Public Foundation for the Research of Central and East European History and Society

Terms and Conditions

Regarding purchases from the webshop of the House of Terror Museum

VALID FROM: 1st September 2019

 

These Terms and Conditions (henceforth: Terms) contain the rights and obligations of users (henceforth: Customers) making use of the electronic trading services (henceforth: Services) provided via the webshop of the House of Terror Museum on the website webshop.terrorhaza.hu (henceforth: Website) provided by the Public Foundation for Research on Central and Eastern European History and Society (seat: 1122 Budapest, Határőr út 35., reg.no.: 01-01-0007526, VAT number: 18237010-2-43, contact details: , +36 (1) 212-7140; henceforth: Service Provider), as well as the rights and obligations of the Service Provider.

These Terms and Conditions relate to the use of the services provided by the Service Provider. By registering on the Website and purchasing product(s) available at the Website, you accept and consent to be bound by these Terms and Conditions, so we kindly ask you to read them, and only use the services provided at the Website if you consent to be bound by all the provisions of the Terms and Conditions.

1./ DEFINITIONS

Service Provider: In the context of these Terms and Conditions, the Public Foundation for Research on Central and Eastern European History and Society shall be considered the provider of the services.

Customer: a natural person or legal entity that orders and pays for the product(s) offered by the Service Provider on the Website.

Service: the transfer of ownership rights and ownership of the products available by using a telecommunications network on the Website operated by Service Provider in exchange for payment to the Customer.

Product: the products shown on the Website (books, mugs, fridge magnets, etc.)

Business Day: Any day between Monday and Friday, except for holidays.

Registration: during registration Customers provide their personal data, as well as a user name and password. The data are stored by the Service Provider. When you next time aim to purchase something, the system loads such stored data automatically, meaning that you do not need to provide the information necessary to place an order and to make a purchase every time you intend to buy something from the shop.

Contract of sale: a specific Contract of sale entered into by the Service Provider and the Customer via the webshop for the purchase of one or more products offered on the Website According to the relevant Government Decree, these Terms and Conditions and the Contract of sale shall constitute a distance contract. The provisions of these Terms and Conditions shall constitute a mandatory and inalienable part of the Contracts of sale.

Applicable legislation: all applicable laws that are relevant for the Service Provider and the Customer, including Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain issues of electronic commerce services and information society services, Governmental Decree 45/2014 (II. 26.) on detailed rules regarding contracts between consumers and companies, Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information, Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities and Act CLV of 1997 on consumer protection.

2./ SCOPE

2.1./ These Terms cover the Service Provider and all persons registering and/or making a purchase on the Website.

2.2./ The objects covered by the Terms are the products found on the Website. These Terms and Conditions shall apply for all methods of use (mobile website, mobile applications, Facebook page etc.) of the Services provided by the Service Provider that are suitable for accessing the systems of the Service Provider.

2.3./ By registering or placing orders on the website, the Customer consents to be bound by all provisions of these Terms and Conditions. In case the Customer does not accept the provisions of these Terms and Conditions, they are not authorized to use the website.

3./ INFORMATION OF THE SERVICE PROVIDER

3.1./ This website is operated by the Public Foundation for the Research on Central and Eastern European History and Society as the Service Provider.

3.2./ The following are the information of the Service Provider:

Registered office: 1122 Budapest, Határőr út 35.

Registration number: 01-01-0007526

Court responsible for maintaining the commercial register: Fővárosi Törvényszék (Court of Budapest)

Tax number: 18237010-2-43

Place of performance of the e-commerce business activities, postal address: 1062 Budapest, Andrássy út 60.

E-mail: . Phone number: +36 (1) 212-7140

Hosting service provider: PRAE.HU Kft.

4./ ELECTRONIC SERVICES PROVIDED BY THE SERVICE PROVIDER

4.1./ Customers may use the following electronic services on the Website: Creating a User Account via registration, Placing an order for the product(s) the Customer wishes to purchase via registration. Orders may be placed electronically, on the Website (online). The Service Provider does not accept orders placed by phone, fax, e-mail or letters. The Service Provider shall also send all information related to the orders to the Customers via electronic channels.

4.2./ While placing an order, Customers may register on the Website of the Service Provider. By registering, the Customer consents to have their data stored and processed by the Service Provider according to the Data Processing Guidelines. If a Customer registers, their data shall be stored by the Service Provider and such stored data will load automatically upon future purchases. Customers are only authorized to provide their own personal data on the Website. The Customer bears sole responsibility for providing accurate, up-to-date and genuine information. The Service Provider excludes all liability regarding the accuracy and genuineness of the data found on the Website. The Service Provider cannot be held liable for delays in performance and other problems, omissions stemming from inaccurately and/or erroneously provided data by the Customer. The Customer shall keep their password secret and handle it carefully. The Service Provide shall not be held liable for damages resulting from the Customer forgetting their password, or from the password becoming known to unauthorized third parties by no fault of the Service Provider.

4.3./ When Registering and Placing an order, the Customer needs to provide the following personal data:

a) last name and first name or company name,

b) e-mail address,

c) phone number,

d) postal address/registered office/shipping address (country, municipality, postal code, street name, house number, floor, door number),

e) invoicing data.

4.4./ Besides those mentioned in point 4.3, the Customer shall also provide a username and a password, and tick the appropriate checkbox, with which the Customer declares that they have read and accept the Data Processing Guidelines and these Terms and Conditions. By ticking this checkbox, the Customer declares that they have read and understood all the provisions of these Terms and Conditions and the Data Processing Guidelines, and that they will comply with and consent to be bound by these provisions.

4.5./ Natural persons may only register on the Website if they are over 18 years of age. If you are not yet 18, please discontinue the registration.

5./ THE PURCHASING PROCESS AND ENTERING INTO A SPECIFIC CONTRACT OF SALE

5.1./ All items available in the webshop on the Website can be ordered. The product descriptions provide more information about the product features and attributes, and the Customer can also find the conditions for placing an order here. Should a Customer need more information on the quality, basic properties, use or usability of an item (besides information found on the Website), they may write to the following e-mail address for more information: .

5.2./ The first step of the ordering process is to add the product(s) that the Customer would like to purchase to their electronic shopping cart. Customers compile the product(s) selected for purchase by clicking the button “Add to Cart” on the product page. The compiled products can be viewed by clicking the “Cart” icon in the top right corner. Registered Customers may compile a list of favourite products, that they are interested in, but do not yet wish to purchase. If you do not wish to add more products to your cart, to order the product(s), click the Cart icon, and provide your personal data, as well as data related to shipping and invoicing. The Service Provider shall only accept orders where the Customer has filled in all the required information. The Service Provider cannot be held liable for delays in performance and other problems, omissions stemming from inaccurately and/or erroneously provided order information by the Customer.

5.3./ Following the steps in 5.2 the Customer clicks “Cart”, and is shown the order summary page where they can see the product(s) selected for purchase and check the product(s) to be ordered for one last time before finalizing the purchase, or modify their order if needed.

5.4./ If the items are to be shipped inside of Hungary, after clicking “Checkout”, the Customer must choose one of the following options:

a) the Customer requests shipping: If the purchase value is below 10,000 HUF the Customer shall pay the shipping cost noted on the Website; if the order value is at least 10,000 HUF, shipping is free,

b) the Customer picks up the purchased product(s) personally at the bookshop of the House of Terror Museum (address: 1062 Budapest, Andrássy út 60.; Open: Tuesday thru Sunday 10AM-6PM).

5.5./ Product(s) with a gross weight of up to 2 kg may be shipped abroad to the destination countries listed on the Website, where shipping costs are also listed.

5.6./ In case of shipping destinations other than those listed on the Website and/or gross weights over 2 kg Customers may contact the Service Provider, who will duly inform the Customer about the calculated shipping cost. In this case the whole process (contact between the Parties, sending information, ordering and the provision of a proforma invoice) shall take place via e-mail. If the Customer accepts the shipping cost, the Service Provider shall send a proforma invoice to the Customer, which contains the price of the product(s) ordered and the shipping cost. The order is created when the Customer transfers the amount stated on the proforma invoice.

5.7./ After selecting the shipping method, the Customer shall choose “Checkout”, and initiate payment by providing their personal and card details.

a) in case shipping is required, the amount shall be paid in advance (prior to shipping) and only credit/bank card may be used. After the Customer provides their personal and card details, the Bank assesses and accepts them, the Customer shall click the “Place order” button, which opens the payment page of the Bank, and the payment is thus finalized. If the transaction was successful, the Customer is redirected to the Service Provider’s Website.

b) in case of personal pick-up, you may pay in advance on the Website by bank card as described in 5.7 a) or pay in cash when you pick up the products.

5.8./ In case of cash payments the Service Provider’s offer shall be valid for 8 days. Accordingly, if the products are not paid and picked up within 8 days of placing the order, the Service Provider’s offer ceases to be valid and the order is cancelled by the Service Provider.

5.9./ After submitting the order – and paying, if payment by bank card was selected – the Customer receives a confirmation e-mail to the e-mail address provided. If payment by bank card is selected, the Customer shall first receive and automated e-mail from SimplePay about the completed transaction. The Customer shall receive an order confirmation e-mail from the Service Provider in the case of both payment methods. If the product(s) ordered are not available, the Service Provider shall inform the Customer about this via e-mail in 2 business days and send back the transferred sum to the Customer no longer than 30 days after informing them. If the product(s) ordered are available, the Service Provider shall send a second confirmation e-mail to the Customer that the product(s) have been dispatched, or that they can be picked up from the Service Provider, in case pick-up was selected.

5.10./ The specific Contract of sale enters into force when the Customer receives the second confirmation e-mail from the Service Provider. The full text of these Terms and Conditions shall be considered an inalienable part of the specific Contract of sale concluded between the Service Provider and the Customer.

5.11./ The Contract of sale shall be recorded and communicated to the Customer by the following methods:

a) these Terms and Conditions shall be continuously available on the Website,

b) the contents of the Contract of sale shall be recorded in the User Account of the Customer, and can be accessed there,

c) the Service Provider shall file the invoice related to the Purchase, and attach the Order to the invoice in each case.

5.12./The Contract of sale does not constitute a written agreement, but an electronically concluded distance agreement. The Service Provider does not file the Contract of sale separately.

5.13./ The language used for the contracts and communications between the Parties shall be Hungarian.

6./ SHIPPING

6.1./ In case of successful payment by the Customer and activation by the Service Provider, the latter shall dispatch the product(s) that the Customer has paid for – if the Product(s) are available – by post to the shipping address. For deliveries within Hungary, the shipping time is 2-4 business days. For deliveries outside of Hungary, after the order is finalized, the Service Provider shall notify the Customer of the estimated shipping time. The shipping cost can be found on the Website.

6.2./ The date of receiving the ordered product(s) is the date of delivery by the shipping company, if shipping was selected; if store pick-up was chosen, then it is the date the order is picked up from the store.

7./ WITHDRAWAL

7.1./ As per Gov. decree 45/2014. (II. 26.) the Customer may withdraw from the Contract within 14 days without justification. Customers may, when buying goods, practice their right to withdrawal within 14 days of receiving the product(s). In case of withdrawal  the Customer shall make a withdrawal declaration and send it to the Service Provider in the form of a certified letter or in e-mail to the e-mail address .

7.2./ In case of withdrawal the Customer shall, at their own cost, return the product(s) in perfect condition to the address of the Service Provider (1062 Budapest, Andrássy út 60.). A sample withdrawal declaration may be downloaded from the Website. Customers may exercise their right to withdrawal by using the sample withdrawal declaration found on the Website or by making an unambiguous statement to that effect. The Service Provider shall refund the price of the returned product(s) within 14 days at the latest from the time it was informed about the withdrawal, i.e. 14 days from the time it received the withdrawal declaration and the product(s) in perfect condition. In case of withdrawal the Customer shall only bear the cost of returning the product(s). The Service Provider may only refund the purchase price of the product(s) when the Customer has returned the product(s) safely. The Service Provider shall refund the purchase price via bank transfer, to the bank account provided by the Customer in their withdrawal declaration. The Customer shall not incur any additional charges as a result of this reimbursement method.

7.3./ The Customer accepts that the Service Provider shall not refund the purchase price of product(s) returned due to withdrawal without justification if the product(s) received are not in perfect condition.

8./ SERVICE FEES, PAYMENT TERMS

8.1./ The purchase price is always the sum shown next to the selected product(s), which already contains VAT. The purchase price of the product(s) does not contain shipping costs.

8.2./ The Service Provider reserves the right to change the price of the product(s) available for purchase. Any change enters into effect at the time it is published on the Website. Such changes do not affect the price of products already purchased.

8.3./ If, despite the greatest care on the part of the Service Provider, an erroneous price is displayed on the Website, especially one that is obviously wrong and differs from the publicly known, generally accepted or estimated price of the product(s), possibly a price of “0” or “1” HUF displayed due to system errors, the Service Provider is not obliged to ship the product(s) at the erroneous prices, but may offer the product(s) for sale at the correct price, whereupon Customer may withdraw from their intention to purchase.

8.4./ The Service Provider shall only accept orders via its Website, and if the Customer has filled out all the required fields. (Should the Customer fill out a field incorrectly or incompletely, they shall receive an error message from the Service Provider.) The Service Provider cannot be held liable for delays in shipping and other problems, omissions stemming from inaccurately and/or erroneously provided order information by the Customer.

8.5./ The price of the product(s) purchased, as well as the shipping cost are to be paid by the Customer (deducted from their bank account) upon placing the order, or in cash if personal pick-up is selected. In case the Customer opted to pay with bank card, after placing the order they will be redirected to the payment page of the Bank, where they can pay with their bank card. The transaction is encrypted by a PCI DSS certificate.

You can pay for your purchase with the following card types:

  • Visa (embossed)
  • MasterCard (embossed)
  • Maestro
  • American Express (embossed)
  • Electron (not embossed), depending on issuer.

8.6./ The Service Provider accepts complaints regarding its invoices within 5 (five) days of the receipt of the invoice. The Parties agree that this limit for the complaints shall be considered a preclusive period.

8.7./ By accepting these terms and conditions, the Customer acknowledges that the Public Foundation for the Research of Central and East European History and Society (registered seat: 1122 Budapest, Határőr út 35.) as the data controller will transfer the following personal data, provided by the Customer, stored in the user database of the site webshop.terrohaza.hu (as a point of sale) to OTP Mobil Kft. (1093 Budapest, Közraktár u. 30-32.) acting as the data processor. The data controller transfers the following personal data: email address and phone number of the Customer, details of the bill-to address, details of the shipping address.

You may find out more about the specifics and purposes of the data processing activities carried out by the data processor in the Data Processing Guidelines of SimplePay, which is available at the following address: http://simplepay.hu/vasarlo-aff

9./ LIABILITY FOR DAMAGES

9.1./ The Customer acknowledges and accepts that the Service Provider excludes all liabilities regarding the use of the product(s) by the Customer or made possible by the Customer that are contrary to these Terms and Conditions, the specific Contract of sale, their intended use or the applicable legislation.

9.2./ The Customer accepts that the Service Provider cannot be held liable for damages resulting from functional problems of the service and the occasional technical failures.

9.3./ The Service Provider shall not be held liable for damages resulting from connecting to the Website. The Customer is responsible for protecting their computer and the data stored on it.

9.4./ The Customer accepts that the Service Provider is entitled to suspend the service or limit its use in any way at any time and without prior notice to the Customer, for the purpose of improving the service or troubleshooting its technical problems. The Customer states that they shall not pursue claims for damages resulting from the suspension or limitation of the service against the Service Provider.

10./ WARRANTY, GUARANTEE

10.1./ In case of lack of conformity on the part of the Service Provider, the Customer is entitled to pursue warranty claims against the Service Provider according to the provisions of the Civil Code.

10.2./ According to the Civil Code, lack of conformity on the part of the Service Provider means when its performance at the delivery date is not in compliance with the quality requirements laid down in the specific Contract of sale.

10.3./ The Customer may choose to pursue the following warranty claims: The Customer may choose either repair or replacement, unless compliance with the claim chosen by the Customer is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy. The Customer may choose a commensurate reduction in the consideration, repair the defect himself or have it repaired at the expense of the Service Provider, or (as a final remedy) to withdraw from the contract if the Customer did not or could not request repairs or a replacement. The Customer shall be entitled to switch from the warranty right he has selected to another. The cost of switch-over shall be covered by the Customer, unless it was made necessary by the conduct of the company.

10.4./ The Customer shall inform the Service Provider of any problems without delay, but not later than two months after discovering the lack of conformity. Please note, however, that your right to warranty shall lapse after two years from the performance of the Contract of sale.

10.5./ Within six months of delivery, you only need to prove that you have bought the product(s) from the Service Provider, this is the only condition that you need to fulfil for exercising your warranty rights. From six months after the delivery, the onus is on the Customer to prove that the defect that they discovered was already present at the time of delivery.

10.6./ The Service Provider provides a warranty of title for the products.

10.7./ The Service Provider is not obliged to offer guarantees regarding the products.

11./ TERM AND TERMINATION OF THE CONTRACT

11.1./ The specific Contract of sale shall be a fixed-term contract that terminates when both Parties have discharged their obligations stemming from the contract.

11.2./ The specific Contract of sale shall be terminated in the following cases:

a) In case the Customer fulfils its payment obligations upon entering into the specific Contract of sale, the contract shall be terminated the day on which the Service Provides delivers its service to the Customer, too.

b) If the Customer exercises their right of withdrawal, then on the day the Service Provider received the withdrawal declaration.

11.3./ The termination of the specific Contract of sale shall not establish obligations to pay fees or costs on either the part of the Customer or the Service Provider.

12./ HANDLING OF PERSONAL DATA

The Data processing Guidelines of the Service Provider contain the specific rules governing the usage of the personal data of the User.

13./ HANDLING COMPLAINTS

13.1./ In case the Customer wants to submit complaints or claims or encounters data processing errors while making their purchase, they may contact the Service Provider using the following contact information:

On the phone: +36-1- 374 2664.

Via e-mail at:

By postal mail: 1062 Budapest, Andrássy út 60.

13.2./ The Service Provider provides the complaints management service free of charge.

13.3./ The Service Provider states that it does not record complaints lodged on the phone by the Customer.

13.4./ When submitting your complaint, we suggest you include the following information:

  1. a) detailed information on and the circumstances of the subject of the complaint, characteristics of the procedure against which you complain;
  2. b) the request of the Customer,
  3. c) contact information where we can reach the Customer for the purpose of handling the complaint.

By providing this information, you facilitate and simplify the complaint investigation on the part of the Service Provider.

13.5./ The Service Provider shall provide a response to your complaint within 14 calendar days of submitting the complaint.

13.6./ Please be aware that in case your complaint is rejected, you have the opportunity to initiate an administrative procedure or a conciliation procedure by contacting the following authorities.

13.7./ Conciliation procedures may be initiated at the Conciliation Panel of Budapest (registered office: 1016 Budapest, Krisztina krt. 99. III. em. 310., mailing address: 1253 Budapest, Pf.: 10.. E-mail address: , fax: 06 (1) 488 2186, phone: 06 (1) 488 2131).

13.8./ If you believe that the Service Provider has committed a consumer protection offence in connection with your complaint, you can submit your grievances to the District Administrator’s Office in whose territorial jurisdiction you reside. You can find the list of these offices at the following address: http://jarasinfo.gov.hu.

14./ FINAL PROVISIONS

14.1./ In matters not regulated by these Terms and Conditions, the Applicable legislation shall be considered applicable.

14.2./ The Data Processing Guidelines of the Service Provider found at the Website shall be considered an inalienable part of these Terms and Conditions.

14.3./ The Website operated by the Service Provider provides an appropriate degree of security, however, we suggest that you take the following precautions: use anti-virus and anti-spyware programs and keep their databases up-to-date, and always install security upgrades for your operating system. By using the Website, we assume that the User is fully aware of the technical limitations of the internet, and accepts that due to these limitations, errors may occur.

14.4./ The Service Provider does not accept any codes of conduct as binding.

14.5./ The Service Provider is entitled to unilaterally change the provisions of these Terms and Conditions at any time. These changes are considered in effect at the time of their publication on the Website.

Budapest, 27/08/2019.