Terms and condition
GENERAL TERMS AND CONDITIONS
and
Terms and Conditions of using the website
This General Terms and Conditions include the terms and conditions of the sale-and-purchase and consumer contracts concerning the products sold by Tomka Csilla E.V. (seat: H-1025 Budapest, Csalán út 37/A, Hungary) hereinafter referred to as the Seller, and the terms of use of the website.
The scope of this General Terms and Conditions includes the sale of products to individual Buyers (consumer contracts) and business Buyers based on the sale-and-purchase relationships entered into on the Seller’s website /http://www.tomkacsilla.com/.
This contract shall enter into force on 10.10.2023. and may be withdrawn by the Seller at any time. The Seller shall have the right to unilaterally modify the provisions of these General Terms and Conditions.
This document shall be available in electronic form only. The contracting language is English or Hungarian.
Visiting the website does not create a contractual relationship between the parties in itself; any purchase shall, however, be construed as a contract between the Seller and the Buyer, falling within the scope of pieces of legislation listed in Clause 2.1.
By using the website, Buyers accept that their use of the website implies that all regulations automatically apply to them.
1. Seller’s details
Seller’s name: Tomka Csilla E.V.
Seat, address: H-1025 Budapest, Csalán út 37/A, Hungary
Seller’s tax identification number: HU67139615
Seller’s registration number: 43569108
Name of the registering authority: Company Registry Court of Budapest-Capital Regional Court, Hungary
E-mail: tomkacsilla.info@gmail.com
Website: www.tomkacsilla.com
Seller's bank account:
Account Owner: Csilla Tomka
Bank Name: OTP Bank
IBAN: HU40117730610826190000000000
BIC / SWIFT: OTPVHUHB
Website: otpbank.hu
2. Basic provisions
2.1. Issues not regulated in these General Terms and Conditions, and their interpretation, shall be governed by Hungarian law, with special regard to:
– in case of businesses: Act V of 2013 on the Civil Code, hereinafter referred to as the Civil Code, and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, hereinafter referred to as E-commerce Act, and Law-decree No. 20 of 1987-Vienna Sales Convention, and Act LIV of 2018 on the Protection of Business Secrets.
– in case of consumer contracts: Act V of 2013 on the Civil Code, hereinafter referred to as the Civil Code, and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services, hereinafter referred to as E-commerce Act, and
Government Decree No. 45/2014. (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses, the relevant provisions of Government Decree 151/2003. (IX. 22.), and Act LIV of 2018 on the Protection of Business Secrets.
The mandatory provisions of the above-listed and other relevant Hungarian laws shall be applicable to the Parties without any separate stipulation.
Any legal dispute shall be adjudicated by the Hungarian court that has competence and jurisdiction over the registered seat of the Seller. The applicable law shall be the Hungarian substantive and procedural law.
2.2. The Website uses cookies, which are necessary for the full functionality of the website. By browsing our website, the Buyer accepts the use of cookies.
2.3. If the Buyer logs into the web-shop site operated by the Seller, or reads its content in any way, he/she shall regard these General Terms and Conditions as binding in himself/herself. If the Buyer does not accept these terms and conditions, he/she shall not have the right to view the content of the web-shop.
3. Scope of products that can be purchased
3.1. Products offered for sale on the website are Tomka Csilla's original artworks and unique, art based design products (artworks, home decor, clothing and accessories).
The displayed products can be ordered only online. The product prices displayed are to be understood in HUF and include (0%) VAT gross prices. The delivery costs are separate cost item, which the Seller can waive at a discount depending on the amount and nature of the order. The Seller does not charge any separate packing costs. In addition to HUF prices, the English description also includes approx. EUR prices for information purposes only. In case of foreign purchase, in addition to the HUF currency, the amount of the invoice can also be indicated in the EUR currency in accordance with the average HUF - EUR exchange rate published by the MNB (Hungarian National Bank) on that day.
3.2. In the web-shop, the Seller shall display the name of the product along with a detailed description and a photograph of the product. The images displayed on the datasheet of the product may be different from the real products and they are used for illustrative purposes only. The pictorial color scheme of the products may differ from the actual color of the products due to the resolution of the Internet browser or monitor you are using. The Seller does not take any responsibility for any differences between the image displayed in the web-shop and the actual appearance of the product.
3.3. If a special price is applied, the Seller shall inform the Buyers of the special discount and its details and duration.
4. The ordering process
4.1. The Buyer may start shopping also without registration.
4.2. The Buyer can find the desired product using the search tool or the serial number of the product.
4.3. The Buyer sets the quantity of the product, products he/she wishes to buy.
4.4. The Buyer puts the selected product into the basket with the “Add to basket” button. The Buyer may at any time view the contents of the basket by clicking on the “Basket” link.
4.5. If the Buyer wants to put additional products into the basket, he/she can continue browsing and putting additional products into the basket by clicking on the “Product” menu item. If he/she does not want to by any more products, he/she can check the product he/she wishes to purchase using the “View basket” button. By clicking on the icon “X”, he/she can empty the basket item by item. After finalising the quantity, the Buyer should click on the “Update basket” icon.
4.6. By clicking on the “Proceed to checkout” button, the Buyer selects the billing and delivery address and the method of payment.
4.6.1. Prepayment: The Buyer pays the price of the ordered products before their delivery, and/or receipt by credit card payment or by bank transfer to the Seller's bank account.
The Buyer is entitled to receive the purchased products only after the relevant amount is credited. If the amount is not credited within 7 working days from order confirmation, the Seller shall cancel the order.
The online credit card payments are processed through the Barion's banking security system. The credit card informations are encrypted, they not circulate over the internet and can't be intercepted. The bank details are under no circumstances communicated to the merchant. Barion Payment Zrt. is an institution by the Magyar Nemzeti Bank (Hungarian National Bank), its license number: H-EN-I-1064/2013.
The data required for bank transfer can be found under the F.A.Q. menu.
Payment upon pickup personally: the Buyer can pay for the ordered goods in Hungary also in cash, in Forint, in time and at place pre-arranged with the Seller.
4.6.2. Delivery options and fees:
The Seller shall send the ordered products to the Buyer using the Magyar Posta (Hungarian Post) international delivery service, depending on the delivery address. The order shall be confirmed in an email to the Buyer.
The “cash register” site displays the shipping charges for information purposes. The exact shipping charges shall be included in the confirmation.
The ordered product shall be delivered after the amount has been received and credited to the bank account.
4.7. If a web-shop error or defect occurs affecting the products or the prices, the Seller reserves the right of correction. In such a case, the Seller shall immediately inform the Buyer of the new data after detecting and modifying the error. After that, the Buyer can reconfirm the order, although either of the Parties may also withdraw from the contract.
4.8. The total amount payable includes all costs based on the order summary and the confirmation letter. The invoice shall be included in the package. The Buyer shall check the package upon delivery in the presence of the courier and he/she shall ask to draw up minutes if any damage can be found on the packaging; he/she shall not be obliged to accept the package if it is damaged. The Seller shall not accept any subsequent complaints if there are no minutes.
4.9. The Buyer shall receive an email confirmation after submitting the order. The order and its confirmation shall be regarded as having arrived to the Seller or the Buyer, respectively, when they become accessible to their respective recipients. The Seller shall not be responsible if the confirmation does not arrive in time, because the Buyer provided a wrong email address during registration or he/she cannot receive emails because the storage space of his/her account is full.
5. Processing and fulfilment of orders
5.1. The system shall acknowledge the submitted orders in an automatic email to the Buyer. This email is for information purposes only and does not contain any contact data. This informative email shall be sent even outside normal working hours.
5.2. The orders shall be processed on working days but if an order is submitted after working hours it shall be processed on the following day. The customer service desk of the Seller shall always electronically confirm when it can fulfil the order. The confirmation email shall be sent in 2 working days.
5.3. General delivery deadline to European address, in case of product in stock: within 5-11 working days, in case of products to be ordered: within 8-19 working days, to Hungarian address, in case of product in stock: within 3-5 working days, in case of products to be ordered: within 7-12 working days. The commitment period may change due to the delivery load occuring in certain periods (e.g. before Christmas).
5.4. If the Seller fails to fulfil its contractual obligations because the product specified in the contract is not available, it shall immediately inform the Buyer of this fact and immediately, but within 30 days at the latest, repay the amount paid by the Buyer.
6. Discount: loyalty points system
6.1. Registered Buyer earn each purchase loyalty points, which can be used on next purchase or the Buyer can continue to collect the points. Each 1 point worth 20 HUF, so the discount for the next purchase is 5%.
6.2. Loyalty points are valid for each product and can be used for each product, but do not apply to shipping rates.
6.3. Loyalty points can be used for 1 year, they are deleted after 1 year.
6.4. The discount for loyalty points can be used for the next purchase.
6.5. The discount for loyalty points can be used only when Buyers are logged.
7. Right of withdrawal
7.1. Within the meaning of the regulations of Government Decree No. 45/2014. (II. 26.) on the Detailed Rules of Contracts Concluded between Consumers and Companies, the Buyer may withdraw from the contract without reason within 14 days of the receipt of the ordered product and send back the ordered product. The time-limit to exercise the right of withdrawal shall expire at the end of the 14-day period counted from the day on which the Buyer, or the person designated by them but different from the carrier, receives the product.
7.2. The Buyer shall bear the cost of sending back the product. In that case, the Buyer should send the package back to the following address either via a courier service or by regular mail to: Tomka Csilla E.V., H-1025 Budapest, Csalán út 37/A, Hungary. The Seller shall not be in the position to receive products sent with cash on delivery.
7.3. If the right of withdrawal is exercised, the Buyer shall not bear any costs in addition to the cost of returning the product.
7.4. The Buyer shall not have the right of withdrawal if the product is in a condition that does not allow its resale.
7.5. After receiving the product, the Seller shall, within the meaning of the legislation referred to above, immediately, but within 14 days at the latest, refund the amount paid for the product to the Buyer.
7.6. Refunding shall be made to the bank account provided by the Buyer in writing.
7.7. The Buyer shall send back the goods without any undue delay, but not later than 14 days after sending the notification on his/her withdrawal from the contract to the Seller.
7.8. The Buyer shall be liable for any depreciation of the goods.
7.9. The Seller shall withhold the refundable amount until receiving the goods.
7.10. If the Buyer wishes to exercise his/her right of withdrawal, he/she can notify the Seller of this by email sent to the email address of the Seller: tomkacsilla.info@gmail.com.
7.11. The Buyer may send back the ordered product to the Seller either by regular mail or by using a courier service. The product shall be sent back together with the invoice relating to it.
The Seller shall not be in the position to take back packages sent with cash on delivery.
8. Guarantee, Warranty for Defects, Product Warranty
8.1. In case of any issues, complaints related to the purchase or the quality of the product purchased, the Buyer may file a complaint or assert his/her warranty claims with the invoice received from the Seller or a copy of it. The Buyer may file such complaints in writing, by sending an email to the tomkacsilla.info@gmail.com email address or a registered letter sent by mail to: Tomka Csilla E.V., H-1025 Budapest, Csalán út 37/A, Hungary.
8.2. In case of a quality complaint, the Buyer may assert his/her warranty claims, under a Consumer Contract, for product defects that existed at the time of delivery-and-acceptance of the product or if the product does not comply with the quality standards applicable at the time it was put on the market or if it does not have the characteristics described in the specification provided by the manufacturer within a 2 year term of limitation as from the date of fulfilment.
8.3. According to Paragraph (1) of Section 2 of Government Decree No. 151/2003. (IX. 22.) on Compulsory Guarantee for Certain Consumer Durables, Seller shall, under a consumer contract, provide the Buyer with a 1 year guarantee. In case of consumer contracts, the Buyer, who is an individual, shall have the right to notify the Seller of defects within 2 months of detecting them.
8.4. According to Section 6:171 of the Civil Code, the Seller shall provide the Buyer, who is a business, a 1 year guarantee. According to Paragraph (1) of Section 6:162, business Buyers shall promptly notify the Seller of any defects.
If a guarantee claim is asserted, the Buyer shall, after prior consultation, send back the product in question to the Seller to: Tomka Csilla E.V., 1025 Budapest, Csalán út 37/A, Hungary. The Seller shall not be in the position to receive packages sent with cash on delivery.
The Seller shall not be liable for any damage caused by the defective, negligent or abnormal use of the product sold by them or any incidental or indirect damage, personal injuries caused by the product.
The Seller shall become exempt from its warranty commitments if it can prove that the reason underlying the defect emerged after fulfilment.
8.5. Warranty for Defects
When can the Buyer exercise his/her warranty right?
According to the rules laid down in the Civil Code, the Buyer may assert his/her claims under warranty for defects against the Seller if the Seller operating the web-shop performs defectively.
Under consumer contracts, the Buyer may assert his/her claim for warranty for product defects that existed at the time of delivery of the product within a 2 year period of limitation as of the date of performance.
8.6. What rights does the Buyer have based on his/her claims under warranty for defects?
The Buyer may elect to assert the following claims under warranty for defects: he/she may request either repair or replacement, except where the option chosen by the Buyer is impossible or if it would entail unreasonably high costs for the Seller to satisfy the request compared to satisfying similar requests by others. If the Buyer did not ask, or could not have asked, for repair or replacement, he/she may withdraw from the contract.
The Buyer can switch from one method of asserting his/her claim for defects to another; however, the Buyer must pay the costs of such a switch, except where it was justified or attributable to the Company.
What time-limit has the Buyer to assert his/her claims under warranty for defects?
For contracts concluded with a businesses, the party entitled to assert such claims shall notify the Seller of the defect promptly after detecting it; the period of limitation shall be 1 year as from the date of performance.
For consumer contracts, the Buyer, who is an individual, shall communicate the defect promptly after detecting it, but within 2 months of detection of the defect at the latest; the period of limitation shall be 2 years as from the date of performance.
Against whom can the claims under warranty for defects be asserted?
The Buyer may assert his/her claims under warranty for defects against Tomka Csilla E. V. as the Seller. It is not possible to assert claims under warranty for defects and claims for guarantee based on the same defect.
8.7. Product Warranty (in case of consumer contracts)
When can a Buyer, who is an individual, exercise his/her rights to product warranty?
In the event of the product sold by the Seller having defects, the Buyer may elect to assert either his/her warranty right or his/her claims under product warranty.
What rights does the Buyer have based on his/her claims under product warranty?
Under a product warranty claim, the Buyer may exclusively claim either the repair or the replacement of the product.
When does a product qualify as defective?
A product shall be deemed defective if it does not comply with the relevant quality standards in effect at the time it is sold or if it does not have the characteristics described in the Seller’s, as the manufacturer, specifications.
What time-limit does the Buyer, who is an individual, have to assert his/her claims under product warranty?
The Buyer, who is an individual, may assert his/her claims under product warranty within 2 years as from the time when the manufacturer put the product into circulation. He/she shall lose this entitlement when this time-limit expires.
Against whom and under what other conditions may a Buyer, who is an individual, assert his/her claims under product warranty?
Claims under product warranty may be asserted against the Seller, as the manufacturer. When asserting claims under product warranty, the Buyer shall demonstrate the defect(s) of the product.
When does the Seller, as the manufacturer, become exempt from its obligations under product warranty?
The Seller shall only become exempt from its obligation under product warranty if it can demonstrate that:
– the product was not manufactured, or put into circulation, within the scope of its business activity;
– the state of scientific and technical knowledge at the time when it put the product into circulation was not such as to enable the existence of a defect to be discovered; or
– the defect in the product was caused by the application of a regulation or a regulator provision prescribed by the authorities.
Proving that one reason applies is sufficient for the manufacturer to be exempted.
Buyers may not assert claims under warranty of defects and guarantee claims, or claims under product warranty and guarantee claims together and in parallel to each other due to the same defect. Buyers shall have warranty rights regardless of their rights under warranty of defects and product warranty.
The Seller shall become exempt from its obligations under warranty for defects, guarantee, and product warranty against all Buyers if the Buyer performs an unauthorised intervention or transformation on the product, uses it abnormally, in a non-workmanlike manner or negligently.
9. Copyright
9.1. The Seller reserves all rights regarding the website of the web-shop, including any parts thereof, the contents appearing on it, and the dissemination of the website. It is forbidden to download the contents appearing in the webshop or any parts of it (except for specifically downloadable content, which is so designated), or to multiply them, publicly redistribute them, use them in any other way, electronically store, process, and sell them without the written consent of the Seller.
9.2. The Seller fully reserves its rights to intellectual property regarding the utility model, design and know-how related to the products it develops and manufactures and to any other intellectual work and its trademark protection rights related to the tomka csilla logo, and shall assert its claim for damages if these are violated.
10. Data protection, secrecy
10.1. The Seller shall process the data of the Buyers confidentially. Further information is included in the data-processing policy disclosed on the website.
10.2. Any engineering, design, technological, and manufacturing data and information related to the products developed and manufactured by the Seller and all facts, data, and information related to the business, finances, and operation of the Seller shall be business secrets, the keeping of which shall be a statutory obligation under Act LIV of 2018 on the Protection of Business Secrets for all their partners, under liability for damages.
11. Complaint Management
11.1. It is the goal of the Seller to fulfil all orders in normal quality and to the complete satisfaction of the Buyer. If the Buyer still has any complaints regarding the contract or its performance, he/she can communicate such complaints by email sent to the info@csillatomka.com email address or in a letter sent to: Tomka Csilla E.V., H-1025 Budapest, Csalán út 37/A, Hungary mailing address.
11.2. The Seller shall reply in writing to a written complaint within 30 days. The Seller shall provide reasoning if it rejects a complaint. The Seller shall keep a copy of the response for 3 years and present it to the controlling authorities.
11.3. The Hungarian court that has competence and jurisdiction over the registered seat of the Seller shall have the jurisdiction to adjudicate on any legal disputes; the applicable law shall be the Hungarian substantive and procedural law in force.
12. Should any part of these General Terms and Conditions become invalid, illegitimate or unenforceable, this shall not affect the validity, legitimacy, and enforceability of the remaining parts.
Issues not regulated in these General Terms and Conditions shall be governed by the legislation in force as listed in Clause 2.
Budapest, 10.10.2023.
Tomka Csilla E.V.