GENERAL TERMS AND CONDITIONS

These general terms and conditions (hereinafter: GTC)) and on the website www.mitrageniekratom.com (hereinafter: Website) Service Provider Act V of the Civil Code of 2013 (hereinafter: the Civil Code) 6:77 is established between the person using the services of the webshop (hereinafter: the Customer). §. These GTC define the rights and obligations arising from the contract concluded between the Service Provider and the Customer. The concept of Customer includes the concept of consumer. A Ptk. 8: 1. § 3, a consumer is a natural person acting outside the scope of his profession, self-employment or business.

The Service Provider may update the GTC from time to time and review its provisions. The latest date for updating the GTC can be found on the last page of the GTC.

The GTC applies to all contracts concluded between the Service Provider and the Customer (hereinafter collectively: the Parties). The Customer can be any natural or legal person who purchases on the Service Provider’s Website. If the Parties wish to deviate from the provisions of the GTC, this is only possible by mutual agreement, in writing.

The Customer has the opportunity to purchase in the webshop on the Service Provider’s Website in the manner and form specified in the GTC and on the Website (hereinafter: “Service” or “service”).

The scope of the GTC extends to all commercial transactions that take place electronically between the Service Provider and the Customer.

 

Conclusion of the contract

A contract between the parties with the content according to these GTC is concluded as follows, however, the provisions of these GTC apply to all persons who visit or use the Website (hereinafter: “Users”).

By using the Website and ordering the product published on the Website at the latest, the Customer and the persons using the Website declare that they have read the content of these GTC and accept its provisions. The Service Provider is entitled to unilaterally amend the GTC at any time. It does not qualify as an amendment to the GTC if a condition included in these GTC is amended as a result of a change in a legal provision or the Customer makes a clarification in the GTC that does not affect its essential content.

The customer makes a binding offer with the order and a payment obligation for the purchase of the product (s) in the basket, and accepts and acknowledges these GTC as binding on him. The arrival of the Customer’s order by the Service Provider results in a binding offer on the part of the Customer.

The submission of an order by the Customer does not result in the conclusion of a contract between the Service Provider and the Customer. The Service Provider shall confirm the arrival of the offer (order) sent by the Customer to the Customer without delay, by an automatically generated e-mail, within 48 hours at the latest. This confirmation e-mail only informs the Customer that the order has been received by the Service Provider. The customer is obliged to check the content of the confirmation e-mail, its attachment or to review the links indicated in it in detail, to check the correctness of the data and parameters provided by it. Any problems, delivery or other additional costs or impossibilities, delays caused by incorrect or insufficiently detailed data and information shall be borne by the Customer, the Customer’s sole responsibility.

By ordering the product, the Customer declares that he has read these GTC and accepts its provisions; accordingly, these GTC are an inseparable part of the contract in all cases.

Additional oral agreements, additions or subsequent amendments to the GTC between the Parties are valid and effective only in case of the written confirmation of the Service Provider.

A minor or a person with limited legal capacity may use the services of the Web Store only with the consent of his / her legal representative. Obtaining this consent is the responsibility and duty of the person with limited legal capacity. The Webshop does not have the task and does not have the opportunity to know or find out who is on the user side during online transactions, therefore the responsibility for this rests solely with the Customer.

A contract concluded using the Webshop does not qualify as a written contract. The Service Provider does not register it, so it cannot be accessed or viewed afterwards. From a legal point of view, orders placed in the web store are considered a legal statement in the form of implied conduct.

 

Use of the service, ordering process

The Customer can browse the site in different product categories. The desired product is selected with the “add to cart” button, before which the customer can enter the quantity, which is basically 50 grams. The system will then offer to add additional products to the cart (“Continue Shopping”) or forward them to the checkout (“View Cart” and “Order”). After clicking on the “Order” button, it is necessary to enter the personal data related to the purchase, which is detailed in the Data Management Information.

We can provide cash payment for personal collection. For delivery by courier / post, credit card or cash on delivery is available.

The cost of home delivery will be indicated on the Website.

Correction of data entry errors: the error is reported to the following e-mail address, enclosed with the correct data:

The Customer can find out the important information about the product (especially its essential features and characteristics) as well as the sales prices on the product information page before placing his order.

The stock information displayed on the Website is for information purposes only and refers to the moment when the Service Provider’s database has been updated. The Service Provider makes every effort to keep this data up-to-date, however, due to the rapid movements of the stock, it cannot guarantee it, and thus some (expiring) products may still be available on the given product page even though they have been sold out in the meantime.

If the ordered product is not available at the time of the order, or the product indicated as orderable cannot be obtained within the period indicated on the website, the Service Provider reserves the right not to accept the order of the goods, in which case no contract is entered into. you will be notified. Any payments made earlier may be refunded to the Customer immediately, but no later than within 30 days.

The order or its confirmation is considered to have been received by the Service Provider when it becomes available to the recipient. The Service Provider shall not be liable in any case if the confirmation is not received by the Customer because he / she provided an incorrect e-mail address or the e-mail account is not accessible due to the saturation of storage space.

Remuneration

The price of the product is always governed by the list prices published by the Service Provider on the Website. List prices can be found on the Product Information Sheet on the Website. The Service Provider is entitled to unilaterally change the list prices at any time, in which case the Service Provider will publish the new list price on the Website. The list price cannot be changed under an existing contract.

The Service Provider reserves the right to set the price of the products differently from the list price in case of promotional campaigns.

The price of the products is due in advance in case of credit card payment or transfer, and in case of cash on delivery upon receipt of the product, on the spot.

The sales prices of the products offered for sale by the Website on the product page, expressed in euros, already include value added tax (gross prices). If, despite all the care and prudence of the Service Provider, an incorrect price is indicated on the Website, the Service Provider is not obliged to sell the product at the incorrect price, but may offer the Customer the correct and actual price.

The product fee is paid through the Barion or CoinPayments system. The bank card data does not reach the Service Provider. Barion Payment Zrt., Which provides the Barion service, is an institution supervised by the Magyar Nemzeti Bank, its license number: H-EN-I-1064/2013. In other words, in order to use the service, the Customer must have a CoinPayments wallet or use the Barion payment system to pay for the product. By concluding a contract in accordance with these GTC – depending on the method of payment used – the Customer expressly accepts the general terms and conditions of CoinPayments or the Barion service provider, which are available on the following websites:

The fee for the product shall be deemed paid when the amount has been fully credited to the service provider’s bank account. If the fee for the product is not paid or is not paid in full, the Service Provider is entitled to refuse the performance until the full fee is paid. In this case, the Service Provider is also entitled to refuse to make further purchases of the Customer, and the Service Provider shall not be liable for any resulting damage.

The Service Provider issues an invoice after the performance. If the performance is extended to the period following the relevant month, the Service Provider is entitled to issue an invoice for the performance due and performed in proportion to the relevant month. If the invoicing currency differs from the currency of the order at the Customer’s request, the invoices will be issued to the Customer according to the currency value of the MNB calculated at the MNB’s central exchange rate valid on the day of the Service Provider’s list price.

The Service Provider uses the invoice system of the account provider. The general terms and conditions of invoicez.hu are available at the following link:

https://www.szamlazz.hu/aszf/

The Customer acknowledges that the fees to be paid by him are determined by the Service Provider taking into account that the liability of the Service Provider is limited or excluded to the extent specified on the basis of the GTC.

 

Responsibility

By ordering the product, the customer declares that he is an adult Hungarian citizen of legal age who is entitled to order the product. The Customer undertakes to confirm the existence of the rights set forth in this paragraph in writing at any time at the request of the Service Provider. The Customer is obliged to compensate both the Service Provider and third parties for all damages and costs arising from the breach of this warranty obligation.

The Service Provider expressly excludes its liability for damages resulting from the unsuitability or non-compliance of the data uploaded by the Customer. The Customer is always liable for these damages. Furthermore, the Service Provider is not responsible for the correctness, authenticity or availability of the data uploaded by the Customer.

A claim for damages against the Service Provider is excluded, regardless of the legal basis, unless it can be traced back to the Service Provider’s intentional or grossly negligent activities.

Even in the event of the liability of the Service Provider, the amount of compensation is limited to the amount of the fee for the ordered product per order. Any further claims for consequential or incidental damages, including lost profits, are excluded.

The Service Provider ensures the sale of the products according to these GTC through its Website. At the same time, the Customer declares and warrants that by concluding the contract according to the GTC, he assumes any claims, fines or costs established against the Service Provider or the Service Provider’s employee, which are established against the Service Provider due to the Customer’s activity in law or official decision. Accordingly, the Customer is obliged to stand directly against the authority imposing the fine or the enforcer of the claim instead of the Service Provider’s or Service Provider’s employee and to pay the fine, costs and compensation directly to him. If the Service Provider has already paid any costs, fines or damages specified in this paragraph, the Customer shall reimburse this amount to the Service Provider within 3 working days from the notification.

In the event of defective performance, the Service Provider is primarily obliged to display the product repeatedly, without defects. In case this is not possible, to reduce the fee proportionately in case of minor defects and to replace the product in case of serious defects. The Service Provider expressly excludes its property liability in excess of the price of the ordered product.

The User of the Website is fully and exclusively responsible for his / her own conduct, in such a case the Service Provider fully cooperates with the acting authorities in order to detect violations. The Service Provider is entitled, but not obliged, to check the content that may be made available by the Users during the use of the Website, and the Service Provider is entitled, but not obliged, to look for signs of illegal activity with regard to the published content.

The pages of the Website may contain connection points (links) that lead to the pages of other service providers. The Service Provider is not responsible for the data protection practices and other activities of these service providers. Due to the global nature of the Internet, the User agrees to comply with the provisions of applicable national law when using the Website. If any activity related to the use of the Website is not permitted under the law of the State of the User, the User shall be solely responsible for the use.

If the User notices objectionable content on the Website, he / she is obliged to notify the Service Provider immediately. If the Service Provider finds the signal to be justified in the course of its bona fide proceedings, it is entitled to delete or modify the information immediately.

 

Scope and termination of the contract

The contract according to the GTC is concluded between the parties for a definite period of time and is valid until the contract is fulfilled in accordance with the contract by both parties.

In addition to the provisions of the “Consumer Information” of these GTC, the Customer is not entitled to terminate the contract concluded in accordance with the GTC by ordinary termination.

Copyrights

The Website as a whole, its graphic elements, text and technical solutions, and elements of the Service are protected by copyright or other intellectual property rights. The Service Provider is the copyright holder or right holder of all content displayed on the Website and in the provision of services available through the Website: any copyrighted work or other intellectual property (including, inter alia, all graphics and other materials, layout, editing, software and other solutions, ideas, implementations used).

The content or parts of the Website may be saved or printed on physical or other data carriers for private use or with the prior written consent of the Service Provider. Use beyond private use – such as storage in a database, transmission, publication or downloading, placing on the market – is only possible with the prior written permission of the Service Provider.

In addition to the rights expressly specified in these GTC, the use of the Website or any provision of the GTC does not grant the User the right to use or utilize any trade name or trademark on the Website. Apart from the display, temporary reproduction and private copying associated with the proper use of the Website, these intellectual works may not be used or utilized in any other form without the prior written permission of the Service Provider.

The Service Provider reserves all rights to all elements of its service, in particular the domain name of www.mitrageniekratom.com, the subdomains belonging to it, all other domain names occupied by the Service Provider, its sub-pages and the Internet advertising space. All activities aimed at listing, organizing, archiving, hacking, decrypting the source code of the Service Provider’s database are prohibited, unless the Service Provider grants special permission to do so.

It is forbidden to modify, copy, place new data or overwrite existing data in the Service Provider’s database by bypassing the interface or search engines provided by the Service Provider without a separate agreement or using the service provided for this purpose.

 

Data handling

In particular, given that the Customer provides or may provide personal data on the Service Provider’s Website during the use of the Service, the authenticity of which the Service Provider is not entitled or able to verify in any way, the Parties agree that the Customer acts as a data controller and the Service Provider el.

The Service Provider is not responsible in any way for the correctness or authenticity of the personal data provided to it, and the responsibility for the lawful provision of the personal data rests with the Customer at all times. The Customer declares and guarantees that he is entitled to handle the personal data provided by him to the Service Provider and to transfer them to the Service Provider, the transfer of personal data does not infringe or endanger the rights or interests of third parties.

The list of personal data required to be processed by the Service Provider is recorded in the Data Management Information.

The Service Provider handles personal data only in order to perform the tasks included in the Service and these GTC (hereinafter: “Data Processing”).

During the Data Processing, the Service Provider ensures that the persons authorized to handle personal data undertake a duty of confidentiality or are subject to an appropriate duty of confidentiality based on law. Thus, in particular, but not exclusively, the Service Provider ensures that the persons with whom he has an employment relationship or other employment relationship handle the personal data that has come to their knowledge only for the purpose of fulfilling the GTC, do not use it for other purposes, do not communicate it to unauthorized persons. are handed over. The Service Provider also ensures that the persons authorized to process personal data do not disclose the personal data and do not allow unauthorized access to them by third parties.

The Service Provider shall take appropriate technical and organizational measures, taking into account the state of science and technology and the costs of implementation, as well as the nature, scope, circumstances and purposes of Data Processing and the variable probability and severity of the rights and freedoms of natural persons, in order to guarantees a level of data security commensurate with the level of risk, including, inter alia, the measures set out in Article 32 of the GDPR.

Taking into account the nature of the Data Processing, the Service Provider assists the Customer, as a data controller, as far as possible with appropriate technical and organizational measures in order to be able to fulfill its obligations under the relevant GDPR III. in responding to requests related to the exercise of its rights under Chapters 32-36 and assisting the Customer in taking into account the nature of the Data Processing and the information available to the Service Provider.

 

Consumer information pursuant to Government Decree 45/2014 (II.26.)

If you are a natural person acting outside the scope of your profession, self-employment or business activity (hereinafter: Consumer), you are entitled under Government Decree 45/2014 (II.26.) To conclude a contract according to the GTC within 14 days from the date of concluding the contract without giving reasons terminate or withdraw from the contract.

If the Consumer wishes to exercise his / her right of cancellation / withdrawal, he / she must send a clear statement of his / her intention to withdraw (for example by post, fax or electronic mail) to the Service Provider using the contact details in these GTC.

If the Consumer terminates the contract, the Service Provider shall immediately, but no later than within 14 days from the receipt of the Consumer’s notice of termination, reimburse the proportionate part of all consideration paid by the Consumer not affected by the performance.

In the event of faulty performance by the Service Provider, the User may assert a warranty claim against the Service Provider. The Consumer may assert his warranty claims within a limitation period of 2 years from the date of the conclusion of the contract.

In the event of defective performance, the Service Provider is primarily obliged to display it repeatedly, without errors. In the event that this is not possible, it is obliged to reduce the fee proportionately in the event of minor errors and to reimburse the fee in the event of a serious error.

The User may submit consumer complaints related to the service at the contact details indicated in these GTC.

In the event of a complaint, the Service Provider shall act in accordance with the rules applicable to written complaints.

If any consumer dispute between the Service Provider and the User is not resolved during negotiations with the Service Provider, the Customer who qualifies as a consumer may apply to and initiate the Conciliation Body competent according to his place of residence or stay, and the following enforcement options are open to the User:

– Complaint to the consumer protection authority (before the consumer protection authority of the district office where the consumer resides),

– Dispute settlement procedure through the European Union’s online dispute settlement platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

– The Consumer is also entitled to initiate proceedings before the competent court.

In the case of a cross-border consumer dispute related to an online contract, it is possible for Consumers to settle their cross-border disputes electronically at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.trader.register

 

Miscellaneous provisions

Complaints regarding defective performance – if they can be detected with the usual due diligence – must be reported by the Customer in writing without delay, but no later than 15 days after the Service Provider’s performance, or – in case of hidden defects, if conceptually interpreted during use of the Website within. After the expiration of these periods, the performance of the Service Provider shall be deemed to be faultless.

If the Customer submits a warranty complaint, the Service Provider will investigate it and notify the Customer of the result.

If the objection is substantiated, the Service Provider will, at its own discretion, correct the error afterwards free of charge or ensure that the product is resent. Within the scope of an objection, the request for withdrawal or price reduction can only be applied if, in the Service Provider’s opinion, neither repair nor resubmission can be performed afterwards, or if the Service Provider does not implement them within the additional 4 weeks provided by the Customer. In the event of a definitive failure to repair or resend, the Customer may, at its option, request a price reduction or withdraw from the contract. Additional claims, in particular any claim for damages or incidental damages, are excluded.

In the event of war, strike, epidemic, work slowdown, lack of raw materials, parts or energy, downtime, state acts – even if it makes the relevant transaction uneconomical for a certain period of time – and in all other cases considered force majeure in Hungarian law, the Service Provider exempted from performance for the duration of these circumstances. If the impediment lasts for more than three months, either party shall be entitled to withdraw from the part of the contract affected by the delay.

Unless otherwise provided in these GTC, the Parties may communicate the written statement or notification to the other party by registered mail or registered mail with return receipt or by fax. The date of notification is the 5th day from the date of sending to the domestic post office in the case of registered items, the date indicated on the return receipt in the case of registered items with return receipt, and the sending date indicated in the fax report in case of communication by fax. Communication by fax shall be considered valid only if the other party has acknowledged receipt of the communication in writing. There is a counter-evidence against the date of communication by registered mail. A declaration or notification shall be deemed to have been communicated even if it has not reached the other party because the other party has not sought, received, refused to accept the document delivered by post or the other party has sent the notification address indicated on the order form to the sender. moved without prior written notice.

The parties are primarily obliged to settle their disputes concerning the contract amicably. If the conciliation does not lead to a result, they shall stipulate the jurisdiction of the competent court of Hungary for their legal disputes. All agreements concluded by the Parties on the basis of these GTC, as well as the GTC itself, shall be governed by the laws of Hungary in all respects. In matters not regulated in these GTC, the Civil Code and the otherwise applicable Hungarian legislation shall prevail.

The invalidity of one or more provisions contained in these GTC does not affect the validity of the other provisions. In such a case, the Contracting Parties shall endeavor to replace the relevant invalid provision by a negotiated and valid provision, and the negotiations shall take into account the framework and objectives of the GTC.

In the interpretation of these GTC, in the adjudication of legal disputes and in the Contractual Legal Relationship of the Parties, the laws of Hungary shall prevail, in case of a legal dispute, the courts of Hungary shall have jurisdiction.

 

Service provider details

These GTC are effective from 1 May 2021.