General Terms and Conditions

for the use of the plexiclick.hu web store

Effective: from 2021.12.01 until revoked

• We inform you that by using the web store operating on the plexiclick.hu domain (hereinafter: Web Store), you accept the provisions set forth in these General Terms and Conditions (GTC). Please continue using the Web Store only if you have read and fully accepted these terms of use. Flashdeals Kft, the Webshop (hereinafter: Operator), may freely change the provisions of these GTC, the range of products offered, prices, deadlines, etc. The Operator's obligation to sell the given product at the specified price remains in effect until the price of the product is changed and published in the Webshop. The change is effective from the date it is displayed in the Webshop. Any customer who does not agree with the changes to the rules must cease purchasing. The changes do not affect contracts (confirmed orders) that have already been established.

• 1) GENERAL PROVISIONS

  1.1) These terms of use and general terms and conditions apply to purchases made in the context of retail sales.

  1.2) The Operator's company information and contact details are as follows:
  Company name: Flashdeals Ltd.
  Headquarters, mailing address: 3524, Miskolc Klapka György Street 15 6/1
  E-mail: [email protected]
  Phone: +36704206612
  Company registration number: 05-09-034459
  Registered in the Company Registry of the Miskolc Court.
  Tax number: 27183122-2-05
  Language of the contract: Hungarian, the contract is filed by the operator

  1.3) By viewing the Web Store, registering, or making a purchase (any of the behaviors listed here), a contract is established between the Operator and the user of the Web Store in accordance with these Terms and Conditions. As the user of the Webáruház (hereinafter: User), you are obliged to accept the terms of this GTC. If you do not accept any provision of the GTC, you cannot use the site and cannot make a purchase in the Webshop.

  1.4) The provision of data necessary for the use of the Web Store and the services provided by the Web Store is done on a voluntary basis, and the Operator will only use the data to the extent necessary for the proper provision of the service, in accordance with the Data Protection Notice available on the website.

• 2. THE PURCHASE PROCESS, THE CONCLUSION OF THE CONTRACT

  2.1) In addition to the contractual relationship established by viewing the site, in the case of a purchase in the Webshop, a delivery (sale) contract is formed between the User as the buyer and the Operator as the seller, which relationship is governed by the order and confirmation, as well as the provisions of these GTC. The Webshop will accept the customer's order within 48 hours; in the absence of this, the customer is released from the binding nature of the purchase offer. The "confirmation email" sent after placing the order can be considered as acceptance according to this point. The operator will inform the User of the order's acceptance within 48 hours and send the order confirmation. If the User does not receive the order confirmation within 48 hours, the User is released from the obligation of the offer and is not required to accept the ordered products.

  2.2) The buyer accepts the terms of the sales contract by sending the order. The contract is concluded after the order is fully completed and the entered data is verified.

  2.3) The orders are automatically stored by the Web Store in electronic form, and the customer can review them later. The parties agree, in accordance with the provisions of Act CVIII of 2001 on certain issues of electronic commerce services and information society services, that the contract concluded through an order placed in the Web Store is considered to be in writing, the contract is created in Hungarian, and Hungarian law shall apply to it. The provisions of these General Terms and Conditions (GTC) apply to the contract. Upon request, the Operator will send a copy of the order in electronic form, provided the order identifier is known.

  2.4) Considering that the contract is deemed a written contract, the Parties agree that communication between the Operator and the User at the email address listed in the User's registration or order data constitutes written communication.

  2.5) The contracts defined in these GTC are governed by the Act CVIII of 2001 on Electronic Commerce.CVIII Act (hereinafter: Ekrtv.) Ekrtv. According to Section 5 (4), online contracts and contracts concluded between parties not present are governed by the provisions of the above-mentioned regulations. (II.26.) According to the Government Decree, they are considered contracts concluded between parties not present, thus the provisions of the aforementioned regulations apply to them.

  2.6) Orders can be placed on the online interface of the Web Store. The Operator can only accept and fulfill an order placed in the Web Store if the buyer fills out the fields on the registration and purchase pages completely and correctly. The Webáruház is not responsible for any damages resulting from this omission, nor for any technical problems that may arise during the process. In the case of incorrectly or insufficiently detailed address or other data, the additional shipping or other costs incurred will be borne by the customer.

  2.7) The contents of the "Cart" can be checked, modified, or even deleted at any time. In case of a data entry error detected after the order has been submitted, it must be reported immediately to the email address specified above.

  2.8) While browsing the Web Store, after selecting the quantity of the desired products on their respective pages, you can add the individual products to the virtual cart by clicking the "Purchase" function. After selecting the products, the actual ordering process can be initiated by clicking the "Proceed to Checkout" button, followed by entering the billing information and verifying the data, after which the order can be finalized and sent.

  2.9) Please note that each finalized order is treated as a separate order by the Webshop system, so it may happen that orders placed one after the other, for the same customer and address, are delivered in separate packages, in which case the shipping fee will also be charged separately for each order. If you have already placed your order but would like to add more products to the package, please contact customer service immediately, as the order can still be modified depending on the order status, that is, before the package is handed over to the courier service.

  2.10) It is possible to register before the first purchase in the Webáruház, and for subsequent orders, you need to log into the already created registration account. Registration makes future purchases easier.

  2.11) The prices listed on the site are always gross prices increased by VAT, unless VAT is indicated separately. The gross prices include the value-added tax determined by the applicable laws for the given product category at the time of purchase. The prices listed in the Webshop are valid until revoked or changed. The product images in the Webáruház are for informational purposes only and may differ from reality.

  2.12) The Operator is obliged to deliver the products ordered by the User to the delivery address specified in the order confirmation, in accordance with the terms set forth in these GTC and the order confirmation.

  2.13) The User is obliged to receive the product at the address provided at the time of order, and to pay the purchase price of the product and the specified ancillary costs (such as shipping, cash on delivery handling fee) in accordance with the terms set forth in these GTC either at the time of delivery or prior to it.

  2.14) The Operator reserves the right not to accept certain orders; in this case, no contract will be formed between the Parties. The Operator is also entitled to withdraw from the contracts without justification; in this case, the already paid purchase price will be refunded to the User immediately.

  2.15) Payment methods

  2.15.1) The purchase price of the ordered products and any additional costs (which will be indicated at the time of ordering) can be paid by the customer via online credit card payment through the secure Stripe interface at the time of sending the order.

  2.16) Modes of receipt

  2.16.1) The ordered products will be delivered to the specified address via the Webshop's courier service.

  2.16.2) The Web Store can generally fulfill orders and ship products within 5 working days, provided the product is in stock. The Webshop strives to adhere to the delivery deadline; however, it is not liable if this usual delivery time cannot be maintained. In the event of any delay, the Webáruház is obliged to inform the customer.

  2.17) The buyer is obliged to check the integrity of the package and the quantity of the products at the time of delivery (or personal pickup) and to sign the receipt. In case of damaged packaging, the defect must be recorded on-site in a report. It is recommended to check the integrity of the product upon receipt, and in case of quantity shortages or damaged products, to document the deficiencies or defects on-site. The customer can only accept the product with non-intact packaging at their own risk. In the absence of a protocol, the options for exercising the right of withdrawal, raising quantity complaints, and enforcing warranty claims for damaged products are limited in the case of contracts concluded between parties not present.

  2.18) If the package cannot be received during the delivery, the courier will leave a notification about this fact and will attempt to deliver the package again on another occasion. Delivery takes place on weekdays between 8 AM and 5 PM. The customer is obliged to provide a delivery address and phone number where they can be reached during the above time interval.

• 3. WARRANTY, GUARANTEE, PRODUCT WARRANTY

  3.1) Mandatory warranty does not apply to products purchased in the Webáruház.

  3.2) In the event of defective performance by the Operator, the User may assert a warranty claim against the Operator in accordance with the provisions of the Civil Code. The customer is obliged to deliver the defective product to the Operator's customer service address at their own expense or in person. The customer service will not accept cash on delivery packages. The warranty claim can be enforced against the Operator.

  3.3) The customer may, at their discretion, exercise the following warranty claims: request a replacement. If the repair or replacement was not requested or could not be requested, the customer may demand a proportional reduction of the consideration, or the customer may repair the defect at the Operator's expense, or have it repaired by someone else, or – in the final case – withdraw from the contract. The buyer may also switch to another warranty right, but the cost of the switch shall be borne by the buyer, unless it was justified or caused by the Operator.

  3.4) The buyer is obliged to report the defect immediately after its discovery, but no later than within two months from the discovery of the defect. At the same time, the buyer must take into account that beyond the two-year limitation period from the performance of the contract, they can no longer enforce their warranty rights. Within six months from the performance, there are no other conditions for enforcing the warranty claim beyond reporting the defect, provided the buyer proves that the product or service was provided by the Operator. However, after six months from the performance, the buyer is obliged to prove that the defect recognized by them already existed at the time of performance.

  3.5) In the event of a product defect, the buyer may, at their discretion, assert a product warranty claim instead of the warranty rights specified in points 3.2 – 3.4 above. As a product warranty claim, the buyer may only request the repair or replacement of the defective product.

  3.6) The product is considered defective if it does not meet the quality requirements in force at the time of its market introduction or if it does not possess the characteristics specified by the manufacturer in the description. The buyer can assert a product warranty claim within two years from the date the product was put on the market by the manufacturer. After this deadline, the right to enforce this claim will be lost.

  3.7) A product warranty claim can only be exercised against the manufacturer. In the case of asserting a product warranty claim, the buyer must prove the defect of the product.

  3.8) The manufacturer is only exempt from product liability obligations if they can prove that: the product was not manufactured or marketed in the course of their business activities, or the defect was not detectable according to the state of science and technology at the time of marketing, or the defect in the product arises from the application of a law or mandatory authority regulation.

  3.9) The manufacturer needs to prove only one reason for exemption.

  3.10) Warranty claims for defects and product liability claims cannot be enforced simultaneously or in parallel for the same defect. However, in the case of a successful enforcement of the product warranty claim, you can enforce your warranty claim regarding the replaced product or the repaired part against the manufacturer.

  3.11) If the product marked as defective does not have the defect, and no other defect becomes apparent during inspection, the Webshop is not liable for warranty obligations, will not replace the product, and will not refund the purchase price. The buyer is entitled, in such cases, to personally collect the product or request its re-delivery at their own expense.

• 4. THE RIGHT OF WITHDRAWAL FROM THE PURCHASE

  4.1) The customers of the Webáruház are entitled to the provisions of the 45/2014 regulation on contracts concluded between parties at a distance. (II.26.) Right of withdrawal according to the Government Regulation, which can be exercised within 14 days of receiving the product. The buyer can exercise the right of withdrawal during the period between the conclusion of the contract (the day the product was ordered) and the receipt of the product.

  4.2) In the case of withdrawal in writing, it shall be considered valid if the customer sends the withdrawal statement before the deadline. The withdrawal can be exercised under the conditions specified here.

  4.3) In case of withdrawal, the product can be returned to the Webshop in unopened or opened condition. The Webshop does not accept products sent back with cash on delivery.

  4.4) The Web Store is obliged to refund the full purchase price to the customer only if the product is returned undamaged, used in accordance with its intended purpose, and clean. The Web Store may demand compensation from the consumer for damages resulting from improper use of the products or improper return.

  4.5) The customer can submit a request for withdrawal via email or in writing by postal mail. The withdrawal form can be downloaded from the following link: withdrawal declaration form sample. The government decree regarding withdrawal can be found at the following link: https://net.jogtar.hu/jogszabaly?docid=a1400045.kor The above link also contains a sample withdrawal declaration in the annex of the government decree, along with a filling guide.

  4.6) Withdrawal based on the cited legislation does not need to be justified; it is sufficient to send the withdrawal statement back by email or by mail.

  4.7) In the event of withdrawal, the costs of returning the product are borne by the buyer. The buyer is not subject to any other costs. The buyer is obliged to return the product to the Operator within 14 days following the communication of the declaration of withdrawal; otherwise, it will be considered that the buyer does not wish to exercise the right of withdrawal.

  4.8) The product's price, as well as the shipping cost (if charged), will be refunded no later than 14 days after the product's arrival at the Operator. The refund also applies to the shipping costs for delivering the product to the customer, unless other products were delivered together with the product subject to withdrawal, and the customer did not exercise their right of withdrawal for those products. The operator may withhold the purchase price until the product is returned. During the refund process, the Service Provider will use the same payment method as the original transaction, unless the Consumer explicitly consents to the use of a different payment method; the Consumer will not incur any additional costs due to the application of this refund method.

  4.9) The costs of returning the product to the Webshop are borne by the customer. If the customer does not choose the least expensive method for returning the product, the Operator is not obliged to reimburse the cost. If the customer does not communicate and exercise their right of withdrawal in accordance with these GTC and the laws, or if they cannot communicate their right of withdrawal for the reasons specified above, the Webshop will not refund the purchase price; however, after prior consultation, it is possible to return the product to the customer. The costs of this re-delivery are borne by the customer.

  4.10) If an order pertains to multiple items and the withdrawal does not cover all products, the Operator will not refund the delivery fee.

  4.11) If you have any questions regarding the exercise of the right of withdrawal, please contact our customer service for further information using the contact details provided at the beginning of the GTC! Regarding the exercise of the right of withdrawal, 45/2014. (II.26.) You can read the text of the government decree here: http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1400045.KOR

• 5. LIMITATION OF LIABILITY

  5.1) There may be typographical errors in the Web Store, such as incorrect price listings; the Operator does not take responsibility for the published data and reserves the right not to accept the order and not to conclude a contract in such cases, or to withdraw from the contract if it has been concluded.

  5.2) The colors of individual products may be displayed differently on the user's computer than in reality, therefore the Operator does not take responsibility for the complete accuracy of the colors.

  5.3) Purchasing from the Web Store assumes the buyer's knowledge and acceptance of the possibilities and limitations of the internet, with particular attention to technical performance and potential errors.

  5.4) The Web Store is in no way responsible for the occurrences listed below, regardless of the cause: Any data sent and/or received over the internet not arriving, or being randomly altered. Any operational error in the internet network that prevents the Webáruház from functioning smoothly and the purchase from being completed. Any malfunction in any receiving device on the communication lines. Any letter sent in a non-recommended or registered form—regardless of whether it arrives in paper or electronic form—but especially any data loss. Any software malfunction. The consequences of any software bug, extraordinary event, or technical error.

  5.5) The Web Store is not liable on any grounds for any direct or indirect damage resulting from connecting to the Web Store or viewing the Web Store.

  5.6) The User is fully and unconditionally responsible for any damages arising from the provision or publication of another person's personal data in the Webshop. In such cases, the Operator will provide all assistance to the authorities in determining the identity of the infringing person.

• 6. COPYRIGHT

  6.1) All content found on the Website (text, article, product description, information, these Terms and Conditions, etc., diagram, trademark, image, other information or data) is subject to copyright – unless otherwise stated – without territorial and temporal limitations, and these rights belong to the operator of the Webshop, who reserves these rights. It is particularly prohibited to use the content downloaded from the Webshop for purposes other than purchasing from the Webshop, to modify, copy, etc. In the event of a violation of the Web Store's copyright and other rights or a breach of this contract, immediate legal action will be initiated against the infringer. By using the Web Store, the user agrees that copying the content of the site or using it for purposes other than those specified here is considered a violation (breach of these GTC), even if it might not be protected by copyright. In the event of any such infringement, the User agrees to pay at least 50,000 forints as a penalty to the Operator, without the need for separate proof of the extent of the damage.

  6.2) The Operator reserves the right to initiate proceedings before courts or authorities against any person who commits or attempts to commit an infringement while using the Web Store (including making a purchase). The Operator shall not be held liable for any infringement committed by a third party to the detriment of any user or customer.

  6.3) In the event of any violation related to the use of the site or any infringement of the Operator's interests, the Operator is entitled to immediately suspend the User's registration, delete their personal and other data, and terminate their registration. The data may still be processed for the purposes of proceedings related to the infringement or interest violation. The Operator is not obliged to inform the User about the above steps.

  6.4) The display of the Web Store or any part of it on another domain, for example as a framed application – as part of its own pages – is only possible with prior written permission.

  6.5) The website where the link to the Web Store is placed must not create the impression that the operator of the Web Store recommends or supports the use or purchase of the service or product offered or sold on that page. The linking website must not contain false information about the legal relationship between the Web Store and the linking website, as well as about the Web Store itself. The Web Store will take action against any use of links pointing to it that harm the reputation and interests of the Web Store.

• 7. Complaint Handling

  7.1) The address, phone number, and email address for reporting complaints and for contact purposes have been specified above.

  7.2) The customer can report their complaint verbally (by phone) or in writing through the contact details of the Webshop. It does not constitute a complaint if the customer requests information or a statement regarding the operation or activities of the Webshop.

  7.3) The Web Store will immediately examine the verbal complaint and remedy it if necessary. If the customer does not agree with the handling of the complaint, or if the immediate investigation of the complaint is not possible, the Webáruház will promptly take minutes regarding the complaint and its position on it, and provide a copy of these minutes to the customer, and will proceed according to the following point.

  7.4) The Webshop will respond in writing to complaints made in writing (including electronically) and by phone within thirty days, unless otherwise provided by law. The complaint submitted in this manner will be assigned a unique identification number by the Webshop. The Webshop also attaches the record of the complaint to the response. The recorded complaint must include the complainant's name, address, and a description of the complaint. The company is obliged to justify its position when rejecting a complaint and to inform the customer of their options for redress. A copy of the response must be kept for five years and presented to the supervisory authorities upon request. The protocol recorded by the Webshop includes the data required by the 19/2014 NGM decree in the case of reporting a consumer warranty claim as stipulated in the 1997 CLV Act on Consumer Protection. (IV.29.) data prescribed by the NGM decree. Remedy: The consumer is also entitled to turn to a conciliation board:
  Bács-Kiskun megyei Kereskedelmi és Iparkamara mellett szervezett Békéltető Testület
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  Pest Megyei Békéltető Testület
  Cím: 1119 Budapest, Etele út 59-61. II. emelet 240.
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  Fax: 06-1-269-0703
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  E-mail: [email protected]

• 8. OTHER MATTERS

  8.1) If any provision of these General Terms and Conditions is found to be invalid by a court, the invalidity shall not affect the validity of the other provisions, which shall remain in effect.

  8.2) The online dispute resolution platform developed and operated by the European Commission for the settlement of legal disputes is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HU

• 9. ACCEPTANCE OF TERMS OF USE By using the Web Store, you declare that you have understood the terms of use, have acknowledged them, and accept them as a condition for using the site.