Terms of service
This is a translated version of the original hungarian terms of service (you can find "ÁSZF" here). We do our best to improve this text and correct the mistranslation, if any. As all webshops in EU we follow EU and national regulations aswell. If there is any doubt, or question, the hungarian version is the standard.
Translation:
General Terms and Conditions for optimistwebshop.com
These General Terms and Conditions (hereinafter: GTC) govern the rights and obligations of Hodács Composites kft. (hereinafter: Service Provider), and the Customer utilizing the electronic commerce services provided through the www.optimistwebshop.com online store (hereinafter: web store) by the Service Provider (hereinafter: Customer). (Service Provider and Customer hereinafter collectively: Parties). The GTC, except for reseller agreements, applies to every legal transaction and service conducted through the www.optimistwebshop.com website. The contract is not considered a written contract; they are not filed by Hodács Composites kft., thus, they are not accessible or viewable later.
Operator Information
· Company Name: Hodács Composites Korlátolt Felelősségű Társaság (abbreviated name: Hodács kft.)
· Headquarters: 8175 Balatonfűzfő, HRSZ 1500/61.
· Tax Identification Number (tax number): HU32630747
· Company Registration Number: 19-09-525666
· Issuing Court of Registry: Veszprém Court of Registry
· Contract language: Hungarian
· Electronic accessibility: info@optimsitwebshop.com
· Telephone accessibility: +36-30-310-1972
· Hosting provider's name: Kornél Takó
· Hosting provider's address: 8225 Szentkirályszabadja, Erkel Ferenc u. 7.
· Bank account number: K&H Bank: 10402290-50526968-83831006
· Contact person: Attila Hodács
1. General Information
The scope of this GTC extends to all electronic commerce services
provided within Hungary and EU countries through the electronic store found on the website (hereinafter: web store). Furthermore, the scope of this GTC extends to all commercial transactionswithin Hungary and EU between the parties defined in this contract. Purchases in the web store are governed by the Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, Government Decree 45/2014. (II.26.) on the detailed rules of contracts between consumers and businesses, and the Civil Code Act V. of 2013.
In addition to products manufactured by Hodács Composites kft., the web store
also offers and sells Optiparts, Optimast boating equipment and sailing accessories, as well as products from Optimum Time watch manufacturing. The web store is designed to provide customers with various equipment for competitive and leisure sailing in one place. Purchasing in the web store is possible through electronic orders placed in the manner specified in this GTC. The products are delivered by MPL or DPD company. (More details on delivery and charges below.) The products can also be purchased in person at the premises: Hungary, 8175 Balatonfűzfő, HRSZ: 1500/61; on working days between 9-13h.
Please, if you wish to be a purchaser or active user of our web store, carefully read our General Terms and Conditions! Only use our services if you agree with all points and consider them binding. The contract is not filed; it is concluded only in electronic form, thus, it is not accessible or viewable later. The optimistwebshop.com does not subscribe to any code of conduct. Should you have any questions regarding the operation of the web store, ordering, and delivery processes, our contact details provided in the Operator Information section are at your disposal!
2. Ordering Process
To fulfill the contract (delivery of product/s), it is necessary for the Customer to provide accurate details. If the Customer has registered in the web store, they can view and modify their data by clicking on the "Data Modification" link.
Registration is not required for browsing among products and placing orders. Some
services of the web store are only available after registration. The advantage of
registration is that if you wish to order from us again, you do not need to enter your data
anew.
The Service Provider is not liable for any delivery delays or other problems, errors resulting from data incorrectly and/or inaccurately provided by the Customer. The Service Provider is not responsible for damages arising from such situations. The Service Provider is not liable for any damage or error resulting from the Customer's modification of registered data.
Essential characteristics and features of some products can be known from the datasheet
accessible by clicking on the picture of the product. It is considered a contractual fulfillment by the Service Provider if the product has more favorable, advantageous properties than the
information provided on the website or in the instructions for use. The instructions for use of the products – where required by law – are provided by the Service Provider with the product.
The product data in the web store are for informational purposes. The images displayed next to the products are illustrations and may differ from reality. Minimal differences between the photo and the color of the product are possible since the photos were taken in a studio with flash lighting using digital technology. In the case of patterned materials, it may happen that the pattern does not align exactly as in the photo due to the cut. There is no separate warning for possible discrepancies on the datasheets of individual products.
The purchase price of the product is always the amount indicated next to the selected product, which already includes the value-added tax. The purchase price of the products does not include the cost of delivery.
The Service Provider reserves the right to change the prices of products available in the web store, with the modification taking effect simultaneously with its publication on the website. Changes do not adversely affect the purchase price of products already ordered. However, no refunds are available for price reductions occurring between the acceptance of the order by the Service Provider (and its confirmation) and the receipt of the product.
If, despite the Service Provider's diligence, a wrong price is posted on the website, especially a price that is obviously incorrect or significantly differs from the estimated price, the web store will cancel the order at the incorrect price, and in this case, the offer to purchase is not accepted by the store. The Customer is informed of this after the order has been recorded since the order summery message (e-mail) does not constitute acceptance of the offer, especially in the case outlined in this section, acceptance of the offer can occur at the correct price. With this information, the Customer may withdraw from their purchase intention.
If the store confirms the order at the incorrect price, the store reserves the right to challenge the contract on the grounds of mistake. A mistake is present in all cases when the consumer could have recognized, given the general expectation of attentiveness and care in commercial practice, that the store was under a misapprehension regarding the purchase price at the time the contract was concluded.
Ordering process:
· The Customer can navigate and search from categories selectable in the top menu of the web store. Various filtering options also assist the search. Product datasheets are accessible by clicking on the images. For some products, it is possible to select a size on the datasheet. Models available in multiple colors are listed as separate products.
· Orders can be placed using the virtual cart. After selecting the size of the product(s) and –if the Customer wishes to purchase multiple items of the same product – the quantity, the product(s) can be added to the cart by clicking the "Add to cart" button. The cart can be found at the top right of the website and viewed by clicking on the "Cart" link, where products can also be modified or deleted.
· After finalizing the contents of the cart, the "place order" button takes the Customer to a form for entering their details and the specific contractual conditions. To place an order, it's mandatory to provide the Customer's name, billing and delivery address, telephone number, email address, and gender, and to select a mandatory payment and delivery method. If the Customer has a discount coupon, the discount can be applied by entering the coupon number on the form. Discounts can only be applied at the time of placing the order. Discounts cannot be combined; either a coupon can be applied per order.
· In addition to completing the mandatory fields on the form, the Customer must declare – by clicking on the box found on the form – that they have read and accepted the current GTC, as well as the privacy and data handling policies. Following this, the order is placed by clicking on the “place order” button.
Orders can be placed through our web store at any time. Upon opening, we process the order and confirm by email or phone when it can be fulfilled. The order becomes active after confirmation. The general fulfillment deadline is within 3-5 working days from confirmation for in-stock products, while for out-of-stock items, it depends on the order and procurement.
If the ordered goods are not in stock, we will provide information about the expected arrival time, or alternatively offer a substitute product. During the phone conversation, the orderer has the opportunity to modify or cancel the order. Partial fulfillment can only occur after consulting with the orderer! If the product purchase price has been prepaid, the amount will be refunded to the sender.
We reserve the right to partially or fully refuse confirmed orders. If the authenticity of the
registration data is questionable or unintelligible, we will delete the data and consider
orders placed with these data as invalid.
3. Order Confirmation
The Service Provider will send an automatic order summery email without delay upon receiving the Customer's offer (order), which includes the details provided by the Customer during the order (e.g., billing and delivery information, etc.), the order ID, the date of the order, a list of the items ordered with their quantity, the price of the product, shipping costs, and the total amount due. During the processing of the order after opening, the Service Provider issues an invoice and sends it to the email address provided by the Customer. If any questions arise during the order processing, the Service Provider will contact the Customer by phone/email.
This second email, which also includes the invoice, confirms the Service Provider's acceptance of the Customer's offer (order) and thus, a valid contract is established between the Service Provider and the Customer.
The automatic confirmation e-mail (or order summery e-mail) of the order does not mean that the Service Provider can definitely deliver the ordered product(s). Especially for discounted or discontinued products, it may happen that the ordered product is incomplete or damaged, thus unsellable. In such cases, the Service Provider will inform the Customer of the fulfillment obstacle as soon as possible, by email or phone.
The Customer is released from the offer obligation if they do not receive the automatic confirmation email from the Service Provider regarding their sent order without delay, namely within 48 hours. In some email service systems (e.g., freemail.hu, citromail.hu, hotmail.com), the automatic confirmation email may be identified as a spam message, so it's advisable to check the spam folder after placing the order. The order is considered a contract concluded electronically, governed by the Civil Code Act V of 2013, the Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society, and falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, taking into account the provisions of the European Parliament and Council Directive 2011/83/EU on consumer rights.
4. Delivery Terms
The Service Provider delivers the ordered product(s) to the Customer at the delivery address provided during the ordering process, using a courier service (hereinafter: courier service). In this case, the delivery charge is listed on the invoice and must be paid by the Customer according to the payment method chosen during the order.
Delivery and payment terms:
· Home delivery with cash on delivery Products ordered from the web store are delivered to your home (for non Hungarians) by DPD or GLS in a 3-5 days shipment. The customer must pay the product's price and the shipping cost to the courier.
The delivery charge for this option is 35 Euro.
· Home delivery with advance payment If a non-cash payment method is chosen, we will start posting the products only after the payment transaction has been completed. For transfers, we await the order's value in the bank account listed at the top of this page. If the purchase price of the ordered goods does not arrive within 8 days following the order confirmation, we will attempt to contact you to clarify the reason for non-payment. If contact cannot be established, we will cancel the order. For this shipping and payment option for non Hungarians the DPD or GLS Parcel Service also delivers the products ordered from the web store in a 3-5 day shipment form to your home.
The delivery charge for this option is 35 Euro.
Transfer information:
· Company name: Hodács Composites kft.
· IBAN number: K&H Bank, HU63-1040-2290-5052-6968-8383-1013
SWIFT/BIC: OKHBHUHB
· Notes section: Please include your order number and or the invoice number
Orders made in the web store are fulfilled within 3-5 days after confirmation.
Notice regarding package receipt
Only order products with cash on delivery if you are able to pay the courier upon receipt! For
packages not received and returned, we charge the return shipping cost to the orderer, and re-shipment is only possible after transferring the package's value in advance! We cannot provide compensation for delivery delays. Ownership of the products transfers to the Buyer upon full payment. If several orders from the same Customer arrive on the same day, they are considered separately for the purpose of home delivery charges. If the Customer indicates during the second order placement and based on the Service Provider's response, there is still a chance, the Service Provider may combine the orders, but there is no possibility to combine already dispatched packages. The Service Provider reserves the right to change the delivery charge, with the change taking effect simultaneously with its publication on the website. The change does not affect the purchase price of products already ordered.
The ordered product(s) arrive in sealed packages, and if payment has not been made in advance, the purchase price and any shipping costs must be paid in cash to the courier against the invoice. If the packaging is damaged upon receipt, it is recommended to open the package containing the product(s) in the presence of the courier, to check the integrity of the product(s), and to report the damage to the Service Provider. The courier will record the delivery of the damaged product.
The courier delivers packages on weekdays between 8-17 hours. If you are not
home during this time, it is advisable to provide a work address for delivery (if possible).
Cash on delivery orders can only be paid in cash to the courier; voucher or other cash
substitute payment methods are not available.
5. Coupons
Coupons provide a discount that, similar to a gift voucher, can reduce the amount of the purchase. Coupons can be obtained through various promotions. When using coupons, the coupon code must be entered in the empty field below the contents of the cart, then by clicking the "Send" button, the coupon value is automatically deducted from the total amount. There is no possibility to apply the voucher retrospectively after finalizing the order. The voucher cannot be exchanged for cash, and partial redemption is not possible. The unused amount is lost.
6. Right of Withdrawal
The provisions in this section apply exclusively to natural persons acting outside their trade, business, or profession, who purchase, order, receive, use, or
utilize goods, and are recipients of commercial communication or offers regarding the
goods (hereinafter: Consumer).
The Consumer is entitled in the case of a contract for the sale of goods
a) to the goods,
b) in the case of the provision of several goods, to the last good provided,
1. The Consumer, or a third party designated by them other than the carrier, has the right to
withdraw from the contract without giving any reason within 14 (fourteen) calendar days
from the day of receipt of the goods.
2. The Consumer is entitled to exercise the right of withdrawal during the period between
the date of conclusion of the contract and the date of receipt of the product.
3. The Consumer is not entitled to the right of withdrawal for products in sealed packaging
that are not suitable for return for health protection or hygiene reasons once they have
been unsealed after delivery (e.g., underwear, swimwear).
Procedure for exercising the right of withdrawal:
According to the regulations of Government Decree 45/2014 (II. 26.), the consumer may withdraw from the contract without reason within fourteen (14) working days. The consumer can exercise the right of withdrawal from the day the goods were received. The mentioned government decree can be viewed here: http://njt.hu/cgi_bin/njt_doc.cgi?docid=167547.260043
In the event of withdrawal, the web store shall promptly, but no later than fourteen days after the withdrawal, refund the amount paid by the consumer as soon as the consumer has returned the product or has credibly demonstrated that it was sent back. The consumer bears the costs associated with the return of the goods due to exercising the right of withdrawal. No other costs shall be charged to the consumer. However, we must pass on to the consumer any possible damage resulting from improper use.
Claims for withdrawal can be made by the consumer via email, postal mail, in person, or by phone. In the case of withdrawal in writing, it is considered timely if the consumer sends the declaration of withdrawal before the deadline expires.
Unless otherwise agreed by the parties, the consumer may not exercise the right of withdrawal in the following cases:
a) for a service contract after the
service has been fully performed, if the performance began with the consumer's express prior consent, and the consumer acknowledged that they would lose their right of withdrawal after thecompletion of the service;
b) for products or services whose price depends on fluctuations in the financial market that the business cannot control and which may occur within the withdrawal period;
c) for a product made to the consumer's specifications or clearly personalized;
d) for perishable goods or goods that can quickly deteriorate or expire;
e) for sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f) for goods which are, after delivery, according to their nature, inseparably mixed with
other items;
g) for alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, but which cannot be delivered within thirty days, and whose
actual value depends on market fluctuations the trader cannot control;
h) for urgent repair or maintenance works, if the business was requested by the consumer to carry out the visit;
i) for sealed audio or sealed video recordings or sealed computer software, if the goods were unsealed after delivery;
j) for newspapers, periodicals, or magazines, with the exception of subscription contracts;
k) for contracts concluded at a public auction;
l) for the provision of accommodation services other than for residential purpose, goods transportation, car rental services, catering, or services related to leisure activities if the contract provides for a specific date or period of performance;
m) for digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
Procedure for exercising the right of withdrawal
If you wish to exercise your right of withdrawal, you can indicate this through any of our provided contact methods, either in writing or by phone.
For postal notifications, the date of posting is considered, for phone notifications, the date of the call, and for email notifications, the date the email is received. When notifying by post, it is recommended to send your notification by registered mail to prove the date of posting. The
ordered product should be returned to our company's address by post or courier service. It's
important that the costs associated with the return of the product are borne by the buyer; our
company cannot accept parcels sent with cash on delivery (COD)!
Please pay special attention to the intended use of the product, as damages arising from
improper use are the responsibility of the buyer!
1. If the Consumer wishes to exercise their right of withdrawal, they must send a clear
statement of their intent to withdraw using the contact details provided in the web store,
either by mail or electronic mail to the Service Provider.
2. If the Consumer does not use the template provided by the Service Provider to exercise
their right of withdrawal, the statement is clear if it includes, in addition to the withdrawal
declaration, at least the Consumer's name, delivery address, and order number.
3. The Consumer exercises their right of withdrawal in a timely manner if they send their
statement of withdrawal to the Service Provider before the expiration of the specified
deadline.
4. It is the Consumer's responsibility to prove that they have exercised their right of
withdrawal in accordance with the provisions specified in point 7.
5. The withdrawal is considered timely if the Consumer sends the statement to the Service
Provider within 14 (fourteen) calendar days (including the 14th calendar day). In the case
of postal dispatch, the Service Provider considers the date of posting, and for electronic
mail, the time of sending the electronic mail for the purpose of calculating the deadline.
6. In the event of withdrawal, the Consumer is obliged to return the ordered product(s) to
the address of the Service Provider who issued the invoice without undue delay, but no
later than 14 (fourteen) calendar days after notifying the Service Provider of their
withdrawal statement, by registered mail, courier service, or in person. The deadline is met
if the Consumer sends (posts or hands over to the courier they have ordered) the product
before the expiry of the 14-day period to any of the addresses specified above. The cost
of returning the product(s) to the Service Provider's address is borne by the Consumer.
The Service Provider cannot accept packages returned cash on delivery. Besides the cost
of returning the products, the Consumer incurs no other costs associated with the
withdrawal.
Please return the product(s) to the following address: Hungary, 8175 Balatonfűzfő, HRSZ 1500/61 (road leading to Papkeszi)
If the Consumer withdraws from the contract, the Service Provider shall immediately, but no later than 14 (fourteen) calendar days after receiving the Consumer's withdrawal statement, refund all payments made by the Consumer, including delivery charges. The Service Provider is entitled to withhold the refund until the product is returned or the Consumer has provided indisputable proof of having sent it back: the Service Provider will consider the earlier of the two dates. For the refund, the Service Provider uses the same payment method used in the original transaction, unless the Consumer expressly consents to the use of a different payment method; in such cases, the Consumer will not incur any additional fees.
The Consumer may only be held liable for the depreciation of the product if it results from handling other than what is necessary to establish the nature, characteristics, and functioning of the product.
7. Warranty, guarantee
Hodács Composites kft.places great emphasis on
offering high-quality products. However, it may occur that a product reveals a manufacturing or material defect during use.
For these malfunctions, we offer a 12-month warranty for most of our products.
In case of malfunction, please contact us through our available contact details. The warranty does not cover damages resulting from improper use, so please carefully read the instruction manual! Should the product prove to be defective, we strive to rectify the issue as soon as possible. Warranty claims within the warranty period can be validated with an invoice and a warranty card. Warranty claims cannot be validated if the defect is the result of abnormal use or storage not in accordance with the instructions, if the product was repaired by a service or individual not listed in the service list, or if repairing the device becomes impossible due to reasons outside the manufacturer, seller, or service's operational scope.
The cost of delivering the products to the warranty service center is borne by the buyer. We do not accept packages sent postage due; such packages will always be sent back to the sender!
The seller's liability for warranty and guarantee is governed by the provisions of the Civil Code and Government Decree 49/2003 (VII.30.).
Accessory warranty
1. In the event of faulty performance by the Service Provider, the Customer may assert a
warranty claim against the Service Provider. In the case of consumer contracts, the
Customer, being a consumer, may assert their warranty claims for product defects existing
at the time of delivery within a 12-month limitation period from the date of receipt of the
product(s). After the 12-month limitation period, the Customer can no longer enforce
their warranty rights.
2. In contracts not concluded with consumers, the entitled party may assert their warranty
claims within a 1-year limitation period from the date of receipt.
3. The Customer may request repair or replacement, unless the choice of claim selected by
the Customer is impossible or would result in disproportionate extra costs for the Service
Provider compared to other claims. If the Customer did not or could not request repair or
replacement, they may request a proportional reduction of the compensation or may
repair the defect at the Service Provider's expense themselves or have it repaired by
someone else, or, as a last resort, withdraw from the contract. Withdrawal is not possible
due to minor defects.
4. The Customer may switch from the chosen warranty right to another; however, the cost of the switch is borne by the Customer, unless it was justified or caused by the Service Provider.
5. The Customer is obliged to notify the Service Provider of the defect immediately upon
discovery, but no later than two months from the date of discovering the defect.
6. The Customer can directly assert their warranty claim against the Service Provider. For any warranty claim to be valid, the product(s) must be returned to the Service Provider, to the
customer service mailing address.
The Service Provider will only accept clean products; products not clean will be returned to the Customer.
If the Customer exercises their warranty claim concerning a part of the product that is separable from the part with the indicated defect, the warranty claim does not extend to other parts of the product. In the case of exchange or withdrawal, the Customer is not required to compensate for the depreciation of the product(s) that is the consequence of intended use. The Customer is required to pay the Service Provider for any depreciation of the product(s) that results from unintended use. In case of faulty performance, the costs associated with fulfilling the warranty obligation are borne by the Service Provider. The Service Provider will only reimburse the costs incurred by the Customer related to the warranty obligation upon
presentation of credible evidence (invoice, postal registration slip, etc.). If the failure of the
product is also due to the Customer's neglect of maintenance obligations, the costs
arising from fulfilling the warranty obligation should be borne by the Customer
proportionally if they had knowledge of maintenance or if the Service Provider fulfilled its
obligation to inform in this respect. If it is proven that the defect of the product occurred
after delivery (i.e., the Service Provider performed correctly), then the costs arising from
exercising the warranty rights (including the cost of returning the product to the
Customer) are borne by the Customer.
If the Customer does not use the template provided by the Service Provider for asserting a warranty claim, the statement must at least include a description of the product's defect, the chosen warranty claim, the Customer's name, delivery address, and order number.
Product Warranty
1. In the event of a product defect, the Customer qualifying as a consumer (hereinafter:
Consumer) may choose either the right defined in point 7 or a product warranty claim.
2. However, the Consumer is not entitled to simultaneously claim for warranty for defects
and product warranty for the same defect. If the product warranty claim is successfully
asserted, the Consumer may assert their warranty claim for the replaced or repaired part
against the manufacturer.
3. As a product warranty claim, the Consumer may only request the repair or replacement of
the defective product. The Consumer must prove the product's defect in the case of a
product warranty claim.
4. A product is deemed defective if it does not meet the quality requirements in effect at the
time of placing on the market or if it does not have the features provided in the
manufacturer's description.
5. The Consumer can assert their product warranty claim within two years from the product
being placed on the market by the manufacturer. After this period, the right is forfeited.
The Consumer must communicate the defect to the manufacturer without delay after its
discovery. A defect communicated within two months of its discovery is considered to
have been communicated without delay. The Consumer is liable for any damage resulting
from the delay in communication.
6. The Consumer can exercise their product warranty claim against the manufacturer or the
distributor (Service Provider).
7. According to the Civil Code, the manufacturer includes the producer of the product and
the distributor (Service Provider). The manufacturer, distributor (Service Provider) is only
exempt from product warranty obligation if they can prove that:
· the product was not manufactured or marketed in the course of their business, or
· the defect was not recognizable based on the state of science and technology at the time of placing on the market, or
· the defect of the product results from the application of a law or a mandatory regulatory provision.
To be exempt, the manufacturer, distributor (Service Provider) needs to prove
only one reason. If the Consumer does not use the template provided by the Service Provider for asserting a product warranty claim, the statement must at least include a description of the product's defect, the chosen warranty claim, the Customer's name,
delivery address, and order number.
For any product warranty claim to be valid, the product(s) must be returned to the Service Provider, to the customer service mailing address. The Service Provider will only accept clean products; products not clean will be returned to the Customer.
8. Exchange
The Customer has the right to exchange the product purchased from the web store, request a size exchange of equivalent value, or use the product's price for other purchases
(collectively: exchange) within 14 (fourteen) calendar days from the receipt of the product.
Exchange is only possible for unused products. For health protection and hygiene reasons,
underwear and swimwear cannot be exchanged after opening the sealed packaging. For the
exchange, the unused product and all its accessories must be returned intact, including
informational booklets, the shoe box, and any other accessories found in the packaging, along with the original invoice.
Without these, the Service Provider will not accept the product for exchange. The deadline for the exchange opportunity is considered to have been kept if, on the last day of the deadline, the Customer posts the exchange request form and the product or hands it over to the courier service. In the case of requesting an exchange by mail, the Customer is responsible for covering the costs of sending the exchange request form and returning the product to the Service Provider, as well as the costs of delivering the exchange product to the Customer.
The exchange request form can be found on the back of the paper invoice included in the package. The exchange product is delivered to the Customer by courier service. The method of payment for the shipping cost: cash on delivery. In the case of requesting an exchange by mail, if the Customer requests the same product in a different size, please indicate the requested size on the exchange request form, ensuring that the size is checked for availability in the webshop before marking. If a different product is requested, please
indicate the product's item number (found on the product's page in the webshop) and the
requested size on the exchange request form. In the event that the purchase price of the
requested exchange product is higher than the price of the product to be exchanged, the method of payment for the difference is cash on delivery. In the unexpected event that the Service Provider is unable to deliver the exchange product (e.g., it is out of stock), the Customer will be notified. Based on the notification from the Service Provider, the Customer has the right to choose another exchange product.
9. Limitation of Liability
The information on the website was placed in good faith but is for informative purposes only; the Service Provider does not assume responsibility for the accuracy or completeness of the information. The Customer uses the website at their own risk and accepts that the Service Provider is not liable for any material or immaterial damages incurred during use beyond liability for intentional, grossly negligent, or criminal acts, as well as for breaches of contract that endanger life, physical integrity, or health.
Our company is not liable in any manner for any damage, whether direct or indirect, that occurs due to connecting to the optimistwebshop.com store for any reason:
· The company operating optimistwebshop.com cannot be held liable in case of force majeure or any event not under its control.
· Any modifications become effective at the time they are available online on optimistwebshop.com.
· Any participant who disagrees with the changes must stop shopping.
· Our company has the right to sue any individual who commits or attempts to commit fraud. However, our company cannot be held responsible for any fraud committed by a third party against a participant.
· If a participant violates the rules in any form, our company has the right to invalidate their registration and purchase, and the buyer is not entitled to appeal against this decision.
The Service Provider disclaims all responsibility for the behavior of users of the website.
The Customer is fully and exclusively responsible for their behavior, and in such cases, the Service Provider cooperates fully with the authorities to investigate any legal violations. The service's pages may contain links to other service providers' pages.
The Service Provider is not responsible for these providers' privacy practices or other activities.
The Service Provider is authorized but not obliged to check content made available by Customers using the website and is authorized but not obliged to look for signs of illegal activity in published content.
Due to the global nature of the internet, the Customer accepts to act in accordance with the
provisions of the relevant national laws when using the website. If any activity related to
the use of the website is not permitted under the law of the Customer's state, the Customer alone bears the responsibility for such use. If a Customer notices objectionable content on the website, they are obliged to report it to the Service Provider immediately.
If the Service Provider, in good faith, finds the report substantiated, it is entitled to delete
or modify the information without delay.
10. Copyrights
The website is protected by copyright law. The Service Provider is the copyright owner or the authorized user of all content displayed on the website and through the services provided via the website: any copyright work or other intellectual creations (including all graphics and other materials, the layout, editing of the website interface, the software and other solutions used, idea, realization).
Beyond the rights specifically defined in these GTC, the registration, use of the website, or any provision of the GTC does not grant the Customer the right to use or exploit any commercial name or trademark appearing on the website's interface. Other than the display associated with the intended use of the website, the temporary reproduction necessary for such use, and the creation of private copies, these intellectual creations cannot be used or exploited in any other form without the Service Provider's prior written permission.
11. Options for Enforcement of Rights Complaint Handling
· The Customer can submit consumer complaints related to the product or the Service Provider's activities using the contact details provided in section 1.
· As per current legislation, the Service Provider immediately investigates verbal complaints and remedies them as necessary if the nature of the complaint allows it. If the Customer disagrees with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Service Provider immediately takes a report of the complaint and its stance on the matter. For verbal complaints communicated by phone, the report is sent to the Customer no later than simultaneously with the substantive response to the written complaint, and thereafter, the Service Provider proceeds according to the regulations for written complaints.
· The Service Provider assigns a unique identification number to verbal complaints communicated by phone, which aids in tracking the complaint. This number must be communicated to the Customer by the Service Provider.
· The Service Provider is obliged to examine and substantively respond to written complaints within thirty days of receipt and to ensure the response reaches the Customer. If the Service Provider rejects the complaint, they must justify their position in the substantive response to the rejection.
· The Service Provider accepts complaints submitted by the Customer through the direct contact details provided in section 1.
Other Options for Enforcement
Should a consumer rights dispute between the Service Provider and the Customer not be resolved through negotiations with the Service Provider, the following enforcement options are available to the Customer:
a) Filing a complaint with consumer
protection authorities. If the Customer notices a violation of their consumer rights, they are
entitled to lodge a complaint with the consumer protection authority competent according to
their place of residence. After assessing the complaint, the authority decides on conducting a
consumer protection procedure.
b) Conciliation board. For the out-of-court, amicable resolution of consumer disputes related to the quality, safety of products, application of product liability rules, and the conclusion and fulfillment of contracts, the Customer may initiate proceedings before the conciliation board competent according to their place of residence or stay. Contact details for the Budapest Conciliation Board:
· Address: 1016 Budapest, Krisztina krt. 99. III. em. 310.
· Mailing address: 1253 Budapest, Pf.: 10.
· Email: bekelteto.testulet@bkik.hu
· Fax: 06 (1) 488 21 86
· Phone: 06 (1) 488 21 31
c) Judicial procedure. The Customer is entitled to enforce their claim arising from the consumer rights dispute before a court within the framework of civil proceedings, in accordance with the provisions of the Civil Code of 2013 and the Code of Civil Procedure of 1952.
d) Based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes (the Regulation), the European Commission has established an online dispute resolution platform. According to the Regulation, consumers residing in the European Union and traders based in the European Union must ensure communication for the out-of-court settlement of disputes arising from online service contracts through this platform. The online dispute resolution platform has been available to consumers since 15 February 2016. The Regulation directly applies to service providers based in Hungary if a consumer rights dispute arises from an online contract concluded between them and the consumer. Consumers can initiate the out-of-court settlement of the dispute through the online dispute resolution platform at the jointly chosen dispute resolution forum. In Hungary, the Budapest Conciliation Board is competent for settling consumer disputes.
The online dispute resolution platform's website: http://ec.europa.eu/od