GENERAL TERMS AND CONDITIONS

 

 

These General Terms and Conditions contain the rights enforceable against VIAPLANT Design Kft. by the customers (hereinafter: Buyer,  in case of customer as natural person hereinafter: Consumer) of products marketed by VIAPLANT Design Kft. (except for wall covering), obligations and responsibilities of VIAPLANT Design Kft. These General Terms and Conditions contain the information and the rules of performance required by law in case of contracts concluded in absentia, the rules concerning the conclusion of the contract, the right of withdrawal and termination.

By displaying the General Terms and Conditions on its website, VIAPLANT Design Kft. makes it available to the Buyer/ Consumer via Internet access to receive the necessary information required by law before concluding the contract.

By ordering on the website or by sending an e-mail to VIAPLANT Design Kft., the Buyer/ Consumer accepts and acknowledges these General Terms and Conditions as binding on him/ her. VIAPLANT Design Kft. reserves the right to change the General Terms and Conditions at any time without prior notice to the Buyer/ Consumer.

Conclusion of the contract

The Buyer/ Consumer acknowledges that after the order made on the website, by e-mail, as a result of the confirmation by the employee of VIAPLANT Design Kft., a sales contract is concluded in absentia for the ordered product between him/ her and VIAPLANT Design Kft. The Buyer/ Consumer expressly acknowledges that his/ her purchase with an order placed on the website/ per e-mail entails a payment obligation.

The main points of the General Terms and Conditions (hereinafter GTC):

  1. Preamble
  2. Information on ordering products on the website of VIAPLANT Design Kft. (except for wall coverings), ordering process
  3. Information on the delivery of the ordered products
  4. Modes of payment
  5. Product warranty
  6. Information on the Buyer’s/ Consumer’s right of withdrawal
  7. Information on the supply and product liability, warranty
  8. Information on data processing
  9. Information on the possibility of contacting the conciliation body

 

  1. Preamble

The website available at www.viaplant.com is operated and maintained by VIAPLANT Design Kft. (hereinafter: the Company).

Company’s data:

  • Company’s name: VIAPLANT Design Kft.
  • Company’s registered seat: 4th floor/3, 2 Raoul Wallenberg utca, 1136 Budapest
  • Company registration number: 01-09-325573
  • VAT number: 26350635-2-41
  • Contact details:
    • Central telephone: +36 20 377 8322
    • Central e-mail address: sales@viaplant.com
    • Mailing address: 15 Hegedűs Gyula utca, 1136 Budapest, Hungary

The scope of these GTC covers only the products manufactured and sold by the Company (except for wall covering).

The language of the contracts concluded during the purchases is Hungarian, they are subject to Hungarian legislation.

 

  1. Information on ordering products on the website (viaplant.com) of VIAPLANT Design Kft. (except for wall coverings), ordering process

The condition of the purchase is that the Buyer/ Consumer sends the e-mail containing his/her order to the e-mail address: sales@viaplant.com, and then the amount included in the invoice attached to the confirmation e-mail sent by the Company is payed to VIAPLANT Design Kft. by the deadline set in the confirmation email.

No pre-registration is required to purchase the products on www.viaplant.com as described above.

 

  1. Information on the delivery of the ordered products

The ordered products can be picked up in person at 15 Hegedűs Gyula utca, 1136 Budapest. We inform the Buyer/ Consumer about the production process and the completion of the product. If the Buyer/ Consumer wants delivery instead of personal collection, we will consult with the Buyer/ Consumer the exact time and costs of delivery after the order, prior paying the invoice.

  1. Modes of payment

The website shows the gross purchase prices of the products (which include value added tax).

The Company reserves the right to change the products and prices displayed on the website at any time without prior notice.

 

4.1.1 Bank transfer

If the Buyer/ Consumer chooses a bank transfer, the value of the order must be transferred to our company’s account number in advance. We will only start processing your order once the amount has been received!

Banking information for domestic transfers:

Account holder: Viaplant Design Kft.

Bank account number (HUF): 16200010-10083680

 

4.1.2 Credit card payment – via POS terminal in the showroom

In case of a personal purchase or personal  collection of the package ordered online, you have the opportunity to pay with a bank card via the secure bank card terminal (POS terminal) in our showroom. The bank card terminal uses SUMUP bank card payment system, thus only bank cards belonging to the MasterCard and VISA product families can be used.

 

  1. Product warranty

The warranty period for the products extends for 24 months from the date of purchase.  Government Decree  No 151/2003 (IX.22.) on the warranty obligation of certain products intended for long-term use applies for the warranty for the products showed on the website.

The Consumer shall not have the right of withdrawal in the case of a non-prefabricated product which has been manufactured on the Consumer’s instructions or at his/ her express request or in the case of a product which is clearly personalized to the consumer.

The existence of a mandatory warranty does not affect the rights of the Buyer/ Consumer under the law.

Objections related to the ordered products can be reported by the Buyer/ Consumer to VIAPLANT Kft. (15 Hegedűs Gyula utca, 1136 Budapest).

 

  1. Information on the Buyer’s/ Consumer’s right of withdrawal

The Consumer may withdraw without justification within 14 calendar days from the date of purchase (including the 14th calendar day). Government Decree No 45/2014 places the detailed rules of the contracts between the Consumer and the Company. The Consumer may exercise the right of withdrawal from the day of receipt of the goods. The Consumer may notify his/her intention to withdraw to the e-mail address sales@viaplant.com or on the telephone number +36 20 377 8322.

If you wish to exercise your right of withdrawal/ cancellation, you must send a clear statement of your intention to withdraw/ cancel in writing (by post or electronic mail) to one of the following contact details:

  • Central e-mail address: sales@viaplant.com
  • Mailing address: 15 Hegedűs Gyula utca, 1136 Budapest, Hungary

 

  1. Information on the supply and product liability, warranty
  • Warranty

 

7.1.1 Mandatory warranty

The Company is subject to the warranty obligation under the provisions of the Hungarian Civil Code and the Government Decree No 151/2003. for its products. This means that during the warranty period, the Company will only be released from liability if it proves that the defect is due to improper use of the product.

The warranty period begins with the actual performance, i.e. the delivery of the product to the Buyer/ Consumer or the installation of the product.

A durable consumer good listed in annex of the Government Decree No 151/2003 on the mandatory warranty for certain durable consumer goods is considered to be a durable consumer good, for which the law provides a one-year mandatory warranty.

In the case of a warranty, the Buyer/ Consumer has the same rights as listed in Section 8.2.1 on

liability for defects.

The Company will be released from its warranty obligation only if it proves that the cause of the defect arose after the performance.

However, the Buyer/ Consumer does not have the right to assert a claim for liability for defects and warranty at the same time, in parallel, due to the same defect. Notwithstanding these limitations, the rights of the Buyer/ Consumer arising from the warranty apply regardless of the rights set out in Section 8.2.1. and 8.2.2.

 

7.1.2 Voluntary warranty

The Company undertakes a warranty (guarantee) for the products sold by it for the period indicated on the website, in the description of the Product, which may be longer than the period specified in the Government Decree.

The Company communicates the warranty period for each product at the latest by means of the data on the given garantee card (warranty card) upon collection of the product by the Buyer/ Consumer.

 

  • Liability

 

  • Liability for defects

In the event of defective performance of the Company, the Buyer/ Consumer may assert a claim for liability for defects against the Company.

In the case of a consumer contract, the Buyer/ Consumer may assert his/ her liability claims within two years from the date of receipt, for product defects that already existed at the time of delivery of the product. After the two-year limitation period expires, the Buyer / Consumer can no longer enforce his/ her liability rights.

In the case of a contract not concluded with a consumer, the right-holder may assert his/ her liability claims within a limitation period of one year from the date of receipt.

The Buyer/ Consumer may, at his/ her option, request a repair or replacement, unless it is impossible to meet the demand chosen by the Buyer/ Consumer or would entail a disproportionate additional cost for the Company compared to the fulfillment of another request. If the repair or replacement has not been requested or could not be requested by the Buyer/ Consumer, he/she may request a proportionate reduction of the consideration or the defect may be repaired by the Buyer/ Consumer or by someone else at the Company’s expense or, as a last resort, the Buyer/ Consumer may withdraw from the contract. There is no room for withdrawal due to a minor defect.

The Buyer / Consumer may transfer from the chosen right for liability for defects to another, however, he/ she shall bear the cost of the transfer, unless it was justified or the Company gave a reson for it.

The Buyer/ Consumer is obliged to notify the Company of the defect immediately after its discovery, but not later than within two months from the discovery of the defect.

The Buyer/ Consumer can enforce his/ her claim for liability for defects directly against the Company

Within six months of the performance of the contract, there are no conditions other than the notification of the defect to enforce the liability claim if the Buyer/ Consumer proves that he/ she has purchased the product from the Company (by presenting an invoice or a copy of the invoice). In such a case, the Company will only be released from the liability if it rebuts this presumption, i.e. proves that the defect of the product occurred after the delivery to the Buyer/ Consumer. If the Company can prove that the cause of the defect arose for a reason attributable to the Buyer/ Consumer, it is not obliged to accept the liability claim of the Buyer / Consumer. However, six months after the performance, the Buyer / Consumer is obliged to prove that the defect he/ sheor she recognized was already present at the time of performance.

If the Buyer/ Consumer asserts his/ her liability claim in respect of the part that can be separated from the product in terms of the indicated defect, the liability claim shall not be constituted valid for the other parts of the product.

 

  • Product warranty

In the event of a defect in the product (movable property), the customer, who qualifies as a consumer, may, at his/ her choice, assert the right specified in point 8.2.1 or product warranty claim.

However, the Buyer/ Consumer does not have the right to assert a claim for a liability for defects and a product warranty at the same time, in parallel, due to the same defect. However, in case of successful enforcement of the product warranty claim, the Buyer/ Consumer can enforce his/ her liability for defects claim for the replaced product or the repaired part against the manufacturer.

As a product warranty claim, the Buyer/ Consumer may only request the repair or replacement of the defective product. In the event of a product warranty claim, the Buyer/ Consumer must prove the defect of the product.

A product is considered defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics specified by the manufacturer.

The Buyer/ Consumer can assert his/ her product warranty claim within two years from the placing of the product on the market by the manufacturer. Upon expiry of this period, he/ sheshall lose this right. The Buyer/ Consumer is obliged to notify the manufacturer of the defect without delay after the discovery of the defect. A defect reported within two months from the discovery of the defect shall be deemed to have been reported without delay. The Buyer/ Consumer is responsible for the damage resulting from the delay in the communication.

The Buyer/ Consumer may assert the product warranty claim against the manufacturer or distributor (Company) of the movable property.

Under the Hungarian Civil Code (Ptk.) a manufacturer is a producer and distributor of a product.

The manufacturer, distributor (Company) is only released from its product warranty obligation if it can prove that:

  • it manufactured or placed the product on the market outside its business or
  • according to the state of science and technology, the defect was not detectable at the time of placing it on the market or
  • the defect of the product results from the application of legislation or a mandatory official regulation.

It is sufficient for the manufacturer or distributor (Company) to prove one reason for the exemption.

 

  1. Information on data processing

You can accept a statement of consent based on voluntary endorsement when ordering, according to which the Company may process your data provided in the order (billing address, email address, telephone number) for the purpose of sending additional marketing newsletters and product information.

The detailed rules of data management are contained in the Privacy Policy Statement on the website www.viaplant.com and in the data protection regulations of VIAPLANT Design Kft.

During the data processing, the data required for the delivery will be handed over to the person/ company carrying out the delivery in order to perform the contract.

 

  1. Information on the possibility of contacting the conciliation body

The Buyer/ Consumer may turn to a conciliation board in order to remedy the legal infringement or consumer dispute that has occurred to him. Name and address of the conciliation body competent according to the registered seat of the Company is: Budapest Conciliation Body, 3rd floor/ 310, 99 Krisztina körút, 1016 Budapest.

In matters not regulated in these GTC, the provisions of Act V of 2013 on the Hungarian Civil Code (Ptk.), Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, Government Decree No 151/2003 (IX.22.) on the warranty obligation of certain products intended for long-term use, as well as Act CVIII of 2001 on certain issues of electronic commerce services and services related to the information society shall apply.