General Conditions of Contract

The General Terms and Conditions (hereinafter referred to as GTC) encloses the rights and obligations of Kirsche Kereskedelmi és Szolgáltató Kft. (hereinafter referred to as the Service Provider) and the Client applying electronic commerce services (hereinafter referred to as Client) through www.enrage.hu.

 

(Service Provider and Client hereinafter jointly referred to as Parties). The GTC applies to all legal transactions and services that are made through www.enrage.hu, regardless of whether it is performed from Hungary or from abroad, by the Service Provider or its contributor.
Data of Service Provider:

  • Name: Kirsche Kereskedelmi és Szolgáltató Kft.
  • Location and mailing address: 27. Árpád street, Kiskunmajsa, 6120.
  • Name of the Registration Office: Bács-kiskun Megyei Bíróság
  • Tax number: 11035996-2-03
  • Company registration number: 03-09-127324
  • Customer service: see more at 1.7
  • Phone number: +36 (30) 1812491
  • Email address: enragethebeast@gmail.com
  • Logistics center: 27. Árpád street, Kiskunmajsa, 6120 Hungary

 

  1. General information, existance of the contract between the parties

 

  • This General Terms and Conditions apply to all electronic commerce services provided in Hungary, which are made through the electronic store (hereinafter referred to as the ENRAGE webshop) at www.enrage.hu (hereinafter referred to as the Website). In addition, the present GTC covers all commercial transactions in Hungary, that are established between the Parties specified in this contract. Purchasing in the ENRAGE webshop is regulated by the CVIII 2001 (“Elkertv.”) on electronic commerce services, certain aspects of information society services.

 

  • Purchasing through the ENRAGE webshop is possible by ordering electronically, as specified in this GTC.

 

 

  • A significant part of the ENRAGE webshop’s services is accessible to all users without registration. However, some services are bound to registration (and log in), to which anybody is entitled to under the terms of the GTC.

 

  • After submitting the order, the contract may, until its completion, be amended and rescinded freely and without consequence. This can be made through phone or e-mail. The contract concluded between the Parties in English by purchasing the goods is considered to be a written contract, the Service Provider records and keeps it for 5 years after its establishment.

 

 

  • The language of the contract is English.

 

  • The Service Provider does not submit to any of the provisions of the Code of Conduct.

 

 

  • Customer Service: Kirsche Kereskedelmi és Szolgáltató Kft.
    Location of Customer Service Office: 6120 Kiskunmajsa, Árpád u. 27.
    • Customer service opening hours: (weekdays: 9:30-15:00)
    • Phone number: +36 (30) 1812491
    • Internet address: www.enrage.hu
    • E-mail: enragethebeast@gmail.com

 

  1. Registration

 

2.1. Under Registration on the Home page, you can fill the registration form, which is divided into two parts. A pre-data query (username by choice, a real e-mail address, and password by choice is required) will be followed by a more detailed personal information sheet after the link is sent by e-mail to validate the registration, that may take place prior to the submission of the orders. With the registration to the Website, the Client acknowledges and accepts the GTC and the Privacy Statement published on the Website and agrees to the Privacy Policy enclosed in the Privacy Statement.

2.2. The Supplier shall not be liable for any delays due to the Client’s misrepresentation and / or inaccuracy in data, or any other problem or error. The Service Provider shall not be liable for any damages resulting from the fact that the Client forgets his/her password or if it becomes available for any unauthorized person for any reason not attributable to the Service Provider. The Service Provider treats all registrations as a separate legal entity. To change the previously recorded data, you can access the Personal Data Change menu item after clicking Personal Settings, which may also affect active order information. The Service Provider shall not be liable for any damages resulting from the change of the registered data by the Client.

  1. Ordering

 

3.1. The essential characteristics, characteristics and instructions for the use of goods can be found on the information page of the specific article by the fact that the detailed physical features of the goods are included in the instruction manual accompanying the product. The Service Provider is considered to have made contractual fulfillment if the product has more favorable, more advantageous properties than the information provided on the website or in the instructions for use. If you have a question about the product before buying, our customer service is at your service. The instructions for use of the product we sell, is attached to the product, where this is required by law. If you do not accidentally receive the compulsory instructions for use with the goods, please contact our customer service immediately before usage. If you need more information about the quality, the basic features, the use, the usability of any product than indicated on the Website, please contact our customer service, these details and contact information can be found in section 1.5.

3.2. The purchase price is always the amount indicated next to the selected product, which, if not marked separately, already includes the sales tax. The purchase price of the product does not include the cost of shipping, unless stated otherwise on the final payment page.

3.3. The Service Provider reserves the right to change the prices of products ordered on the Website by the effect that the amendment will enter into force simultaneously with the appearance on the Website. The amendment does not negatively affect the purchase price of the products already ordered. We can not refund money if payment is initiated through online credit card and there is a fall in price of the product during the period between the sending of the electronic payment note and the receipt of the product. The online payment transaction security check takes a minimum of 24 hours, and the product can only be received after that.

3.4. If, in spite of all the Service Provider’s diligence, a defective price is placed on the Website, in particular the obviously false, eg. significantly different from the generally accepted or estimated price of the product, or due to system error the price is set to “0” or “1” HUF, the Service Provider is not obliged to deliver the product at a defective price, but can offer you the right price, in the knowledge of which the Customer may withdraw from his intention to purchase. Product images published on the website are sometimes illustrations only, they may differ from reality.

3.5. The order is accepted through the Service Provider’s Website by the Client without a registration aswell, however, the order to be submitted, every field related to Customer data must be filled. (If Client fills a field incorrectly or incompletely, he / she will receive an error message from the Service Provider.) The Service Provider is not liable for any delays due to the Client’s misrepresentation and / or inaccurate ordering data or any other problems.

Client may place the selected products in the cart by using the “Add to Cart” button on the product details page that appears after clicking on each product. You can view and modify the contents of the cart by clicking on the cart icon on the right side of the Web page, where you can specify the desired quantity of each item or delete the contents of the Cart (“Remove”). If the Client has finalized the contents of the Cart, by clicking on the “Payment” button, you will need to sign in to the Website or sign up for the order to be submitted. After that, one can choose from the pick-up options and add billing and delivery information. If all the required information have been entered and the delivery method has been selected, by clicking on the “Continue” button, the Client can choose the method of settling the total amount of the payment for the order. If the payment method has been selected, clicking on the “Payment” button will give a summary of all the details to check order information befor it is submitted; at this stage there is still chance for modification of billing and shipping address, payment and delivery, and comment can also be attached to the order.

Submission of the order happens after clicking “Finalizing Order”. The order is completed by clicking on the “Finalize Order” button, which creates a payment obligation to the Client.

 

  1. Correcting data entry errors

 

4.1. At any time during the order and before submitting the order to the Service Provider, the Client may at any time have an opportunity to correct the data entry errors in the ordering area (eg by deleting the product from the cart by clicking on the “Remove” button).

  1. Bid binding, confirmation

 

5.1. The Client’s receipt of the order is sent by the Service Provider to the Client without delay, by means of an automatic confirmation email within 48 hours, which contains the information provided by the Client during the purchase or registration (e.g. billing and shipping information), Order ID, Order Date, Listing, Quantity, Item Price, Delivery Cost, and Total Cost of the Order. This acknowledgment email only informs the Client that his order has been received by the Service Provider.

5.2. Client is exempted from the bond of the bid if he/she does not receive a separate acceptance email of the placed order from the Service Provider within 48 hours.

5.3. If Client’s order has already been sent to the Service Provider and notices a mistake regarding the information contained in the confirmation email, he/she must report it to the Service Provider within 1 day.

5.4. The order is considered to be an electronically concluded contract, which is governed by Act V. of the Civil Code of 2013, Electronic Commerce Services and CVIII of 2001 on certain aspects of information society services. The contract is governed by Government Decree 45/2014 (II.26.) on detailed rules for contracts between consumers and businesses and takes into account the provisions of Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights.

  1. Delivery and Payment Terms

 

6.1. The Service Provider supplies the ordered product that is meant to be delivered by means of a freight agent according to the terms and conditions of the Shipping and Payment Terms. The Service Provider reserves the right to change the shipping fee by the effect that the amendment will enter into force simultaneously with it’s appearance on the Website. The change does not affect the purchase price of the products already ordered.

6.2. After providing the feasibility of the order, the Service Provider gives Client an opportunity to choose the delivery date, which does not indicate a specific date, but only serves to select an approximate delivery interval. The Service Provider can not undertake delivery to specified hours.

6.4. The Services ordered on the Website shall be provided by the Service Provider to the Client on the location indicated on the order confirmation sent by e-mail.

6.5. The Client can find out about the payment methods and the options for payment provided by the Service Provider at www.enrage.hu, under the Terms and Conditions of Delivery.

  1. Right of withdrawal

The provisions of this section apply solely to a natural person acting outside the scope of his profession, occupation or business, who commits, orders, receives, uses, makes use of, and commits to, the commercial communication and offer of the goods (hereinafter referred to as “Consumer”).

In case of a contract for sale, Consumer is entitled to withdraw from the contract within thirty (30) days from the date of receipt of

  1. (a) the product
  2. (b) when supplying several products, the last supplied product,
  3. (c) in case of a product consisting of several lots or pieces, the last item or piece,
  4. (d) if the product has to be provided on a regular basis within a specified period of time, the first service, by the consumer or by a third party other than the carrier designated by the carrier.

Consumers are entitled to exercise their right of withdrawal between the date of conclusion of the contract and the date of receipt of the product.

Consumers shall not be entitled to the right of withdrawal for the sale of a sealed audio and video record and a copy of a computer software if, after the transfer, the consumer has opened the packaging; – in the case of non-prefabricated products which have been produced on the basis of a consumer’s request or express request or for a product clearly designated for the consumer.

7.1. The course of exercising the right of withdrawal

7.1.1. If Consumer wishes to exercise his/her right of withdrawal, he/she must provide a clear statement of his/her intention to withdraw (eg by post, fax or electronic mail) by using the contact details indicated at the beginning of this GTC. Consumer shall exercise his/her right of withdrawal within a period of time prior to the expiry of the above-mentioned deadline to send his/her withdrawal statement to the Service Provider.

7.1.2. The Consumers shall be required to demonstrate that they have exercised their right of withdrawal in accordance with the provisions set out in point 7.

7.1.3. In both cases, the Service Provider shall acknowledge receipt of the Consumer’s withdrawal statement by email without delay.

7.1.4. In case of cancellation in writing, it shall be deemed to be valid within the deadline if the consumer sends such a declaration to the Service Provider within 30 calendar days (even on the 30th calendar day).

7.1.5. By postal notification, the date of posting, by e-mail or fax, the time of sending the e-mail or the fax will be considered by the Service Provider for the time limit calculation. The Consumer ought to send his/her mail as a registered mail to prove the date of dispatch as credible.

7.1.6. In the event of Consumer withdrawal, he/she must return the ordered product without undue delay to the Service Provider and return it within 30 days latest from the notice of withdrawal.

7.1.7. The deadline shall be deemed to be fulfilled if the Consumer sends the item to the postal service (post or courier ordered by him) before the 30-day deadline.

7.1.8. The cost of returning the product to the Service Provider’s address is borne by the Consumer. At the Consumer’s request, the Service Provider arranges for the delivery of the return, however, the cost of returning provided by the Service Provider is borne by the Consumer, and in this case the Service Provider does not take over the cost of the return it organizes, it solely provides the Consumer with no need to deal with the return of the Consignee. Consumer’s request for this is welcomed by the Customer Service of the Service Provider.

7.1.9. The Service Provider can not take over the package returned, Cash On Delivery. In addition to the cost of returning the product, the Consumer will not be charged any other costs in connection with the withdrawal.

7.1.10. If the Consumer withdraws from the contract, within 30 days of receipt of the Consumer’s withdrawal notice, the Service Provider shall reimburse all remuneration paid by the Consumer, including the cost of transport (delivery), except for the extra costs incurred due to that Consumer has chosen a mode of transport other than the cheapest mode of transport offered by the Service Provider. The Service Provider is entitled to withhold the refund until the Product has been returned or Consumer verified that it has been returned: the Service Provider considers the earlier date.

7.1.11. The refund is used by the Service Provider in accordance with the payment method used in the original transaction, unless the consumer expressly agrees to use a different payment method; due to the use of this refund method, no additional costs are incurred by the Consumer.

7.1.12. Consumers can only be held liable for depreciation in the product if it is due to use beyond the use required to determine the nature of the product.

7.1.13. If the consumer exercises his/her termination right in the case of a service contract after the commencement of performance, he/she shall be obliged to reimburse the reasonable costs of the Service Provider.

7.1.14. The Service Provider may demand reimbursement of depreciation and reasonable costs arising from use beyond the use required to determine the nature, properties and operation of the product, if performance of a service contract has been initiated and exercised by the express request of the Consumer before the expiry of the time limit.

  1. Warranty

 

8.1. Mandatory Guarantee

8.1.1. For the products of Service Provider, according to the provisions of the Civil Code and 151/2003. (IX.22.) Government Decree, during the warranty period Service Provider is only exempted of liability if it is proven that the defect is due to improper use of the product.

8.1.2. The duration (commercial guarantee) actual delivery, ie. delivery of the product to the Client, or if commissioned by the Service Provider or its agent, from the date of commissioning. Durable goods are defined in the Government Decree 151/2003 on the compulsory guarantee for certain durable consumer goods. (IX.22.), for which the statutory obligation is mandatory for one year. The (tangible) scope of the regulation applies only to the new products sold under a consumer contract concluded in Hungary and which are listed in the Annex to the Regulation.

The error is not covered by the warranty if the reason for this has occurred after the product has been delivered to the Client, such as if the error

– incorrect installation (unless installation is carried out by the Service Provider or its authorized representative or if incorrect installation is due to a fault in the User Manual)

– diversion, disregard of the operating instructions, – improper storage, improper handling, damages,

– cataclysm caused natural disaster.

In the event of a failure under warranty, the Client:

– may, at his/her choice, request repair or replacement, unless the performance of the selected warranty claim is impossible, or if for the Service Provider it results in a disproportionate additional cost compared to the fulfillment of the other warranty claim, taking into account the value of the product in error, the breach of contract and the damage caused to the Client by fulfillment of warranty claim.

– shall, at his/her choice, if the Service Provider does not undertake any repairs or replacements, cannot be in line with its obligations within the respective deadline, sparing the interests of the Client or if the Client’s interest in repair or replacement is eliminated, require the proportional delivery of the purchase price, correct the error or have it corrected at the Service Provider’s expense or cancel the contract. There is no place for a withdrawal due to an unimportant error.

If the Client validates replacement requests within three working days of the purchase (putting into service) due to product failure, the Service Provider is obliged to replace the product, provided that the defect prevents its intended use.

Correction or replacement should be carried out within a reasonable time, taking into account the characteristics of the product and the intended purpose of the Client, sparing Client’s interests. The Service Provider should endeavor to make corrections or exchanges within a maximum of fifteen days.

 

8.1.3. The costs related to the performance of the warranty obligation is at the expense of the Service Provider.

8.1.4. The Service Provider’s warranty obligation shall be exempted only if it is proven that the cause of the damage occurred after the delivery.

8.1.5. However, the Client does not have the right to simultaneously enforce supplies warranty and warranty claims, product warranty and warranty claims for the same defect. Irrespective of these limitations, the Client has the rights arising from the warranty, regardless of the entitlements specified in points 9.1 and 9.2.

8.1.6. The warranty does not affect the enforcement of the Client’s legal rights, in particular the right of supplies warranty, product liability and of compensation.

8.1.7. If there is a dispute between the parties that can not be settled peacefully, the Client may initiate a conciliatory corporate proceeding in accordance with section 11.2.

8.2. Exceptions to the right of withdrawal and the replacement are individually prepared products, so if the product is made according to the Customer’s request, either by e-mail or by ordering in the webshop, the product can not be returned or the purchase withdrawn. This exception applies only to products that are individually prepared, labeled or patterned. If the product does not have a label or other pattern, the normal withdrawal right is 30 days.

  1. Responsibility

 

9.1. The information on the Website is applied in good faith, but is provided for informational purposes only. The Service Provider is not responsible for the accuracy and completeness of the information.

9.2. Client may use the Website solely at his/her own risk and accept that the Service Provider is not liable for any material or non-material damages arising out of the use, in addition to liability for intentionally, grossly negligent or criminal offenses, and for any breach of contract for life or physical integrity.

9.3. The Service Provider excludes any responsibility for the conduct of the users of the Website. The Client is fully and exclusively responsible for his / her own conduct, the Service Provider in such a case fully cooperates with the competent authorities for the purpose of detecting infringements.

9.4. The pages of the service may contain interfaces (links) that lead to the pages of other providers. The Service Provider shall not be responsible for the data protection practices and other activities of these providers.

9.5. The Service Provider is entitled but not required to inspect the content that may be made available by Clients during the use of the Website, and also is entitled but not required to search for signs of continuing illegal activity in published content.

9.6. Because of the global nature of the Internet, the Client agrees that the Website will be used in accordance with the provisions of the relevant national legislation. If any activity related to the use of the Website is not permitted under the law of the Client’s state, the Client shall be solely responsible for the use.

9.7. If the Client detects any content that is objectionable on the Website, he/she shall promptly report it to the Service Provider. If the Service Provider during the procedure in good faith finds the signal plausible, it is entitled to cancel or modify the information without delay.

  1. Copyrights

 

10.1. The Website is copyrighted. The Service Provider is the copyright holder or its authorized user of all content displayed on the Website and in the provision of services available through the Website: any copyright or other intellectual property (including, but not limited to, all graphics and other materials, layout, editing, software and other solutions, ideas, implementation).

10.2. Saving or printing of the contents and parts of the Website on physical or other media or for printing for private use is only permitted in case of the prior written consent of the Service Provider. Use beyond the private use, such as storing in a database, transferring, publishing or making it available for downloading, commercialization, is only possible with the prior written permission of the Service Provider.

10.3. In addition to the rights expressly set forth in the GTC, neither the registration, the use of the Website nor any provision of the GTC shall entitle the Client to any kind of use of any trade name or trademark on the Website. Apart from the proper use of the Website as well as the temporary duplication and private copying required for this purpose, these intellectual works may not be used or utilized in any other form without the prior written permission of the Service Provider.

  1. Law Enforcement Options

 

11.1. Complaint Management

 

Client may submit customer complaints about the product or the Service Provider’s activities via the following contact information:

Customer Support (Customer Service)
Address: 27. Árpád u. Kiskunmajsa 6120

  • Call Centre opening hours: Business days 9.30-15.00
  • Phone: +36 (30) 1812491
  • E-mail: enragethebeast@gmail.com

Client’s can submit a consumer complaint in case of a product or activity through the contact information under 11.1.

The Service Provider will immediately investigate and, if necessary, rectify the oral complaint (business) if the nature of the complaint permits so. If the Client disagrees with the handling of the complaint or the immediate investigation of the complaint is not possible, the Service Provider shall immediately record the complaint and its position and issue a copy to the Client. In case of an oral complaint by telephone the Service Provider shall send a copy of the complaint to the Client latest at the same time as the substantive reply specified in the Written Complaint Section, and shall continue to act in accordance with the written complaint.

The verbal complaint filed on the phone is recorded by the Service Provider to the previous order identification number, which helps to make the complaint retrievable.

Within thirty days of the receipt of the written complaint, the Service Provider is obliged to examine and merit substantively and to arrange for the response to reach the Client. If the complaint is refused by the Service Provider, it must give its reasons in the substantive reply to the rejection.

The Service Provider shall keep the record of the complaint and the copy of the reply for a period of five years.

The Service Provider receives the objections raised by the Client in accordance with section 11.1. on weekdays from 9.30 to 15.00.

 

11.2. Other enforcement options

 

If Client dispute is not settled between the Service Provider and the Client during negotiations with the Service Provider, the following options are open to the enforcement of the Client:

  • Complaining at consumer protection authorities. If Client discovers violations of Client’s rights, he/she may file a complaint with the competent consumer protection authority. After the complaint is considered, the authority decides on the conduct of the consumer protection procedure.
  • Conciliation panel. For the purpose of court-related and peaceful settlement of consumer disputes concerning the quality, safety and compliance of product liability rules and the conclusion and performance of a contract, the Client may initiate a procedure at a conciliation panel operating at the competent protectional body. For the purposes of the Conciliation Panel Rules, a consumer is a non-governmental organization, a church, a condominium, an apartment cooperative, a micro, small and medium-sized enterprise, who purchases, orders, receives, uses, uses, or commercial communication,

– Legal proceedings. The Client is entitled to enforce his claim arising from a consumer dispute in court in the context of a civil procedure in accordance with the Civil Code of 1959 IV. as well as the provisions of the Act on the Code of Civil Procedure of 2013 V.

 

  1. Other provisions

12.1. The ENRAGE webshop is a secured system, but we strongly advise you to take the following precautions: use virus and spyware protection software with a fresh database, install security updates for your operating system. Purchase on the Website supposes that the Client knows the technical and technological limitations of the Internet and to accept the error conditions associated with the technology.

12.2. The Service Provider in it’s shops and online stores only serves orders for quantities used in households.

12.3. The Service Provider is entitled to amend the terms of this GTC at any time unilaterally. The Service Provider will inform the users of the modifications prior to their entry into force by e-mail. Once the changes take effect, registered users must explicitly accept the page when signing in to the page.

 

Kiskunmajsa, 08.10.2016.

 

In case of any questions, we’re happy to answer!

 

Sales:

 

Novák István
email: enragethebeast@gmail.com
mobil: +36 70 6002748
Correspondance: 27. Árpád street, Kiskunmajsa, 6120