Terms and Conditions

General Terms and Conditions for Goods Purchase and Sales Contract for Non-Business Customers for Non-Business Customers of Cinq Filles Budapest webshop

Due date: 1st January, 2017

1. Interpretative terms

a. Service Provider: Cinq Filles Budapest Ltd.
Abbreviated name of Service Provider: Cinq Filles Budapest
Headquarters: 1065 Budapest, 21 Nagymező str.
Official representative: Zsolt Unger, General Manager
Registry court: Municipal registry court
Registry number: 01-09-970652
Tax number: 23545753-2-42
Customer service address: 1065 Budapest, 21 Nagymező str.
Customer service phone number: +36 306622625
Customer service email address: [email protected]
Non-business customer/user: any natural person or company not registered as a wholesaler company. Service provider: Cinq Filles Budapest Ltd.

2. General Terms

Service Provider’s product catalogue on the webpage www.cinqfillesbudapest.com featuring foods and other products sold by Service Provider (for further reference webshop). With the act of placing an on-line order via the webshop, a contract of purchase takes place between the Customer (for further reference Customer) and Service Provider in accordance with the terms and conditions of present interpretative document.

Customer at the time of placing an order accepts the General Terms and Conditions for Goods Purchase and Sales Contract.

Service Provider is entitled to unilaterally alter the present General Terms and Conditions for Goods Purchase and Sales Contract, which enters into force after being published on the webpage www.cinqfillesbudapest.com and Customer is bound to accept its terms and conditions after placing the first purchase order that follows their publication.

3. Purchasing Process

Customers may start a purchasing process without registration on cinqfillesbudapest.com. The Purchase Contract comes into force between Cinq Filles Budapest Ltd as Seller and Customer as Buyer.

Service Provider is solely responsible for the orders placed on the www.cinqfillesbudapest.com webpage, recognisably identified with the logo and data of identification of Cinq Filles Budapest Ltd, via the Internet catalogue and confirmed by Service Provider.

Customer exclusively agrees that the product catalogue available through the webshop of Service Provider does not qualify as proposal for a definite puchase contract.

The product images displayed in the webshop are created and owned by Service Provider as intellectual property. Customer agrees that the product images are to be considered as samples. Customer accepts that Service Provider takes no legal responsibility for possible differences between the image of a product and the actual product itself.

Ordering Process

Upon concluding the purchasing process in the webshop, Customer can order the selected product by clicking on the basket icon on the right side, following the steps as defined below. Every step of the ordering process may be withdrawn or may be continued.

Check basket content all products of the selected category are displayed under the drop down menu “Check basket content”. Customers may alter the selected quantity or remove the selected items from the basket under this menu. The basket content automatically refreshes with the selected item/s removed. Customer can place additional items in the basket and continue the purchasing process by clicking on “Continue purchase”.

Select delivery method

Customer may choose the preferred method of product delivery.

Personal delivery

Upon choosing personal delivery, Customer may pick up the purchased product in our shop, during business hours. Address: 1061 Budapest, 44 Paulay Ede str.

Opening hours: Monday-Friday 11 a.m. -19 p.m.

Home delivery by courier service

In case of home delivery by courier service, Customer receives the purchased product via the MPL postal courier service. Under 20.000 HUF the service fee is 1.200 HUF, for orders over 20.000 HUF the delivery is free of charge.
Delivery is due within 10 working days in the territory of Hungary.

One-Day Delivery

If Customer places an order until 12:00 a.m. during business hours, the purchased product can be delivered on the same day within the territory of Budapest for 2.500 HUF. Before delivery, Customer is contacted via phone.

Select delivery address

After clicking on the menu “Purchase item”, the next step is to select the address of delivery.

You may also set the delivery invoice details here.

If the delivery invoice address and the delivery address are the same, please tick the box “Delivery invoice address and delivery address are identical”.

If the two addresses are not identical, leave the box empty and set the delivery invoice details.

Delivery abroad

In case of delivery abroad, Customer receives an individual delivery price offer. For further enquiries please contact [email protected]

Select payment method

Customer may choose the most suitable payment method.

1., Purchase by credit card

When purchasing by credit card, Barion provides safe payment methods. After concluding the purchasing process, give your bank account number and click on “Pay”. We receive your order immediately and you receive an email of confirmation.

2., PayPal

When using PayPal, you must create an account and register in the PayPal system in order to be able to pay just like you would with any credit card. At the same time you click on “Pay”, we receive your order immediately, while you receive an email of confirmation.

3. Personal delivery with store pick-up, payment in cash or by credit card

If you choose personal delivery, we contact you in connection with the soonest possible pick-up date via an email of confirmation. You can pay either in cash or by credit card upon picking up your purchase in our shop.

4. Transfer

If you prefer not to pay by credit card, you may select payment by bank transfer in advance.

Click on the “Payment by bank transfer in advance” option and finalise your purchase. Here you can find all the relevant information concerning your transfer, and we resend all the information you may need in an email confirming your purchase.

Conclusion

Here you may revise data accuracy and order details and may add comments related to your order. Click on “Finalise purchase” and send your order. As the next step, you can read the order data sheet and our system sends an automatic system notification, which does not qualify as a confirmation of your order.

Confirmation of order

Here you can find the printable page with all the details of your sent order. After the order, Service Provider checks if ordered items are on stock. If the products ordered are available, Service Provider sends an email of confirmation of your order. To note, after Customer receives the email of confirmation, the items, payment and delivery methods and the time of delivery cannot be altered. If one or several items of the order are not available, Service Provider contacts Customer on the phone, whereupon Customer may decide to purchase substitute products or to finalise the purchase without the products out of stock.

6. Prices

The prices displayed in the product catalogue and on the product sheet are the valid retail prices at the time of purchase, including
VAT.

In case Customer places an order, Cinq Filles Budapest Ltd is obliged to deliver the purchase in accordance with the terms and conditions of present contract, at the valid price at the time of ordering. The price is also included in the email of confirmation of your order (not identical with the automatic system notification). Both parties explicitly agree that the automatic system notification after order does not qualify as a binding legal agreement by Service Provider, and the automatic system notification is not considered as a declaration by Service Provider, therefore no contract of purchase between the two parties comes into force.

Customer’s offer of purchase may be accepted by Service Provider, ensuing the automatic system notification, in a document (email) of confirmation of purchase (for further reference confirmation) To note, after sending the confirmation of purchase, the items, payment and delivery methods and the time of delivery cannot be altered. Customer agrees to the terms and conditions above.

Customer accepts that the product prices do not include the delivery costs.

In case of discounted products, the sales offer lasts until given date or before the stock sells out. If the discounted product is out of stock or there is a temporary stock shortage, Service Provider notifies Customer via email.

7. Liability, payment, delivery

7.1. Service Provider is liable to deliver the products ordered on approval and confirmed by Service Provider to the address and within the deadline defined in confirmation, including the delivery method selected by Customer.

If the confirmed order fails to be delivered as previously agreed on (e.g. the product is unavailable by the time agreed on or is permanently out of stock), Service Provider is bound to notify

Customer via email or phone.

Service Provider is not responsible for any damage due to product shortage. Customer accepts the liability information provided by Service Provider.

7.2. Customer accepts that placing an order qualifies as a legally binding purchase offer (see 5/D). Customer agrees to the terms and conditions of present purchase contract and by failing to perform any promise that is part of the contract, Customer accepts to be liable for breach of contract.

In case of home delivery, Service Provider or Courier Service commissioned by Service Provider delivers the confirmed order to the address and by the deadline accepted by Customer. The delivery costs –depending on the value of delivered goods and the address code of delivery- are displayed on the www.cinqfillesbudapest.com webpage. Customer agrees to the product delivery information provided by Service Provider.

Customer agrees that the delivery costs in case of orders for addresses outside of Budapest are defined for orders not exceeding 10 kg (22 pounds) (including the gross weight and the weight of the packaging).

For orders exceeding 10kg (22 pounds), the delivery costs are individually defined by Service Provider, who notifies Customer after order placement. Consequently, Customer may cancel the contract in written form (including via email).

Customer is bound to receive the delivery of the products confirmed and is obliged to pay the Service Provider the product price and/or the delivery costs defined in the order confirmation. Upon personal delivery, Customer may choose to pay in cash or by credit card.

Upon receiving the order, Customer is liable to check whether the products delivered are identical with the products ordered, in terms of the quality and quantity defined by the terms and conditions of the purchase contract. Customer agrees to confirm the fact of product conformity and to perform quality and quantity revision by signing The Bill of Lading. Customer agrees that Service Provider does not deal with any customer complaint after delivery. In case of complaints, Customer is liable to require the person responsible for product delivery to note the circumstances of product delivery in a written document concerning damaged package claims.

Upon receiving the delivered products, Customer acknowledges that the ordered products are marked as defined by the effective

Hungarian laws upon reception.

In case Customers fail to receive ordered products due to faults of their own, Customer agrees to refund Service Provider in terms of costs (delivery, packaging costs, etc.). In addition, Customer is bound to pay Service Provider the product price defined in the purchase confirmation as contractual penalty.

8. Contractual Effect

Present contract, in case of non-business consumers, comes into effect in connection with purchases performed via the www.cinqfillesbudapest.com webpage.

Service Provider assigns an automatic order identification number to every valid order, defined in every email of confirmation sent to Customer. Customer agrees that only the orders identified with an order identification number are valid.

The confirmation of order occurs without delay but in maximum

48 working hours. The purchase contract comes into effect after Service Provider confirms the order via email. In case the purchase confirmation does not occur within 48 working hours,

Customer is exempt from the purchase offer.

9. Complaints, complaints management

If the product received is demonstrably damaged due to fault of Service Provider, Service Provider replaces it free of charge. Customer is liable to prove the exact time and the circumstances of damage, except if the effective laws do not define otherwise. If the product cannot be replaced, the purchase price is refunded.

The replacement of the purchased item is possible only if Customer provides the original packaging and the attached documents of the ordered product. In case of products damaged during delivery, the written assessment of damage claims must be attached, in which the delivery service responsible for the delivery of the damaged product must acknowledge the damage caused. Customer agrees that Service Provider is not bound to manage any complaint without the written assessment of damage claims attached.

Upon receipt, Customer is bound to notify Service Provider of any quality complaint without delay, via email [email protected] or phone +36 30 662 2625 
Service Provider assesses the complaints received via [email protected] e-mail or +36 30 662 2625 in 30 working days and agrees to notify Customer via the same communication channel in terms of the result of the investigation and any possible legal redress.

10. Right of Cancellation

Customer has the right to cancel the purchase for a period of 14 working days upon receipt, without justification as regulated by the 45/2014 (II.26.) Government decree. The intent of cancellation must be declared by Customer via e-mail [email protected]

If Customer has already opened the adhesive tape on the nylon packaging of the pre-made sweets (or other foods), Customer may not practise their right of cancellation, as the product, by its nature, is not suitable for further use or sale.

In case of complaints or right of cancellation, Service Provider checks the products and the packaging for possible defects in every case.

Upon rightfully cancelled purchases, Service Provider is bound to refund Customer without delay but in maximum 30 working days after cancellation and the receipt of returned products.

The refund does not include the delivery costs and the return delivery costs of the products. Customer is bound to pay the delivery and the return delivery costs of the products. Service Provider does not receive the product on approval. If the product is used, Cinq Filles Budapest Ltd may demand the full recompensation of any damage or devaluation due to improper use.
In case of legal debate, Customer may turn to the operative Legislative Body.

11. Price alterations and other technical errors

Cinq Filles Budapest Ltd reserves the right to correct any obvious fault, typographical, numerical or editing error and the right to alter prices.

After confirming an order, Cinq Filles Budapest Ltd has the right to alter the purchase price of the ordered products only and solely if a new law (e.g. tax law) comes into effect in the period between the confirmation of order and the delivery date defined in the confirmation.

The products featured in the webshop are subject to availability and Customer agrees that Service Provider is not liable for incorrect price information due to any unexpected technical problems, through no fault of their own, occuring during the operation of the webpage. Cinq Filles Budapest Lts reserves the right to terminate the distribution and sales of any product.

12. Data security

The data security information of the Service Provider is available via

www.cinqfillesbudapest.com/privacy-statement/

Data provision is voluntary and data management is based on Customer agreement. The management of the necessary personal data and address used for customer identification are regulated by 13/A of CVIII of 2001.

During purchase, any registered Customer can choose to agree to receive newsletters, sales offers and information of new products from Cinq Filles Budapest Ltd by opting for “Subscribe”.

Customer has the right to withdraw permission to receive newsletters, sales offers and information of new products from Service Provider. Customer acknowledges that Service Provider sends communication about the possibility to terminate further subscription in their news letters. In case Customer opts not to receive any more newsletters, offers or new product information, Service Provider stops sending such information and deletes Customer’s data from its database of subscribers.

The objective of data management is to set up and maintain a contract with the present contractual terms and conditions and to facilitate any enforcement of claims in relation to it.

The sole controller of data is Cinq Filles Budapest Ltd. The Company does not commission any third party to process customer data. Service Provider and its employees involved in data management, are bound by a confidentiality agreement. The duration of data management is confined to the contractual relation between Customer and Service Provider, or in case the contract is terminated, the duration is defined by the effective legal laws and regulations (e.g. Accounting Law of Hungary). After the expiration data of data management, Service Provider renders the stored data unrecognisable and irrevocably deletes it from its entire database.

Service Provider informs Customer that in accord with Chapter II Section 6 (5) of Privacy Act CXII of 2011:

Where personal data is recorded under the data subject’s consent, the controller shall - unless otherwise provided for by law - be able to process the data recorded where this is necessary:

a) for compliance with a legal obligation pertaining to the controller, or b) for the purposes of legitimate interests pursued by the controller or by a third party, if enforcing these interests is considered proportionate to the limitation of the right for the protection of personal data, without the data subject’s further consent, or after the data subject having withdrawn his consent.

The primary objective of data management is to establish and to maintain the terms and conditions defined in present contract and to enable due enforcement of claims and to ensure customer rights. The secondary aim of data management is to execute statistical analyses and to improve the quality and technical criteria of the information systems of Service Provider. The goal of statistics based on data processing is to fulfill the primary objective and to improve the quality and technical criteria of said information systems. In a written format, Customers may withdraw permission for their data to be processed in relation to quality management via [email protected].

Customer explicitly agrees that the information systems of Service Provider have the right to monitor user activity data, which is independent of the data provided by Customer during purchase or the data generated during Customer’s use of Internet webpages or services.

Customer accepts the following:

• By Customer’s explicit request, Service Provider informs Customer about the data management of Customer’s personal data
• Customer may demand Service Provider to correct and modify Customer’s personal data
• Customer may ask Service Provider to delete or retain
• Customer’s personal data from use.

Customer acknowledges that, in accordance with the effective legal regulations, any natural person under the legal drinking age of 18 is not entitled to order or purchase alcoholic beverages and the person responsible for the delivery of such items has the right to check the fact of age appropriateness.

Customer explicitly agrees that in case the recipient of the order containing alcoholic beverages has not reached the legal drinking age of 18, and the delivery service commissioned by Service Provider is forced to return said items, Customer is liable to pay for the costs of product delivery and the return delivery costs of the ordered products.

Service Provider informs Customer that present contract, based on present terms and conditions, constitutes as an unsigned, yet legally binding and enforceable document, the content of which is filed and stored by Service Provider in a readily accessible and retrievable manner.

Service Provider informs Customer that the official legal language of Service Provider’s purchase contracts is Hungarian, unless Customer individually and intentionally opts for English as the official legal language of purchase contracts between Service Provider and Customer.

In issues not delineated by present contract and attached documents, the rules of the Civil Code govern the settlement of any conflicts arising from companies’ contractual relationships.