the full purchase price paid by the consumer, without delay, but within 14 days from receipt the consumer’s cancellation statement at latest.
In case of the consumer’s cancellation, the Seller reimburse the total amount paid by the consumer – including the delivery cost as well – to the consumer. However, the Seller is not obligated to reimburse the extra costs to the consumer, arising from the transport mode choosen by the consumer, which is not the cheapest, ordinary delivery mode offered by the Seller.
Based on the expressed consent of the consumer, the Seller may apply another payment method of reimbursement, but arising from this, the consumer may not burden any surcharge.
In case the consumer expressly selects a delivery mode which is different form the least expensive and ordinary transport mode, the Seller is not obligated to reimburse the surcharge arising from this.
The Seller is entitled to withhold the reimbursement of the total amount paid by the consumer whiles, the product has not been returned or the consumer has not provided credible proof of it has been returned. The seller is not entitled to withhold, if the product return is assumed by the Seller.
Any term entitling the undertaking to a monetary claim in addition to the consideration that is due for the performance of the principal obligation under the contract in particular cannot be considered as one expressly accepted by the consumer, if the undertaking applies a default option (pre-filled field) that the consumer should reject in order to avoid paying the extra amount. In this case the undertaking is obligated to reimburse the amount paid this way to the consumer.
- The obligations of the consumer in case of the cancellation or unilateral termination of the consumer
If the consumer wishes to exercise his/her right of cancellation without reasoning, he/she is obligated to send the cancellation statement (which contains the intention to cancel the contract) to one of the following contacts within 14 days from receipt the product:

Post address: 4320 Nagykálló, Széchenyi út 72.

Email address: mailto:fabian@amberdrums.com info@angeldrum.com

In case the consumer is willing to exercise his/her right of cancellation according to the Section 22 of the Government Decree 45/2014 (II. 26.), thus he/she is obligated to return the product without delay, but within 14 days from the date of the notice of the cancellation at latest to the address given by the Seller, or to hand over the product to the undertaking or to the authorized person by the undertaking.
The deadline is considered to be met if the consumer sends the product before the deadline.
The consumer bares the costs of the product return for exercising his/her right of cancellation, except if the Seller agrees to bear these costs. In addition, there are no other costs for the consumer.
Present Webshop does not bear the costs of the product return, thus it is borne by the customer.
In case if the product is delivered to the consumer at the same time of concluding of the off-business premises contract, the Seller transports back the product by his own cost, if by its nature it cannot be returned by post.
The consumer is only responsible for depreciation resulting from use exceeding the use necessary to determine the nature, properties and operation of the product. The consumer is not responsible for the decrease in value if the undertaking does not inform the consumer about the right of cancellation.
- The consumer is not entitled to exercise his/her right of cancellation in cases defined in the Section 29 paragraph (1) of the Government Decree 45/2014 (II. 26.).

Warranty for material defects

In case of the defective performance of the Seller, the consumer is entitled to enforce a claim of warranty for material defects against the Seller, in accordance with the provisions of the Civil Code.
- Under the warranty for material defects the consumer is may claim the repair or replacement of the product, unless the performance of the chosen remedy for breach of warranty for material defects is impossible, or it would result in disproportionate additional costs to the undertaking compared to satisfying a different claim for warranty for material defects.
- If the consumer has not or may not claimed the repair or the replacement, thus the consumer may claim the pro rata reduction of the consideration or may repair the defect himself/herself or have it repaired by somebody else at the undertaking’s expense, or – in final case – may cancel the contract.
- The consumer may switch from the chosen remedy for breach of warranty for material defects to another remedy, however the consumer shall pay the costs caused by the switch, unless if the switch was well-founded or the undertaking has given a reason for the switch.
- Following the detection of the defect, the consumer is obligated to communicate the defect to the undertaking without delay, but not later than two months after the detection of the defect.
- The consumer’s claim of warranty for material defects shall lapse after two years from the time of performance of the contract.
- Within six months from the performance of the contract, there are no other conditions than communication the defect to claim the warranty for material defects, if the consumer verifies that the product or the service was provided by the Seller.
- However, after six months from the performance of the contract, the consumer is obligated to prove that the defect detected by the consumer was already present at the time of performance.

Product warranty

In case of the defect of the product, the consumer may choose to enforce the claim of warranty for material defect, described in point 4. or the claim of product warranty against the producer or the distributor of the product.
- As product warranty claim the consumer is entitled only to claim the repair or the replacement of the defected product.
- A product is defective if it does not comply with the quality requirements applicable at the time of placing the product on the market, or if it does not have the characteristics indicated in the description provided by the producer. In case of enforcing the product warranty claim the defect of the product must be proven by the consumer.
- The consumer may enforce the product warranty claim within two years from placing the product on market by the producer. The expiry of this time limit shall cause the termination of the consumer’s product warranty right.
- The producer (distributor) shall be exempted from the product warranty obligation only if he proves that:
he has not produced or distributed the product within his business activities or independent professional activities;
the defect was not recognisable given the state of scientific or technical knowledge when the product was placed on the market; or
the product’s defect was caused by the application of a law or a mandatory authority provision.
- To the producer (distributor) it is sufficient to be exempted from the product warranty obligation to prove one cause to the consumer.
- The Seller informs the customer, due to the same defect the customer is not enforced to claim the warranty for material defects and the product warranty at the same time, in parallel.
- In case if the consumer enforces his/her product warranty claim successfully, the consumer is entitled to enforce his/her claim of warranty for material defects for the replaced product or repaired part against the producer.

Guarantee

According to the 21. point of the Annex No. 1. of the Government Decree 151/2003 (IX. 22.) the Seller is obligated to provide guarantee for the products sold by the Seller – if the purchase price of the products exceeds HUF 10 000.
- Period of the guarantee:
one year for sale prices up to HUF 10 000 but not exceeding HUF 100 000,
two years in case the sale prices exceeding HUF 100 000, but not exceeding HUF 250 000
three years in case the sale price is above HUF 250 000.

Failure to meet this time limits shall result in the forfeiture of rights.

The time limit of the guarantee begins with the handover of the consumer goods to the consumer or with the date of the startup if the startup is made by the undertaking or its agent.
- If the startup has been made after six months from the handover of the consumers good by the consumer, thus the time limit of the guarantee begins with the handover of the consumer good.
- In case of repairing the consumer good, the time limit of the guarantee shall be prolonged with the time, from date of handover for repair to the time during the consumer was unable to use the consumer good as it was designated due to the defect.
- The Seller is obligated to made available the warranty booklet at the same time with the consumer good in a way, which secures the good readability of the content of the warranty booklet at the end of the time limit of the guarantee. The warranty booklet must be worded in Hungarian in a clear and understandably manner.
- Must be indicated on the warranty booklet:
the name and the address of the undertaking,
the name (used for identification), the type and the serial number – if its available – of the consumer good,
the name and the address of the producer, if its not the undertaking,
the date of the conclusion of the contract, the handover of the consumer good to the consumer or the startup – if the startup is made by the undertaking or its agent,
the consumer’s rights under the guarantee, the time limit, place and conditions for enforcing them, and
the information, in case of consumer dispute, the consumer is entitled to initiate the proceed of the conciliation board attached to the county (capital) chamber of commerce and industry,
the stamp of the undertaking and the signature of the person acting on its behalf during issuance, and in case of transmission by electronic document, the electronic signature.
- The warranty booklet has to indicate, that the guarantee does not affect the consumer’s rights arising from any legislation.
- The Seller is entitled to hand over electronically the warranty booklet described above to the consumer. The invoice given electronically to the consumer can be accepted as a warranty booklet, if its content also suitable with the provisions of the government decree regarding the warranty booklet. The Seller is obligated to hand over electronically the warranty booklet not later than the following day from the handover of the product or the startup. If the Seller does not hand over the warranty booklet as a sent electronic document, but makes it available to the consumer in the form of a download address, the downloadability of the electronic warranty booklet shall not be terminated by the Seller until the end of the guarantee period, the download address must be available.
- The rights arising from the guarantee can be enforced by the warranty booklet, which the return of the opened packaging of the consumer good by the consumer cannot be made as a condition.
- Irregular issuance of the warranty booklet or failure to make the warranty booklet available to the consumer does not affect the validity of the guarantee.
- In case of the failure to make the warranty booklet available to the consumer, the conclusion of the contract must be considered proven, if the consumer presents a document – issued on the basis of the act on value-added tax – proving the payment of the consideration. In this case the rights arising from the guarantee can be enforced by the document proving the payment of the consideration.
- The consumer may enforce his/her claim of repair according to his/her choice in the seat, any establishment and branches of Seller or directly in the repair service which is indicated on the warranty booklet.
- In case of repair only new parts can be installed to the consumer good.
- In case of fulfillment of repair claim the Seller or – in case of repair claim enforced directly to the repair service – the repair service must indicate or attach to the warranty booklet:
date of the announcement of repair claim and the takeover for repair, and the milage if it is a vehicle,
the cause of error and the method of repair, and
date of the return of the consumer good, and the milage if it is a vehicle.
- In case of fulfillment of replace claim the Seller must indicate the fact and the date of replacement on the warranty booklet.
- If in case of the first repair of the consumer product during the specified guarantee period, the Seller determines that the consumer good cannot be repaired, the Seller is obliged to replace the consumer good within eight days, unless otherwise ordered by the consumer. If the replacement of the consumer good is not possible, the Seller is obligated to reimburse the consideration shown on the document – issued on the basis of the act on value-added tax – by the consumer within eight days.
- If during the guarantee period specified in legislation the consumer good after being repaired three times, fails again – unless otherwise ordered by the consumer – and if the consumer does not require the pro rata reduction of the purchase price according to the section 6:159 paragraph 2 point b) of the Civil Code and the consumer does not wish to repair the consumer good or to have it repaired by somebody else on the costs of the Seller, the Seller is obligated to replace the consumer good within eight days. If the replacement of the consumer good is not possible, the Seller is obligated to reimburse the consideration shown on the document – issued on the basis of the act on value-added tax – by the consumer within eight days.
- If the consumer good is not repaired by the thirtieth day from the date of notification of the repair claim to the Seller, – unless otherwise ordered by the consumer – the Seller is obligated to replace the consumer good within eight days from the ineffective expiration of the thirty-day period. If the replacement of the consumer good is not possible, the Seller is obligated to reimburse the consideration shown on the document – issued on the basis of the act on value-added tax – by the consumer within eight days from the ineffective expiration of the thirty-day period.
- If the repair cannot be made at the place of the operation the undertaking or – in case of repair claim enforced directly to the repair service – the repair service will take care of the removal and installation, as well as the delivery and return.
- If the consumer enforces his/her claim of replacement due to the failure of the consumer good within three business days from the purchase (stratup), the undertaking cannot refer to the result in disproportionate additional costs according to the section 6:159 paragraph 2 point a) of the Civil Code, but is obligated to replace the consumer good, if the failure prevents the designated use.
- In contracts between consumers and undertakings a clause that departs, to the detriment of the consumer, from the provisions of the Government Decree 151/2003 (IX. 22.) shall be null and void.

Miscellaneous

After placing the order, the customer may contact our customer service via contact details below regarding guarantees, cancellation or other matters related to the order or the ordered product.

Telephone number of the customer service: +36702797617

E-mail address of the customer service: info@angeldrum.com

Complaints about the activities of the Webshop or the products distributed by the Webshop can be submitted to the operator of the Webshop also by e-mail or by post.
- The Seller is obligated to respond in writing to the complaints received via e-mail or post and to send it within 25 days to the customer.
- In case the Seller does not consider the complaint made by the customer legitimate, than is obligated to justify it and send to the customer in writing and obligated to inform the customer in writing as well, that regarding to his/her complain which compliant handling options are available to he/she.
- The Seller is obligated to provide the seat, telephone and internet contact and post address of the competent conciliation board based on the consumer’s place of residence or stay.
- The Seller is obligated to keep the protocol of the complaint and the copy of the respond for five years.
- The consumer regarding his/her compliant about the Seller’s activity may submit at the contact details below.

Post address: 4320 Nagykálló, Széchenyi út 72.

Telephone number: +36702797617

Email address: info@angeldrum.com

Nemzeti Adatvédelmi és Információszabadság Hatóság

1125 Budapest, Szilágyi Erzsébet fasor 22/C.

Post address: 1530 Budapest, Postafiók: 5.

Telephone number: +36 -1-391-1400

Fax: +36-1-391-1410

E-mail address: ugyfelszolgalat@naih.hu

Authority for Consumer Protection

The consumers may submit their consumer protection complaints to the competent district office based on the consumer’s place of residence. After the judgement of the compliant, the authority’s procedure will be conducted if necessary. On second instance the competent authority is Pest Megyei Kormányhivatal with national competence. The list of the district offices can be found at the following link: http://jarasinfo.gov.hu/.

Conciliation Board
If the consumer’s complaint is refused by the Seller, thus the consumer is entitled to file a consumer complaint against the Seller at the competent Conciliation Board based on consumer’s place of residence or stay.
The procedure of the conciliation board is initiated at the consumer’s request.
The condition for the consumer to contact the Conciliation Board is that the consumer attempts to settle the dispute directly with the Seller. The direct settlement of the dispute may take place in person at the Seller’s customer service, via telephone or e-mail. Further requirement is to file a request of the board’s procedure to the chairman, which contains the followings:
- name and place of residence or stay of the consumer;
- name and seat or establishment of the undertaking, with whom the consumer has the dispute;
- if the consumer wishes to file the request to the board, which is competent based on the place of performance of the contract, than the consumer must mark the place of performance of the contract;
- the consumer’s point of view on the ongoing dispute, as well as the facts and evidence that support his/her own point of view;
- the statement of the consumer, which certifies, that he/she attempted to settle the dispute directly with the undertaking;
- the consumer also has to declare, that he/she did not initiates a procedure at other conciliation board in his/her dispute, did not initiates any mediation procedure or civil procedure;
- it has to include what is he/she asking for, what kind of decision he/she expects the board to make;
- finally, the consumer’s signature must appear on the request.

In addition to all of this, the request must be attached by all documents that the consumer refers to as evidence, as well as documents that prove that the consumer tried to settle the dispute with the undertaking but it was unsuccessful.
The Seller is obligated to cooperate in the procedure of the conciliation board.
The contact details of the conciliation boards are available at the following link: https://bekeltetes.hu/tartalom/24/menu/15

Choice of court
If the consumer does not bring the matter before the conciliation board or the procedure proves to be inconclusive, thus the consumer is entitled to bring the matter before court in order to settle the legal dispute.
.
The legal relationship between the parties is governed by Hungarian law.
The proceedings shall be initiated by filing a statement of claim, which includes the following information:
- The introductory part of a statement of claim shall indicate:

a) the name of the proceeding court,

b) the names of the parties and their position in the procedure, identification data of the plaintiff, known identification data of the defendant, including his domicile or seat at least, and

c) the name, seat, phone number, and electronic mail address of the plaintiff’s legal representative, as well as the name of the legal representative designated to receive official documents, if multiple legal representatives participate.

The substantive part of a statement of claim shall indicate:

a) an explicit claim requesting the court’s decision,

b) the right to be enforced, by specifying the legal basis,

c) the right to be enforced and the facts supporting the claim,

d) legal arguments demonstrating the relationship between the right to be enforced, the statement of fact and the claim, and

e) available evidence and motions for evidence in support of each statement of fact, in the manner specified in this Act.

The closing part of a statement of claim shall indicate:

a) the value of the subject matter of the action, and the facts and legal provisions taken into account to determine that value,

b) the facts and legal provisions establishing the material and territorial jurisdiction of the court, as well as its jurisdiction if an international element is involved in the case,

c) the amount paid as a procedural fee and the method of payment or, if no procedural fee was paid, a request for legal aid or, in the event of being exempted from paying procedural fees by virtue of law, the facts and legal provisions underlying exemption,

d) the facts and legal provisions establishing the capacity of a party other than a natural person to be a party, as well as the power of representation in the proceedings of the person identified as the statutory representative of a party and of an agent, and

e) the evidence supporting the facts presented in the closing part.

– The deed or the copy of the deed, the content of which is referred to as evidence shall be attached to the statement of claim.

The European Commission created a website, where the consumers can registrate, thus through this website, they have the opportunity to settle their disputes regarding to online purchasing, to avoid the procedure of the court. Thus the consumers may entitle their rights without, for example, distance preventing them from doing so.
Hungary is also obligated to operate an online dispute resolution contact point, where at least two consultants must be available, who can help the parties in dispute, if they have any question regarding the procedure. In Hungary this duty is performed by the Budapest Conciliation Board.
The online dispute resolution platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU

Data privacy

In order to create a contract for online sale of products, define its content, modify it, monitor its performance, invoicing the resulting fees, and enforce related claims, the Seller may process the personal data and address, which is necessary to identify the customer.
- For the purpose of invoicing the fees arising from the contract for the online sale of products, the Seller may process the personal data of the natural person, address and data on the time, duration and place of the use of the service.
- For the purpose of providing the service, the Seller may process the personal data that is technically absolutely necessary for the provision of the service. If the other conditions are the same, the Seller must choose and in any case operate the used means in such a way that personal data is only processed if it is absolutely necessary for the provision of the service and the fulfillment of other purposes defined by law, however, even in this case only to the extent and for as long as necessary.
- The Seller may process the data related to the order for any other purpose – in particular to increase the efficiency of its service, to deliver electronic advertising or other addressed content to the user, for the purpose of market research – only with the prior determination of the purpose of data processing and based on the customer’s consent.
- Before and during the order, prohibition of data processing must be provided continuously for the customer.
- The data specified in the legislation cannot be linked to the customer’s identification data and cannot be transferred to a third party without the customer’s consent.
- After the failure to conclude the contract, termination of the contract or invoicing, the processed data has to be deleted. The data has to be deleted if the purpose of the processing is terminated or the customer disposes so. Unless otherwise provided in law, the data deletion must be carried out immediately.
- The order cannot be made dependent on the customer’s consent to processing for a purpose not mentioned in the law, if the given service cannot be used from another service provider.
- Excluding the information specified in a separate law, the Seller must ensure that the customer can cognise what is the purpose of processing and which types of data is processed before and during the order, including the processed data that cannot be directly linked to the customer.

Copyrights

The Web Store as a whole, its graphic elements, text and technical solutions, and the elements of the Service are protected by copyright or other intellectual property rights (especially trademark). The service provider is the copyright holder or the authorized user of all content displayed during the provision of services available through the Webstore: any author’s work or other intellectual creation (including, among others, all graphics and other materials, the layout and editing of the Webstore’s interface, the used software and other solutions, ideas, implementation).
- Saving or printing the content of the Webshop, as well as certain parts of the Webshop, on a physical or other data medium is permitted for private use or with the prior written consent of the Service Provider. Use beyond private use – for example storage in database, transmission, publication or download, commercialization – is only permitted with the prior written consent of the Service Provider.
- In addition to the rights expressly defined in present GTC, the registration, use of the Webshop, and no provisions of the GTC grant the customer the right to any use or exploitation of any trade name or trademark indicated on the Webshop’s interface. In addition to the display associated with the intended use of the Webshop, the necessary temporary duplication and making copies for private purposes, these intellectual works may not be used or exploited in any other form without the prior written permission of the Seller.
- The Seller reserves all rights to all elements of its service, in particular the domain name www.angeldrum.com, its subdomains, all other domain names occupied by the Seller, its subpages, as well as its internet advertising surfaces. All activities aimed at listing, organizing, archiving, hacking, and reverse engineering of source code of the Service Provider’s database are prohibited, unless the Seller gives permission to do so.
- Without other agreement or the use of the service for this purpose, it is forbidden to modify, copy, insert new data or overwrite existing data in the Seller’s database by bypassing the interface provided by the Seller or search engines.

Unilateral amendment of General Terms and Conditions

The Seller is entitled to amend unilaterally present General Terms and Conditions with the prior information of the customers provided through the Webshop’s interface. The amended provision entering into force against the customer upon the first use of the Webshop and must be applied to orders placed after the amendment.

Present General Terms and Conditions enter into force: 2022.01.01.