Definitions 

Seller: Orsolya Varró e.v. (registered office: 1163 Budapest, Gordonka utca 47. 2. ajtó., tax number: 59445173-1-42

The Seller is a small taxpayer under Act XIII of 2022 on the flat-rate tax for small businesses, and therefore may not acquire income from a payer (hereinafter: Payer) under Act CL of 2017 on the rules of taxation (Art.). Accordingly, the Seller shall only enter into a Contract with a private individual and shall not enter into a Contract with a Payer.

Parties: Seller and Buyer jointly

Consumer: a natural person acting outside the scope of their profession, independent occupation, or business activity (pursuant to Section 8:1 (1) point 3 of Act V of 2013 on the Civil Code ("Civil Code"))

Consumer contract: a contract where one party qualifies as a consumer

Website: the http://www.hooplasewing.com website, which is considered a means of communication between distant parties

Contract: a sales contract concluded between the Seller and the Buyer using the Website (or the webshop on the Website) and electronic mail

Means of communication between distant parties: a tool capable of making a contractual statement in the absence of the parties – for the purpose of concluding a contract. Such tools include, in particular, addressed or unaddressed printed matter, standard letters, advertisements published in print media with an order form, catalogues, telephone, fax, and internet access devices.

Distance contract: a consumer contract concluded without the simultaneous physical presence of the parties within the framework of a distance selling system organized for the provision of the product or service according to the contract, where the contracting parties use exclusively means of communication between distant parties for the conclusion of the contract.

Product: any movable, marketable item that can be possessed, offered for sale and marketed on the Website (or the webshop on the Website), which is the subject of the Contract.

Enterprise: a person acting within the scope of their profession, independent occupation, or business activity

Buyer/You: a private individual concluding a contract by making a purchase offer through the Website. A Payer according to the Art. cannot be a Buyer. By accepting the GTC, the Buyer declares that they are a private individual, do not qualify as a Payer according to the Art., and conclude the Contract as a private individual.

Relevant legislation

The Contract is subject, in particular, to the following legislation:

1. Act CLV of 1997 on consumer protection;
2. Act CVIII of 2001 on certain issues of electronic commerce services and information society services;
3. Act V of 2013 on the Civil Code ("Civil Code");

Government Decree 151/2003 (IX. 22.) on mandatory warranty for certain durable consumer goods;

Government Decree 45/2014 (II.26) on the detailed rules of contracts between consumers and businesses;

NGM Decree 19/2014. (IV. 29.) on the procedural rules for handling warranty and guarantee claims for items sold under a contract between a consumer and a business

2022. Act XIII of 2022 on the flat-rate tax for small businesses

 

Scope, acceptance, and modification of the GTC

The content of the contract concluded between the Parties - in addition to the provisions of the relevant mandatory legal regulations - is determined by these General Terms and Conditions (hereinafter: GTC), as well as other information found on the website. Accordingly, these GTC contain the rights and obligations of the Buyer/You and the Seller, the conditions for the conclusion of the contract, the deadlines for performance, the delivery and payment conditions, the rules of liability, and the conditions for exercising the right of withdrawal.

Please read the provisions of these GTC before finalizing your order. By purchasing through our webshop, you accept the provisions of these GTC, and the GTC form an integral part of the contract concluded between the Buyer and the Seller. The Seller is entitled to change the provisions of these GTC within the framework of the relevant legal regulations. Please read the provisions of the GTC before each purchase! Any modification of the GTC is valid from its publication on the website. Any changes do not affect contracts already concluded (confirmed orders).

We kindly draw your attention to the fact that the Seller is a small taxpayer under Act XIII of 2022 on the flat-rate tax for small businesses, and therefore may not acquire income from a payer (hereinafter: Payer) under Act CL of 2017 on the rules of taxation (Art.). Accordingly, only private individuals may purchase on the Website, meaning that the Seller shall only enter into a Contract with a private individual and shall not enter into a Contract with a Payer. By accepting the GTC, the Buyer declares that they are a private individual, do not qualify as a Payer according to the Art., and conclude the Contract as a private individual.

Language of the contract, form of the contract

The language of contracts falling under the scope of these GTC is Hungarian.

Contracts falling under the scope of these GTC are not considered written contracts and are not filed by the Seller.

 

Prices

Prices are given in Hungarian Forints. The Seller is exempt from VAT, so prices do not include VAT. Prices are indicative, and the Seller reserves the right to change prices.

Our prices are the list prices valid at the time of order, which can be found next to the products in the webshop. Prices do not include delivery costs. Delivery costs can be found during the checkout process before finalizing the order, as well as in the Frequently Asked Questions (FAQ) section. If there is an error or omission in the products or prices on the webshop, we reserve the right to correct it. In such a case, after recognizing or modifying the error, we will immediately inform the buyer of the new data. The buyer can then reconfirm the order, or either party may withdraw from the contract.

After placing an order, the Buyer has the option to withdraw from the contract within 14 days of the order. To do this, they must log into their user account, where they will find a "Withdraw from contract" button next to their order. Through this, they can specify which product order they wish to cancel. The right of withdrawal can be exercised until the order has been dispatched, i.e., fulfilled. In this case, you can modify your order by returning it. The right of withdrawal does not apply to custom-made products.

Complaint handling and legal remedies

Consumers may submit their consumer complaints regarding the product or the Seller's activities at the following contact details:

Phone: 06 70 9333 973

Website: http://www.hooplasewing.com

E-mail: hello@hooplasewing.com

The consumer may verbally or in writing communicate their complaint to the business, which concerns the conduct, activity, or omission of the business, or a person acting on behalf of or for the benefit of the business, directly related to the distribution or sale of goods to consumers.

The business is obliged to investigate verbal complaints immediately and remedy them if necessary. If the consumer does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the business must immediately draw up a report on the complaint and its position regarding it, and in the case of a verbal complaint communicated in person, hand over a copy of it to the consumer on the spot. In the case of a verbal complaint communicated by telephone or other electronic communication service, it must be sent to the consumer no later than 30 days - in accordance with the provisions regarding the response to written complaints - simultaneously with the substantive response. Otherwise, it must proceed as follows with regard to written complaints. The business is obliged to provide a substantive written response to a written complaint - unless a directly applicable legal act of the European Union provides otherwise - within thirty days of its receipt and to arrange for its communication. A shorter deadline may be set by law, a longer deadline by an act. The business must justify its position rejecting the complaint. The business must assign a unique identification number to verbal complaints communicated by telephone or using an electronic communication service.

The report on the complaint must contain the following:

1. name and address of the consumer,
2. place, time, and manner of lodging the complaint,
3. a detailed description of the consumer's complaint, a list of documents, and other evidence presented by the consumer,
4. the business's statement on its position regarding the consumer's complaint, if immediate investigation of the complaint is possible,
5. the signature of the person drawing up the report and – except for verbal complaints communicated by telephone or other electronic communication service – the consumer's signature,
6. place and time of drawing up the report,
7. in the case of a verbal complaint communicated by telephone or other electronic communication service, the unique identification number of the complaint.

The business must keep the report on the complaint and a copy of the response for five years and present it to the supervisory authorities upon request.

In case of rejection of the complaint, the business is obliged to inform the consumer in writing about which authority or conciliation body's procedure they may initiate, depending on the nature of their complaint. The information must also include the address, telephone and internet contact details, and mailing address of the competent authority or the conciliation body according to the consumer's place of residence or stay. The information must also cover whether the business will use the conciliation body procedure to settle the consumer dispute.

If a consumer dispute arising between the Seller and the consumer is not settled during negotiations, the following legal remedies are available to the consumer:

 

Filing a complaint with consumer protection authorities. If the consumer identifies an infringement of their consumer rights, they are entitled to file a complaint with the consumer protection authority competent according to their place of residence. After assessing the complaint, the authority decides on conducting the consumer protection procedure. The first-instance consumer protection tasks are carried out by the district offices competent according to the consumer's place of residence; a list of these can be found here: http://jarasinfo.gov.hu/

 

Court proceedings. The customer is entitled to enforce their claim arising from the consumer dispute before a court within the framework of civil proceedings according to the provisions of Act V of 2013 on the Civil Code and Act CXXX of 2016 on the Code of Civil Procedure.

We inform you that you can file a consumer complaint against us. If your consumer complaint is rejected, you are entitled to turn to the Conciliation Body competent according to your place of residence or stay: the prerequisite for initiating the procedure of the conciliation body is that the consumer directly attempts to settle the disputed matter with the concerned business. The procedure shall be conducted – based on the consumer's request – by the conciliation body designated by the consumer in their request instead of the competent body.

The business has an obligation to cooperate in the conciliation body procedure. Within this framework, businesses have an obligation to send a written response upon the request of the conciliation body, and also an obligation to appear before the conciliation body ("ensure the participation of a person authorized to facilitate an agreement at the hearing").

If the registered office or branch of the business is not registered in the county of the chamber operating the territorially competent conciliation body, the business's obligation to cooperate extends to offering the possibility of a written agreement that meets the consumer's request.

In case of violation of the above cooperation obligation, the consumer protection authority has jurisdiction, based on which, as a result of legislative changes, mandatory fines are applicable in case of unlawful conduct by businesses, and there is no possibility of waiving the fine. In addition to the Consumer Protection Act, the relevant provision of the Act on Small and Medium-sized Enterprises has also been amended, so even in the case of small and medium-sized enterprises, the imposition of a fine cannot be omitted.

The amount of the fine for small and medium-sized enterprises can range from HUF 15,000 to HUF 500,000, while for non-small and medium-sized enterprises falling under the scope of the Accounting Act and having an annual net turnover exceeding HUF 100 million, it can range from HUF 15,000 up to 5% of the company's annual net turnover, but not more than HUF 500 million. By introducing the mandatory fine, the legislator aims to emphasize cooperation with conciliation bodies and ensure the active participation of businesses in conciliation body procedures.

The conciliation body is competent to settle consumer disputes outside court proceedings. The task of the conciliation body is to attempt to reach an agreement between the parties to settle the consumer dispute, and if unsuccessful, to make a decision in the matter to ensure simple, fast, efficient, and cost-effective enforcement of consumer rights. The conciliation body provides advice on consumer rights and obligations at the request of the consumer or the business.

The conciliation body procedure starts at the request of the consumer. The request must be submitted in writing to the president of the conciliation body: the requirement of writing can also be met by letter, telegram, telex, or fax, or by any other means that allows the addressee to store the data addressed to them permanently for a period appropriate to the purpose of the data, and to display the stored data in an unaltered form and content. The request must contain:

1. the name and address or place of stay of the consumer,
2. the name and registered office or affected branch of the business involved in the consumer dispute,
3. if the consumer requests the jurisdiction of a requested body instead of the competent conciliation body,
4. a brief description of the consumer's position, the facts supporting it, and their evidence,
5. the consumer's statement that the consumer has directly attempted to settle the disputed matter with the concerned business,
6. the consumer's statement that no other conciliation body procedure has been initiated in the matter, no mediation procedure has started, no statement of claim has been filed, or no request for the issuance of a payment order has been submitted,
7. a proposal for the body's decision,
8. the consumer's signature.

The request must be accompanied by the document, or a copy (extract) thereof, on which the consumer relies as evidence, especially the business's written statement rejecting the complaint, or in the absence thereof, any other written evidence available to the consumer regarding the attempted consultation.

If the consumer acts through an authorized representative, the authorization must be attached to the request.

More information about Conciliation Bodies is available here: http://www.bekeltetes.hu or https://www.fogyasztovedelem.kormany.hu/

More information about territorially competent Conciliation Bodies is available here: http://www.bekeltetes.hu/index.php?id=testuletek

 

Online dispute resolution platform

The European Commission has created a website where consumers can register, thus enabling them to resolve their online shopping-related disputes by filling out an application, avoiding court proceedings. This way, consumers can assert their rights without, for example, distance preventing them from doing so.

If you wish to file a complaint about a product or service purchased online, and you do not necessarily want to go to court, you can use the online dispute resolution tool.

On the portal, you and the merchant you have complained against can jointly choose the dispute resolution body you wish to entrust with handling the complaint.

The online dispute resolution platform is available here: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=HU

 

Copyrights

Pursuant to Act XCIII of 2016 on the collective management of copyright and rights related to copyright, the website qualifies as a copyrighted work, and thus all its parts are protected by copyright. Any material from the website and its database may be taken over, even with the written consent of the rights holder, only with reference to the website and indicating the source.

 

Partial invalidity, code of conduct

If any point of the GTC is legally incomplete or ineffective, the other points of the contract shall remain valid, and the applicable provisions shall apply instead of the ineffective or flawed part.

The Seller does not have a code of conduct as defined by the Act on the prohibition of unfair commercial practices against consumers.

 

Information on essential product properties

Information on the essential characteristics of the products available for purchase on the website is provided in the descriptions for each product. The data on the product pages are for informational purposes only! Images are sometimes illustrative, and colours do not always match reality!

 

Correction of data entry errors – Responsibility for the authenticity of the provided data

During the ordering process, before finalising your order, you have the continuous opportunity to modify the data you have entered (by clicking the back button in the browser, the previous page will open, allowing you to correct the entered data even if you have already moved to the next page). Please note that it is your responsibility to ensure that the data you provide is entered accurately, as the product will be invoiced and delivered based on the data you provide. By placing an order, you acknowledge that the Seller is entitled to pass on to you all damages and costs resulting from your incorrect data entry or inaccurately provided data. The Seller excludes liability for performance based on inaccurate data entry. Please note that an incorrectly provided email address or a full mailbox associated with the email address may result in the non-delivery of the confirmation and may prevent the contract from being concluded!

 

Procedure in case of incorrect price

It may happen that – due to a technical error, for example – an incorrect price is displayed on the website. In the event of an incorrect price, we are unable to accept the order (your offer) at the incorrect price, and we are not obliged to sell the product at the incorrect price. If an offer is made at an incorrect price, no contract is concluded between the Parties. If you make an offer at an incorrect price, the system will automatically confirm it, but this does not constitute acceptance of the offer by the Seller. In the event of an offer (order) made by you at an incorrect price, the Seller will inform you of the correct price and may offer to conclude a contract at the correct price. You are not obliged to make an offer or conclude a contract at the correct price communicated by the Seller instead of the incorrect price. In this case, no contract is concluded between the Parties.

 

Website usage

The Buyer can select the desired product family by clicking on the product categories on the website, and within that, the individual Products. By clicking on each Product, you can find the product photo, name, description, and price. In case of purchase, you must pay the price displayed on the website as consideration for the Product. The Products are indicated with an illustrated photograph. Accessories and decorative elements shown in the photographs are not part of the product, unless specifically highlighted in the product description. The Seller is not liable for any typographical errors or incorrect data.

The Buyer has the option to choose and order from the products in the webshop. By clicking on the selected product, the Buyer can view its detailed description. If the Buyer wishes to purchase, they can place the desired product in a virtual basket by pressing the "Add to Cart" button.

By clicking the "Cart" button, you will find the products placed in the cart during the purchase, as well as the subtotal of the products you wish to purchase, excluding shipping costs. Here you can check the correctness of your order, especially the prices and quantities, which you can modify or correct as needed. The content of the cart can be modified by clicking the "Update Cart" button. By clicking the "Proceed to checkout" button, you will need to enter your details or log in to your account on the next page.

The Buyer can also make purchases in the webshop without registration, so there are three options to choose from:

• wishes to log in as an already registered customer
• wishes to register as a new customer
• wishes to make a purchase without registration

If you have previously purchased from our store, please enter your email address and password provided during your previous registration. If you wish to register as a new customer, please provide the necessary details for the purchase, which the system will store, and you will only need to log in for your next purchase. For purchases without registration, please provide your billing and shipping address, as well as your email address.

If the Buyer has a coupon code, they can redeem it on this page.

After entering the data, by clicking on the "Proceed to shipping methods" button, on the next page you can select the most suitable shipping method:

• Personal pickup:
  • Personal pickup (free): -temporarily unavailable. Prior appointment is required for personal pickup. The buyer will be informed via their registered email address once the ordered products are available for pickup at the current location for personal pickup.
• Foxpost parcel machine: HUF 1490 (free for orders over HUF 32,000)
• FOXPOST is a new, simple parcel collection option available in numerous locations. You can find a list of available machines here: https://foxpost.hu/csomagautomatak 
• With FOXPOST parcel machines, you can pick up online ordered products easily, time-efficiently, and conveniently, combining your daily shopping with parcel collection. All this wherever it suits you!
• And what's even better: you not only save time but also protect the environment because the courier doesn't have to deliver to your home.
• More information: http://www.foxpost.hu/csomagatvetel-hogyan/
• Foxpost home delivery: HUF 1990 (free for orders over HUF 32,000)
• Hungarian Post parcel machine: HUF 990 (shipping time is 7-10 business days for shipping with Hungarian Post)
• Hungarian Post home delivery: HUF 1990 (shipping time is 7-10 business days for shipping with Hungarian Post)

Our shipping fees are uniform throughout the country. 

After selecting the shipping method, you have the opportunity to re-check and modify the previously entered data. After selecting the shipping method, by clicking the "Proceed to payment methods" button, you can choose the desired payment method and billing address. After selecting these, by clicking the "Order summary" button, you can review the details of your purchase once more.

If you deem the quantity of products in the cart appropriate, have checked the total amount, and decide you wish to purchase them, simply click the "Submit order" button. You can finalize your purchase by clicking the "Submit order" button.

By submitting the order, the Buyer expressly acknowledges that their offer must be considered made, and their statement – in case of confirmation by the Seller according to these GTC – entails a payment obligation.

 

Payment methods:

• Online bank card payment via SimplePay system

• Bank transfer

You can also settle the value of the products via bank transfer.

(when you place your order, we will notify you by email that your order is in "pending status"; as soon as the transferred amount arrives in our bank account, we will activate your order and provide all necessary further information by email)

Data required for bank transfer:

beneficiary name: Varró Orsolya

beneficiary bank: OTP Bank

beneficiary account number: 11773195-07217630-00000000

for international transfer IBAN: HU92117132182145633400000000

tax number: 59445173-1-42

Payment by bank transfer is free of charge.

 

Delivery deadline

By clicking the "Submit order" button, the offer is automatically accepted and the contract is concluded. If bank transfer is selected as the payment method, the total amount must be transferred within 72 hours.

Order processing begins after payment is received. The seller has 10 business days to assemble the package and dispatch it according to the selected shipping method. Package delivery and arrival are not included in these 10 business days. By accepting these general terms and conditions, the Buyer acknowledges and accepts that the Seller explicitly excludes its liability for damages due to exceeding the specified delivery time.

 

Confirmation

The Seller sends an email confirmation for every order. This means that after placing the order, the Buyer receives an automatic email about the receipt of the order and (later) one about the expected delivery date.

 

Retention of title

The delivered Product remains the property of the Seller until full payment of the purchase price. The Product can be collected or delivered only after the full purchase price and shipping costs have been paid and credited to the Seller's bank account.

 

Modification, cancellation of order

Within 24 hours of placing the order, the Seller provides the Buyer with the opportunity to withdraw or modify their order electronically. Individual orders (i.e., orders for products not found in the webshop's offer) cannot be withdrawn or modified. An order cannot be withdrawn or modified if the delivery of the Product has already begun at the time of receipt of the withdrawal or modification. Subsequent modification of an order can only take place in writing, via email. All costs associated with the modification or withdrawal of the order shall be borne by the Buyer.

 

Exercising the right of withdrawal

If the Buyer qualifies as a Consumer (Consumer Buyer) according to Section 8:1 (1) point 3 of the Hungarian Civil Code, they have the right, based on Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses (Government Decree), to withdraw from the Contract for the purchase of the Product on the website (as a distance contract) within 14 (fourteen) days from its conclusion, without giving any reason. The Consumer Buyer may also exercise their right of withdrawal in the period between the conclusion of the Contract and the receipt of the product.

Based on the Government Decree, there is no possibility of withdrawal without giving a reason for products that, due to their nature, cannot be returned for hygiene or health reasons, and there is also no possibility of withdrawal without giving a reason if the packaging has already been opened by the consumer. Accordingly, especially, but not exclusively, for Menstrual underwear and sanitary pad products, withdrawal without giving a reason cannot be exercised for hygiene reasons.

Furthermore, there is no right of withdrawal without giving a reason for Ordered Products which, due to their nature, become inseparably mixed with other products after delivery. The Consumer Buyer also does not have the right of withdrawal without giving a reason in the case of individual orders for pre-manufactured products not offered in the webshop, the production of which the Seller begins after the Consumer Buyer's order has been placed.

If the Consumer Buyer withdraws from the Contract in accordance with the above, they must re-pack and return the Product in an undamaged and complete condition to the address provided by the Seller.

The Consumer Buyer may exercise their right of withdrawal in writing, in the form of a declaration of withdrawal. The cost of returning the Product to the Seller (including, in particular, postage fees) shall be borne by the Consumer Buyer.

 

Warranty for defects

In the event of defective performance by the Seller, the Buyer may assert a warranty claim for defects in accordance with the provisions of the Hungarian Civil Code.

When asserting a warranty claim, the Buyer must prove the conclusion of the Contract. The conclusion of the Contract shall be deemed proven if the Buyer presents a document proving the payment of the consideration.

The Buyer is obliged to communicate any defects in the purchased Products to the Seller without delay after discovering the defects. In the case of a Consumer Buyer, a defect communicated within two months of its discovery shall be considered communicated without delay.

In the case of a Consumer Buyer, within six (6) months from the delivery of the Product to the Consumer Buyer, there are no other conditions for asserting a warranty claim for defects beyond communicating the defect, provided that the Buyer proves that they purchased the Product from the Seller. An exception is if the assumption that the defect identified by the Consumer Buyer already existed at the time of performance is incompatible with the nature of the Product concerned or the nature of the defect. If the Buyer does not qualify as a Consumer, the Buyer must prove that the defect affecting the Product already existed at the time of performance, i.e., at the time of delivery to the Buyer.

The Buyer can no longer assert warranty rights for defects against the Seller after a limitation period of one (1) year from the performance of the Contract. The Consumer Buyer can assert warranty rights for defects against the Seller within a limitation period of two (2) years from the performance of the Contract.

The Buyer may – at their discretion – exercise the warranty rights for defects specified in the Hungarian Civil Code. They may request the repair or replacement of the purchased Product, unless fulfilling the demand chosen by the Buyer is impossible or would involve disproportionate additional costs for the Seller compared to fulfilling another warranty claim chosen by the Buyer. If the Buyer does not request or cannot request repair or replacement, they may demand a proportional reduction of the consideration, or the Buyer may repair the defect of the Product themselves at the Seller's expense, or have it repaired by someone else, and in the final instance, may withdraw from the contract. The Buyer may switch from one chosen warranty right to another, but the costs of switching shall be borne by the Buyer, unless the Seller gave a reason for it, or the switch was otherwise justified.

 

Product warranty

As a product warranty claim, the Consumer Buyer may exclusively request the repair or replacement of the defective Product from the Seller. The Ordered Product is defective if it does not meet the quality requirements valid at the time of placing it on the market, or if it does not possess the characteristics described by the manufacturer. The Consumer Buyer bears the burden of proving the defect of the Product.

After discovering the defect, the Consumer Buyer must notify the Seller of the defect without delay. A defect communicated within two (2) months of its discovery shall be considered communicated without delay. The Buyer is responsible for any damage resulting from delayed notification. The Buyer may assert their product warranty claim within 2 (two) years from the Product's placement on the market by the Seller, which deadline is a forfeiture period.

The Seller is exempt from its product warranty obligations if it proves that:

1. it did not manufacture or place the Ordered Product on the market within the scope of its business activities, or
2. the defect was not discoverable at the time of placing it on the market according to the state of science and technology, or
3. the defect of the Product results from the application of a legal regulation or mandatory official regulation.

A Buyer who does not qualify as a consumer according to Section 8:1 (1) point 3 of the Hungarian Civil Code cannot assert a product warranty claim against the Seller. Furthermore, the Consumer Buyer cannot assert both a warranty claim for defects and a product warranty claim simultaneously for the same defect. However, in the event of a successful assertion of a product warranty claim, the Buyer may assert a warranty claim for defects regarding the replaced or repaired Product against the Seller (as the manufacturer of the Product).