ORGANPARTS.INFO TERMS AND CONDITIONS
General Terms and Conditions
The contract concluded on the basis of this document will not be filed (it will not be accessible retrospectively; the conclusion of the contract is evidenced by the order details); it is concluded exclusively in electronic form; it does not constitute a written contract; it is written in Hungarian; and it makes no reference to a code of conduct. Should you have any questions regarding the operation of the online shop or the ordering and delivery processes, please do not hesitate to contact us using the contact details provided.
The scope of these General Terms and Conditions extends to legal relationships arising on the Service Provider’s website (https://organparts.info/) and its subdomains. These General Terms and Conditions are available at all times (and can be downloaded and printed at any time) from the following web page: https://organparts.info/en/general-terms-and-conditions/.
Definitions:
User: Any natural person, legal entity or organisation that uses the Provider’s products and services, enters into a contract with the Provider, and resells the products purchased.
Consumer: A User who is a natural person acting outside the scope of their profession, self-employment or business activities.
Business: A person acting in the course of their profession, self-employment or business activities.
Service Provider: A natural or legal person, or an organisation without legal personality, providing information society services, who provides services to the User and enters into a contract with the User.
1. PROVIDER DETAILS:
Name of the service provider: Pécsi Orgonaépítő Manufaktúra Kft.
Registered office of the service provider (and also the address for handling complaints): 7630 Pécs, Iparsziget u. 3. Hungary
The service provider’s contact details and the email address regularly used to communicate with customers: pom@pomorgona.com
The service provider’s company registration number: 02-09-062663
The service provider’s tax number: 11013415-2-02
Name of the registering authority / licensing authority and licence number (if applicable): Pécs Regional Court, Companies Register
The service provider’s telephone number: +36 72 239 603
Language of the contract: Hungarian
Name, address and email address of the hosting provider:
INFORMATIK.HU Informatikai és Szolgáltató Kft.7761 Kozármisleny, Nárcisz utca 20. Hungary
Telefon: +36 30 620 5304E-mail: info@informatik.hu
2. BASIC PROVISIONS:
2.1. Matters not governed by these General Terms and Conditions, as well as the interpretation of these General Terms and Conditions, shall be governed by Hungarian law, with particular reference to Act V of 2013 on the Civil Code (‘Civil Code’) and Act CVIII of 2001 on certain issues relating to electronic commerce services, certain aspects of services related to the information society. The mandatory provisions of the relevant legislation shall apply to the parties even in the absence of any specific agreement to that effect.
2.2. These General Terms and Conditions shall enter into force on 20 May 2024 and shall remain in force until further notice. The Service Provider is entitled to amend these General Terms and Conditions unilaterally (circumstances giving rise to such amendments include: changes in legislation, commercial interests, and changes relating to the company). The Service Provider shall publish the amendments on the website and shall notify registered Users and/or Users who have previously made a purchase of the changes via the website and/or by email – on the basis of which the User is entitled to withdraw from or terminate the contract.
2.3. The Service Provider reserves all rights in respect of the website, any part thereof and the content appearing on it, as well as the distribution of the website. It is prohibited to download, electronically store, process or sell the content appearing on the website or any part thereof without the Service Provider’s written consent.
2.4. We hereby inform Users that the Service Provider sells exclusively to users who are NOT classified as consumers; in other words, the scope of these General Terms and Conditions extends only to legal relationships between businesses.
2.5. The parties may agree individually on any contractual terms not covered by these General Terms and Conditions.
3. REGISTRATION/PURCHASE
3.1. During registration or a purchase, the user is obliged to provide their own, accurate personal details. Should false details, or details attributable to another person, be provided when using the service, placing an order or taking out a subscription, the electronic contract thus formed may be challenged in court by the entitled party. Should the challenge be successful (i.e. the case is won), the contract shall become void from the date of its conclusion; or, if it conceals another contract, the rights and obligations of the parties shall be determined on the basis of the concealed contract.
3.2. The Service Provider shall not be held liable in any way for any delivery delays or other problems or errors attributable to data provided by the User that is incorrect and/or inaccurate.
3.3. The Service Provider shall not be liable for any damages arising from the User forgetting their password or it becoming accessible to unauthorised persons for any reason not attributable to the Service Provider (where the User is registered on the website)
4. RANGE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE
4.1. The products shown can be ordered online from the online shop. The prices shown for the products are in forints and do not include delivery or payment charges. No separate packaging charges will be applied.
4.2. In the online shop, the Service Provider provides detailed information on the product name and description, and displays photographs of the products (where possible).
4.3. Should a promotional price be introduced, the Service Provider shall provide Users with full details of the promotion and its exact duration.
4.4. Should an incorrect price appear on the Online Shop’s interface despite the Service Provider’s best efforts, or should a price of “0” Ft or “1” Ft due to a system error, the Service Provider is not obliged to confirm the order at the incorrect price, but may reject the offer and may propose confirmation at the correct price; in such circumstances, the User has the right not to accept the amended offer. By ‘incorrect price’ we mean a price at which the trader does not have the contractual intention to enter into the contract. Under Act V of 2013 on the Civil Code (Ptk.), a contract is formed by the mutual and unanimous expression of the parties’ intentions. If the parties are unable to agree on the terms of the contract – that is, if there is no statement expressing their will mutually and in unison – then no valid contract can be said to have been formed from which rights and obligations would arise.
5. ORDER PROCESS
5.1. After registering, the user logs in to the online shop.
5.2. The user specifies the number of items of the product(s) they wish to purchase.
5.3. The user adds the selected products to their basket. The user can view the contents of their basket at any time by clicking on the ‘basket’ icon.
5.4. If you do not wish to purchase any further items, please check the quantity of the item you wish to buy. You can clear the contents of your basket by clicking on the ‘X’ icon. To finalise the quantity, please click on the ‘Update basket’ icon.
5.5. The user enters the delivery address, followed by the delivery/payment method, which can be one of the following:
5.5.1. Payment methods:
Collection in person: Payment in cash upon collection at the Service Provider’s premises: If the User chooses to pay upon collection, they shall pay the purchase price of the product in cash at the Service Provider’s premises. Cash payments may only be made in Hungarian forints (HUF).
By bank transfer: The User is obliged to transfer the payment for the ordered products to the bank account specified in the confirmation email within 3 days. Once the amount has been credited to the Service Provider’s bank account, the User is entitled to take delivery of the product(s) in the manner specified by them.
5.5.2. Delivery charges (gross amounts):
For small-parcel deliveries – within Hungary:
Magyar Posta Zrt.:
Delivered to a parcel locker, Posta Pont or post office: 990 Ft per item,
Home delivery: 0–10 kg: 1,990 Ft per item,
Home delivery: 10–20 kg: 2,990 Ft per item,
For home delivery: 5,990 Ft per item for 20–40 kg
Domestic and international:
DPD:
At a price determined on a case-by-case basis depending on the parcel’s weight, dimensions and delivery address
For large parcels:
Kuehne+Nagel: at a price determined on a case-by-case basis depending on the parcel’s weight, dimensions and delivery address
For individual or bulk consignments:
Customised freight arrangements: by commissioning the haulage company offering the best quote
5.6. The final amount payable, as set out in the order summary and confirmation letter, includes all costs. Pursuant to Section 6:127 of the Civil Code, the user is obliged to check without delay that the quality and quantity of the ordered product(s) are correct. Delivery of the product(s) takes place on working days between 8 am and 5 pm.
5.7. Once the details have been entered, the User can submit their order by clicking on the “Place order” button; however, before doing so, they can check the details they have entered once more, add a comment to their order, or email us with any other requests relating to the order.
5.8. By placing an order, the user acknowledges that, in accordance with Section 15 of Government Decree No. 45/2014 (26 February) and other provisions (e.g. Section 20), an obligation to pay arises upon placing the order.
5.9. Correcting data entry errors: Before completing the ordering process, users can always return to the previous stage, where they can correct the data they have entered. In detail: During the ordering process, it is possible to view and amend the contents of the basket; if the basket does not contain the quantity the User wishes to order, they can enter the desired quantity in the data entry field in the ‘Quantity’ column and then click the ‘Update basket’ button. If the User wishes to remove items from the basket, they should click the ‘X’ button. Throughout the ordering process, the User has the option to correct or delete the details they have entered at any time. The User may also request that any errors be corrected by telephone or email even after the order has been submitted.
5.10. The User will receive a confirmation by email once the order has been submitted. If this confirmation does not reach the User within a reasonable timeframe depending on the nature of the service, but no later than 48 hours after the User has submitted their order, the User shall be released from any binding offer or contractual obligation. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it becomes accessible to them. The Service Provider shall not be liable for the confirmation if it is not received in time because the User provided an incorrect email address during registration, or because the User’s account storage space is full and cannot receive messages.
5.11. The User acknowledges that the confirmation referred to in the previous clause is merely an automated confirmation and does not constitute a contract. The contract is formed when, following the automated confirmation referred to in the previous clause, the Service Provider notifies the User in a further email of the details of the order and its expected fulfilment.
6. ORDER PROCESSING AND FULFILMENT
6.1. Orders are processed during opening hours. It is possible to place an order outside the times specified for order processing; however, if this is done after the end of working hours, the order will be processed on the following day. The Service Provider’s customer service team will always confirm electronically when your order can be fulfilled.
6.2. General deadline for completion: within 3–40 working days from the date the contract is concluded.
6.3. Under the terms of the contract of sale, the Service Provider is obliged to transfer ownership of the item, whilst the User is obliged to pay the purchase price and take delivery of the item.
6.4. If the Service Provider fails to fulfil its contractual obligation because the product specified in the contract is not available, it shall be obliged to inform the User of this without delay and to refund the amount paid by the User without delay.
6.5. The Service Provider draws Users’ attention to the fact that if a User fails to take delivery of the ordered products that have been supplied in accordance with the contract (regardless of the method of payment), they are in breach of contract. Under the Civil Code (Section 6:142), anyone who causes damage to the other party by breaching a contract is obliged to compensate for such damage. The User is exempt from liability if they prove that the breach of contract was caused by circumstances beyond their control which could not have been foreseen at the time the contract was concluded, and that they could not reasonably have been expected to avoid those circumstances or prevent the damage. Compensation must be paid for any damage arising in connection with the service. In the event of a wilful breach of contract, the Service Provider must be compensated for the full amount of the damage.
This means that the Service Provider will claim from Users compensation for any losses incurred as a result of the procurement and storage of the products, as well as the delivery costs (both ways).
The Service Provider draws Users’ attention to the fact that, in order to enforce the legal claims arising in this way, it will engage the services of its solicitors; consequently, the User shall also be liable for the payment of any other (legal) costs arising from the breach of contract (including, where applicable, the fees for payment order proceedings).
7. RIGHT TO WITHDRAW
7.1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree No. 45/2014. (26 February) on detailed rules governing contracts between consumers and businesses, the right of withdrawal applies only to Users who qualify as consumers under the Civil Code. The right of withdrawal does not apply to a business, i.e. a person acting in the course of their trade, profession or business; consequently, in this legal relationship, the User is not entitled to the 14-day right of withdrawal set out in Government Decree No. 45/2014 (II.26.).
8. WARRANTY
Defective performance
The Service Provider is deemed to have performed defectively if, at the time of performance, the service does not meet the quality requirements laid down in the contract or by law. The Service Provider is not deemed to have performed defectively if the entitled party was aware of the defect at the time the contract was concluded, or should have been aware of the defect at that time.
A User classified as a business: a person acting in the course of their profession, self-employment or business activities.
Warranty on accessories
8.1. In what circumstances may a User exercise their right to a guarantee of fitness for purpose?
In the event of a breach of contract by the Service Provider, the User may assert a claim for breach of warranty against the Service Provider in accordance with the provisions of the Civil Code.
8.2. What rights does the User have under a claim for warranty against defects?
The User may, at their discretion, make the following claims under the warranty: they may request repair or replacement, unless the claim chosen by the User is impossible to fulfil or would entail disproportionate additional costs for the company compared to fulfilling another claim. If the User has not requested, or was unable to request, repair or replacement, they may claim a proportionate reduction in the price, or the User may repair the fault at the company’s expense, or have it repaired by a third party, or – as a last resort – withdraw from the contract. The User may also switch from one chosen warranty right to another; however, the cost of such a switch shall be borne by the User, unless it was justified or the business gave cause for it.
8.3. Within what time limit may the User make a claim under the warranty for defects?
The user is obliged to report any fault immediately upon discovery. However, please note that you may no longer enforce your rights under the warranty for defects once the one-year limitation period from the date of performance of the contract has expired. (In the case of products with an expiry date, the warranty for defects may be enforced until the end of the expiry period.)
8.4. Against whom can you make a claim under the warranty for defects?
The User may make a claim under the warranty against the Service Provider.
9. MISCELLANEOUS PROVISIONS
9.1. The Service Provider is entitled to engage a contractor to fulfil its obligations. It shall bear full liability for any unlawful conduct on the part of such a contractor, as if it had committed the unlawful conduct itself.
9.2. If any part of these Terms and Conditions becomes invalid, unlawful or unenforceable, this shall not affect the validity, legality or enforceability of the remaining parts.
9.3. Should the Service Provider fail to exercise a right to which it is entitled under these Terms and Conditions, such failure shall not be deemed a waiver of that right. Any waiver of a right shall only be valid if it is set out in an express written statement to that effect. The fact that the Service Provider does not strictly enforce a material term or condition of these Terms and Conditions on a single occasion shall not be construed as a waiver of its right to insist on strict compliance with that term or condition at a later date.
9.4. The Service Provider and the User shall endeavour to settle any disputes between them amicably.
9.5. The Parties hereby confirm that the Service Provider’s online shop operates in Hungary and is maintained there. As the website can also be accessed from other countries, users expressly acknowledge that Hungarian law is the governing law in the relationship between the user and the Service Provider.
9.6. The Service Provider does not apply different general terms and conditions of access to the products available in the online shop on the basis of the User’s nationality, place of residence or place of establishment.
9.7. The Service Provider shall not apply different terms and conditions to a payment transaction – with regard to the payment methods it accepts – on the basis of the User’s nationality, place of residence or place of establishment, the location where the payment account is held, the place of establishment of the payment service provider or the place of issue within the European Union of the cash substitute payment instrument.
9.8. The service provider complies with the provisions on combating unjustified territorial restrictions on content and other forms of discrimination within the internal market on the basis of a customer’s nationality, place of residence or place of establishment, as well as with Regulation (EC) No 2006/2004 and Regulation (EU) 2017/2394, and Directive 2009/22/EC.
10. COPYRIGHT, CONTENT PROTECTION AND RESERVATION OF RIGHTS
10.1. The website https://organparts.info/, its structure, layout, visual elements, graphic design, textual content, images, product descriptions, databases, editing, layout and any other content appearing on the website are protected by copyright and, where applicable, by related legal protections. Copyright protection applies to the content from the moment of its creation, without the need for separate registration or any other formalities.
10.2. The Service Provider reserves all rights in respect of the content appearing on the website. Viewing or using the website, or accessing its content, does not in itself constitute a licence to use it, does not entail the transfer of any economic copyright, and does not entitle the visitor, user or any third party to use the content without authorisation.
10.3. Without the Service Provider’s prior, express and written consent, it is prohibited to use the content appearing on the website, in whole or in part, including but not limited to:
a) copying, downloading, recording, reproducing or storing electronically;
b) publishing on another website, social media platform, in an advertisement, catalogue, database or any other online or offline platform;
c) broadcasting, retransmitting, sharing or making available to the public;
d) adapting, processing, modifying, translating or incorporating it into other content;
(e) use for commercial, advertising, search engine optimisation, data collection, competitive or other business purposes;
f) use for the purpose of training, teaching, analysing or extracting data from artificial intelligence-based systems, data mining tools, automated data collection applications or other software solutions, unless the Service Provider has expressly consented to such use.
10.4. The prohibition set out in clause 10.3 does not affect the cases of fair use defined in the Copyright Act, in particular the possibility of lawful quotation, provided that the quotation is made to the extent justified by the purpose, faithfully reproduces the original, and cites the source and – where indicated – the author. The cases of fair use must not be interpreted broadly and must not serve as a basis for the systematic, commercial or competitive reproduction of the website’s content.
10.5. The legal documents available on the website – in particular the General Terms and Conditions and the Privacy Policy – are intended to provide information to visitors and users. Visitors may download, store and use these documents for the purposes of their own information, the exercise of their rights, and to familiarise themselves with their existing or intended legal relationship with the Service Provider. However, this provision does not entitle the visitor, user or any third party to use these documents for commercial purposes, as their own service, as content on another website, or as part of an activity that competes with the Service Provider.
10.6. Links to the website https://organparts.info/ are permitted, provided that the link does not damage the Service Provider’s reputation, does not create the false impression that there is any cooperation, endorsement, sponsorship or any other business relationship exists between the person or organisation placing the link and the Service Provider, and does not constitute unlawful or unfair commercial conduct.
10.7. The name ‘https://organparts.info/’, the website’s identity, appearance, distinctive structural and visual elements, and any designations suitable for identifying the Service Provider’s services are associated with the Service Provider’s business activities. Any unauthorised use, imitation or application of these in a manner that could lead to confusion with the Service Provider, its services or its website, or that could result in the unfair exploitation of the Service Provider’s market performance, is prohibited.
10.8. Should a third party, without authorisation, reproduce, copy, publish, use for commercial purposes, adapt, pass off as their own, uses it without citing the source, or utilises it in the context of activities competing with those of the Service Provider, the Service Provider, the author concerned or any other entitled party may take action in accordance with the Copyright Act, the Civil Code and – in the event of an infringement committed by a market participant – the rules prohibiting unfair market practices.
10.9. In the event of an infringement, the Service Provider, the author concerned or any other rightholder may, in particular, assert the following claims:
(a) a court ruling establishing that an infringement has taken place;
(b) the cessation of the infringement and a prohibition on the infringer committing any further infringements;
(c) the removal, deletion or blocking of access to the infringing content, or the restoration of the situation that existed prior to the infringement;
d) the provision of appropriate redress and its publication at the infringer’s expense;
(e) the restitution of any profits derived from the infringement;
(f) the payment of damages;
(g) the payment of compensation for non-pecuniary loss in the event of an infringement of the author’s moral rights;
(h) the provision of data relating to the infringement, in particular data concerning the manner, duration, scope, accessibility, revenue and commercial exploitation of the infringing use;
(i) reimbursement of the costs of notaries, experts, lawyers, technical services and other reasonable expenses necessary to prove and put an end to the infringement.
10.10. The Service Provider expressly states that the provisions set out in this chapter do not constitute a penalty clause and do not establish a contractual penalty. Through these provisions, the Service Provider hereby informs visitors to the website, users and third parties of its existing rights under copyright law, civil law and competition law. In the event of an infringement, the Service Provider, or the relevant author or other rights holder, shall enforce its claims directly in accordance with the relevant legislation.
10.11. The Service Provider hereby gives prior notice that, in the event of unauthorised reproduction of content for commercial purposes or by a competitor, it will take into account the gravity, scope and repetitive nature of the infringement, the manner of use, the volume of content used, the financial gain realised by the infringer, and any infringement of the author’s moral rights when determining its claims. In the Service Provider’s view, the use of images, product descriptions, textual content, branding elements or databases for commercial purposes, without attribution, in a manner that constitutes unfair competition or is likely to mislead, constitutes a particularly serious infringement.
10.12. Upon detection of an infringement, the Service Provider is entitled to make use of a notarial certification of facts, a screenshot, the preservation of electronic evidence, an expert examination or any other means of evidence. The Service Provider may recover any reasonable costs incurred in this connection from the infringer in accordance with the relevant legislation.
10.13. Where the infringement is committed by a business, a competitor or another market participant, and the copying of content, the imitation of the website’s distinctive features, the use of the Service Provider’s trademarks, or the exploitation of the Service Provider’s market performance is capable of conferring an unfair advantage in economic competition, causing deception, creating a likelihood of confusion, or infringing the Service Provider’s legitimate interests, the Service Provider may take action not only on the basis of copyright claims but also under competition law.
10.14. The reservation of rights set out in this chapter shall not affect the Service Provider’s right to assert against the infringer any other civil, copyright, competition, criminal or other legal claims available to it under the law.
Pécs, 20 May 2024