General Terms and Conditions
Operator’s name: Pécs Organ Manufactoring Ltd., hereinafter: POM Ltd.
Operator’s registered office: H-7630 Pécs, Iparsziget u. 3.
Operator’s contact, regularly used electronic mailing address for keeping contact with users: firstname.lastname@example.org
Tel.: +36 72 239-603, Fax: +36 72 242-218
Company Reg. No.: 02-09-062663
VAT number: 11013415-2-02, International VAT number: HU11013415
Pécs Organ Manufactory Ltd. sells the products distributed by „Organparts” webshop operated by the Company by electronic means, through Internet on the following website: www.organparts.info. Pécs Organ Manufacturing Ltd. declares that the Company is registered in Hungary, disposes the authorizations and conditions required by laws and regulations necessary for electronic trading and connected package distribution.
Buyer could be anyone, who accepts these Terms and Conditions and acknowledges as binding for Himself/Herself.
Availability: The Webshop is available all days of the week 0-24, except the periods of maintenance, performing updating tasks or eventual shutdown. Customer Service can be called from Monday to Friday between 07:00-15:00, not accessible on Saturdays and Sundays. Package shipment is only performed on working days.
Products can be purchased exclusively online, POM Ltd. does not maintain any shop.
Contracting Parties, Agreement
By ordering in the webshopan agreement is executed with the Terms and Conditions specified in this agreement between Pécs Organ Manufacturing Ltd. as Seller (hereinafter Seller) and the person submitting the order as Buyer (hereinafter Buyer).
By confirming the order, Buyer accepts the content of this agreement and acknowledges as binding for Himself/Herself.
Seller indicates the characteristics and prices of the products on product data sheets. The pictures indicated on product data sheets could differ from reality, at some cases these serve as illustrations.
The price is in EUR, it is a net price, i.e. it does not contain Sales Tax and VAT.
The product prices indicated on the website do not contain packaging and shipment costs and eventual insurance. The price of these services will be indicated by Seller at confirmation of the order as separate items.
The prices indicated on the website shall not be considered as definite prices. The prices become definite when Seller confirms to Buyer by mail in an individual, personalized confirmation.
In case of eventual faulty indication or clerical error of any price, Seller is entitled to correct the amount. If any product or its price would be erroneously indicated because of clerical error or false information, Seller informs the potential customer in his offer or by special e-mail message.
In case Buyer would like to purchase a product not available in web catalogue, Seller undertakes to manufacture this product, based on a specific offer.
Should the value of the order not reach EUR 40, a single handling fee of EUR 7 will be debited.
If special offer would be introduced, Seller provides overall information to customers on the duration of the special offer on the homepage of the webshop.
For ordering from the webshop preliminary registration is required. During registration, by filling the data sheet Buyer provides data necessary for shipment and invoicing. Seller will fulfil the order based on these data and issues the invoice according to these data. Buyer is obliged to truly provide his/her data. Buyer is responsible for any damage arising from the providing of faulty or untrue data. Seller is entitled to cancel any evidently untrue or faulty registration, or in case of doubt is entitled to check the accuracy of the data.
Buyer can modify the registration data at any time in the registration section. Delivery address can be modified only until the processing of the actual order.
By collecting the requested products into the basket, Buyer sends the request for purchase to Seller. By confirming the order, Buyer confirms that he/she learned these Terms and Conditions and acknowledges as binding for himself/herself.
Seller sends a confirmation individually by e-mail on the receipt of the order within 2 working days.(Seller-Buyer legal relationship is established at the confirmation of the order.) Seller in his response sends the definite price of the ordered products and the proforma invoice containing the individual packaging and shipment costs tailored to the order and the deadline for delivery, eventually the customs fee.
In case the shipment cost indicated in the proforma invoice is not acceptable for Buyer, Buyer can withdraw the order within 3 working days from the receipt of the proforma invoice. The payment of the definite amount indicated on the proforma invoice automatically means the acceptance of shipment costs.
During the processing of the order Seller can contact Buyer by phone or e-mail in order to agree on fulfilment conditions.
As the processing of the order is completed, Seller notifies Buyer by e-mail on the shipment deadline of the ordered products. Seller gives the delivery date to Buyer by specifying the week of shipment. If the given product is not in stock, fulfilment depends on the purchase or manufacturing period of the product.
Methods of shipment:
Buyer undertakes to take care for the takeover of the product.
Buyer is obliged to check the shipment item by item at delivery and to acknowledge the complete fulfilment by signing the delivery note, then return one copy of the delivery note (by post, e-mail or fax). Within 14 days from the receipt of the product Seller is obliged to accept Buyer’s claim regarding any defect.
If the package was damaged during shipment, Buyer is obliged to make a record written by the employee of the parcel company and to send back the shipment. Failing to do so, the consequences are charged to Buyer.
Reservation of ownership
The ownership of the goods is transferred to Buyer when the total purchase price is paid.
If the goods have to be returned because of any failure on Seller’s/Carrier’s side, in every case it is necessary to casually and previously agree with Seller on the conditions of return. The goods shall be returned only after the agreement is executed on customer’s cost. Seller will not take over products that were sent to his address by cash on delivery. Also, Seller will not take over any returned product sent to his address without previous agreement, irrespective of the reason of return.
Seller is only obliged to receive the product, when Buyer returns it in the original package, without damage, in equal number of parts. If Buyer already used the product and therefore cannot return it to Seller in whole package, without damage, then Seller is not obliged to receive the product and reimburse product price. In such case Seller will make the product reshipped to Buyer on Buyer’s cost.
The price of the product is paid as follows:
If Buyer transfers the purchase price of the ordered products before the order is confirmed or proforma invoice is sent, or transfers improperly to Seller’s bank account, then in case of eventual withdrawal from purchase or improper transfer, reimbursement of the amount is possible only if the transfer fee specified in Seller’s account manager bank’s actual announcement is paid.
Following delivery of the goods, Buyer shall send a detailed notification within 14 days in writing on any quantity or quality claims discovered at the receipt of the goods. After this deadline no complaint can be submitted concerning quantity or shipment damages.
For used products we provide no guarantee beyond the general warranty.
The repair in the frame of warranty is to be performed on Seller’s site. For the purpose of repair Buyer is obliged to care for the shipment of goods to Seller’s site. If the failure is within the scope of warranty, the reshipment costs of repaired product to Buyer shall be paid by Seller. If Buyer resales the product, obligation of warranty remains valid between Seller and Buyer. If shipment costs of the defective product to Seller’s site would be unreasonably high, Buyer can request for an offer for on-site repair. In this case the costs of travelling to site, local transportation, accommodation, supply will be charged to Buyer, even if the defect is repaired in the frame of warranty. Seller reserves the right to judge the possibility of on-site field work and to reject the request for this job without any reason.
If the delivered goods would be incomplete or fails within the warranty period, Buyer can request for the repair or replacement within a reasonable deadline. The inefficient use or modification of the delivered goods in every case results in the loosing of warranty. Buyer shall follow the instructions on the installation and use of the goods, and in case of doubt, shall request advice and help from Seller. Any demand exceeding repair or replacement - especially regarding price reduction or other compensation - can only be enforced against Seller if a previous written agreement was executed with Seller.
Liability claims for damages are also limited to direct damages, and to the extent that Buyer is able to prove the serious negligence or wilfulness against Seller.
Liability for defects
In case of Seller’s non-conforming performance Buyer can exercise claim for liability for defects against the company according to the rules of Act 5 of 2013 on the Civil Code.
Buyer can choose among the following claims for liability for defects:
Buyer can request repair or replacement, except when the performance of the claim selected by Buyer is impossible, or compared to the performance of another claim would mean unreasonable extra cost for Seller.
Buyer can also change the selected right for liability for defects to another, but the costs of change-over will be born by Buyer, except when it was justified or Seller gave reason.
Buyer is obliged to notify the failure immediately after detection, but not later than within two (2) months after the failure was detected. After the term of limitation of two years from the performance of the agreement Buyer cannot validate his/her right of liability for defects. In case of used goods this deadline is six months but a max. of one year.
Buyer can exercise the claims of liability for defects directly against Seller.
Within six months from the performance, beside the communication of the failure, there is no other condition to exercise the claim for liability, if Buyer verifies that the product was bought from Seller. Meanwhile, after six month from the performance Buyer is obliged to prove that the defect detected by Buyer had already been existed at the time of performance.
In case of defect of movables (products) Buyer, according to His/Her decision, can exercise a claim of liability for defects or a product liability.
As a claim for product liability, Buyer can only request the repair or replacement of the defective product.
The product is considered to be defective if it does not meet the quality requirements valid at the date of release or if it does not dispose of the characteristics determined in the specification provided by the manufacturer.
Buyer can exercise his/her product liability claim within two years after the product was placed on the market by the manufacturer. After this deadline Buyer loses the right to do so.
Buyer can exercise his/her product liability claim exclusively against the manufacturer or distributor of the moveable goods. In case of exercising product liability claim the defect of the product shall be proven by the Buyer.
The manufacturer (distributor) can only be released from product liability if it can prove that:
- the product was not manufactured or distributed in the scope of its business activity, or
- the failure was not recognizable at the time of release by the actual scientific and technical knowledge, or
- the defect of the product arises from the application of a legal provision or mandatory regulation of authorities.
For its release, the manufacturer (distributor) shall only prove one reason.
The liability for defect and product liability claim cannot be exercised by Buyer concurrently, in parallel for the same defect. Meanwhile, in case Buyer successfully exercises the product liability claim, Buyer can apply the liability for defects against the manufacturer for the replaced product or the repaired part.
Right of withdrawal
According to the regulations of Directive 2011/83/EU (25.10.2011) of the European Parliament and Council on Consumer Rights and in accordance the Gov. Decree 45/2014.(II.26.) on the detailed rules governing contracts between consumers and companies, Buyer can withdraw from the contract and return the product without stating its grounds within 14 days from the day of receipt by the consumer or a third part designated by the consumer which is different than the carrier.
Buyer may exercise his/her withdrawal right by clearly stated declaration to that effect, using the sample declaration presented in Appendix 2 to the Government Decree 45/2014. (II. 26.) or in par. B of Directive 2011/83/EU (see below).
Sample declaration of withdrawal
(Complete and return only in case of intention to withdraw from the agreement)
-Addressee: vendor shall indicate its own name, postal address and if applicable, phone number, fax number and e-mail address]”:
- The undersigned (*) declare(s) that the undersigned (*) withdraw(s) (*) from the sale and purchase (*) of the goods below/ from the purchase of the below service (*)
- Date of order (*)/date of receipt (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of written notice)
(*) The unwanted part is to be deleted.
Buyer exercises his/her right of withdrawal also in the period between the conclusion of the agreement and the receipt of the product.
In case of withdrawal, Buyer returns the product on his/her own cost to Seller’s registered office (7630 Pécs, Iparsziget u. 3.), and Seller immediately, but at latest within 14 days from return reimburses the purchase price of the returned product(s) and the eventually arising other costs. Shipment price will be reimbursed by Seller in case of withdrawing the order as a whole. In case of withdrawal Buyer is charged only for the product reshipment cost. In case of express delivery Seller reimburses the normal shipment price. Seller has the power to reimburse the purchase price of the product(s) and the shipment costs (the amount paid by Buyer as reward, respectively) only if Buyer has returned the product(s) or approves with no doubt that he/she sent back those goods within 14 days from the notice of withdrawal claim: from these two Seller will consider the earlier time.
During reimbursement Seller will use the same payment method than what was used during the original transaction, except when Buyer expressly agrees in another payment method. If another reimbursement method is used, no extra cost will be charged to Buyer at all. Seller has no chance to receive packages sent by cash on delivery.
Buyer cannot exercise his/her right of withdrawal as per par. 29 of Gov. Decree 45/2014., particularly in case of such non prefabricated product that was produced according to Buyer’s instructions or for his/her express request, or for product that was clearly tailored to Buyer personally;
- for perishable products or for those having short expiry;
- in case of such sealed package product that cannot be sent back because of health protection or hygienic reasons when unsealed after takeover;
- in case of a product that - given its characteristics - will be combined with other products after taking over.
Seller can vindicate the reimbursement of damages arising from the irregular use of the goods.
Buyer can submit customer’s complaints regarding the product or Seller’s activity through the contacts specified in par. “Operator’s data”. Seller shall respond on the substance of the received written complaint within 30 days. In case the complaint is rejected, Seller informs Buyer on the cause of the rejection.
In case of Buyers, who regularly do not observe the terms and conditions specified in this agreement or cause damage to Seller on any other way, Seller reserves the right to serve those Buyers only after payment is performed, or to refuse serving them.
Seller is not responsible for damages arising from eventual technical faults of the internet, the breakdown of communication tools, any software or program and the resulting damages caused by eventual technical problems.
Seller handles and stores Buyers’ personal data according to the actual data protection regulations. Seller requests data from Buyer that are necessary exclusively for the performance of the agreement (confirmation, shipment, invoicing). Seller informs Buyer that his/her personal data are stored separately in his database, and does not employ any third party (e.g. data processor) for operation and data management.
Seller undertakes to use Buyers’ data exclusively for the performance of the order and invoicing, except when Buyer expressly requests the use for other purposes (e.g. sending a Newsletter).
Seller confirms that he discloses Buyer’s data exclusively for the subcontractor applied for the performance of the agreement (e.g. parcel service) and in the extent necessary for subcontractor to be able to perform his duty. Buyer has the right for having the access to his/her own stored data at any time. Buyer is entitled to request information on his/her stored data by phone or e-mail.
Applied legislation, place of performance, competent court
For the agreement executed between Seller and Buyer the valid Hungarian legislation shall be applied.
In case of dispute regarding Seller’s agreements and cannot be resolved on an amicable way, parties specify the exclusive competence of the City Court of Pécs. Place of performance is at all times Seller’s site in Pécs.
Seller is entitled to change, modify the terms of this General Terms and Conditions at any time without justification and special notification or to replace the webshop to another domain name. Furthermore, Seller is also entitled to change or modify product prices and delivery deadlines. These changes are valid from the date of publication in www.organparts.info webshop.
For a given order the General Terms and Conditions valid at the time of order shall be applied.
In case Seller and Buyer execute a special agreement for the sale of a product, these general terms and conditions shall be applied unless otherwise specified in the special agreement.
Seller and Buyer try to settle their disputes on an amicable way.
If any eventual dispute cannot be settled during negotiations, Buyer can initiate legal proceeding, furthermore, in case of consumer’s dispute Buyer has the following possibilities of right enforcement:
- Submit a complaint to the Consumer Protection Authority,
- Initiate a procedure at Conciliation Board
Competent Conciliation Board according to Seller’s registered office: Conciliation Board of Baranya County;
The Conciliation Board procedure is initiated by a written request to be addressed and submitted to the chairman of the Conciliation Board of Baranya County in a written form (mail, fax, signed e-mail) to the registered office of the Board (7625 Pécs, Majorossy I. u. 36., fax: 72 507 152, email: email@example.com or to the customer services of the Chambers).
For eventual disputes subject to these General Terms and Conditions that cannot be settled with arrangement within 30 calendar days, Seller and Buyer specify the jurisdiction of the territorially competent Court according to Seller’s registered office.
For arguments not regulated in this General Terms and Conditions the Act No. V of 2013 on Civil Code, the Gov. Decree 45/2014 (II.26.) on detailed rules for contracts between consumers and undertakings and the regulations of related laws shall be applied.
Date of entry into force of this GTC: 10.11.2017