{"id":72,"date":"2019-03-17T17:19:40","date_gmt":"2019-03-17T16:19:40","guid":{"rendered":"https:\/\/goya.everthemes.com\/demo-basic\/?page_id=72"},"modified":"2024-02-20T17:14:24","modified_gmt":"2024-02-20T16:14:24","slug":"aszf","status":"publish","type":"page","link":"https:\/\/emababy.com\/en\/aszf\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"

1. Introduction<\/strong><\/h2>\n\n\n\n

The General Terms and Conditions (hereinafter: GTC) contain the general terms and conditions for the use of the webshop (hereinafter: Website) operated by Ema Design Bt. as a service provider (hereinafter: Service Provider). Please use our services only if you agree with every point and consider them binding upon yourself. This document will not be filed, it is concluded exclusively in electronic form (it does not qualify as a written contract), and it does not refer to a code of conduct.<\/p>\n\n\n\n

2. The Service Provider<\/strong><\/h2>\n\n\n\n

The operator of the site and the manufacturer of the products available for order on the site;<\/p>\n\n\n\n

Ema Design Bet\u00e9ti T\u00e1rsas\u00e1g<\/strong>
Registered address: 1037 Budapest, Tarhos u. 48.
Tax number: 28647379141
Community VAT number: HU28647379
Company registration number: 01 06 511317
Bank account number: 10700718-43640403-51100005<\/p>\n\n\n\n

Our contact details:
Postal address: 1037 Budapest, Tarhos u. 48.
Phone number: +36-20\/419-5036
E-mail address: info@emababy.com<\/p>\n\n\n\n

Representative of the Service Provider: J\u00e1nos Dobszay<\/p>\n\n\n\n

Language of our legal notice: Hungarian<\/p>\n\n\n\n

Complaint handling:
You may submit any complaints via the following contact details, either in writing or by telephone.
Telephone: +36-20\/419-5036
Postal address: 1037 Budapest, Tarhos u. 48.
Email: info@emababy.com<\/p>\n\n\n\n

3. Activity conducted on the website<\/strong><\/h2>\n\n\n\n

Retail of baby products<\/p>\n\n\n\n

Range of purchasable products: Baby products, clothing, textiles.<\/p>\n\n\n\n

4. Terms of Use<\/strong><\/h2>\n\n\n\n

1. Liability<\/p>\n\n\n\n

The User may use the Website solely at their own risk and accepts that the Service Provider shall not be held liable for any material or non-material damages arising during use, beyond liability for breach of contract caused intentionally, by gross negligence, or by a criminal offense, or for breach of contract damaging life, physical integrity, or health.<\/p>\n\n\n\n

The Service Provider excludes all liability for the conduct of the Website's users. The User is fully and exclusively responsible for their own conduct; in such cases, the Service Provider fully cooperates with the acting authorities to detect infringements.<\/p>\n\n\n\n

The User is obliged to ensure that during the use of the Website, they do not infringe upon the rights of third parties or the laws, either directly or indirectly.<\/p>\n\n\n\n

    \n
  1. Copyrights<\/li>\n<\/ol>\n\n\n\n

    The Website is protected by copyright. The Service Provider is the copyright holder of all content displayed by the Service Provider on the Website and during the provision of services available through the Website: including, but not limited to, all graphics and other materials forming an integral part of the Website, the layout and editing of the Website interface, the software and other solutions used, ideas, and implementation.<\/p>\n\n\n\n

    5. Purchasing on the website  <\/strong><\/h2>\n\n\n\n

    5.1 Orders in the webshop can only be placed electronically, by using the shopping cart on the website and providing the shipping data (name, address, phone number, e-mail address). The order is considered completed once the payment has been made.<\/p>\n\n\n\n

    Payment can be made via online credit card payment or bank transfer. Payment is considered fulfilled when the consideration for the ordered goods arrives in our account.<\/p>\n\n\n\n

    Online credit card payments are processed through the Barion system. Credit card details do not reach the merchant. The service provider, Barion Payment Zrt., is an institution under the supervision of the Central Bank of Hungary, license number: H-EN-I-1064\/2013<\/p>\n\n\n\n

    Bank account number:<\/strong> 10700718-43640403-51100005<\/p>\n\n\n\n

    After processing every order received in the webshop, we send an e-mail confirmation of the order.<\/p>\n\n\n\n

    5.2 Products are delivered via Foxpost. <\/p>\n\n\n\n

    Standard domestic delivery time: generally 3-4 business days; in case of backorders, a maximum of 2-3 weeks.<\/p>\n\n\n\n

    Shipping fee:
    Home delivery via Foxpost: 2400 HUF
    Delivery to Foxpost automated locker: 1190 HUF<\/p>\n\n\n\n

    Delivery is carried out based on the general terms and conditions of Foxpost Zrt.<\/p>\n\n\n\n

    6. Right of withdrawal<\/strong><\/h2>\n\n\n\n

    The provisions in this section apply exclusively to natural persons acting outside the scope of their profession, occupation, or business activity, who buy, order, receive, use, or make use of goods, and who are the addressees of commercial communications or offers related to the goods (hereinafter \u201eConsumer\u201d). <\/p>\n\n\n\n

    In the case of a contract for the sale of a product, the Consumer is entitled to withdraw from the contract without justification within fourteen (14) days from the date of receipt of the product by the Consumer or a third party other than the carrier designated by the Consumer.<\/p>\n\n\n\n

    The Consumer may also exercise their right of withdrawal during the period between the date of conclusion of the contract and the date of receipt of the product.<\/p>\n\n\n\n

    If the Consumer wishes to exercise their right of withdrawal, they must send a clear statement containing their intention to withdraw (for example, by post, fax, or electronic mail) to the Service Provider using the contact details indicated in section 2 of these GTC. For this purpose, the Consumer may use the model withdrawal form<\/a> available via the following link. <\/p>\n\n\n\n

    The Consumer exercises their right of withdrawal within the deadline if they send their withdrawal statement to the Service Provider before the expiry of the deadline indicated above. The Service Provider shall immediately confirm the receipt of the Consumer's withdrawal statement via e-mail. <\/p>\n\n\n\n

    The Consumer bears the burden of proving that they exercised their right of withdrawal in accordance with the provisions set out in section 6.<\/p>\n\n\n\n

    In the case of withdrawal in writing, it shall be considered validated within the deadline if the Consumer sends their statement to this effect within 14 calendar days (even on the 14th calendar day) to the Service Provider. In the case of notification by post, the Service Provider shall take the date of posting into account for the calculation of the deadline, and in the case of notification via e-mail, the time the e-mail was sent. The Consumer should post their letter as a registered mail so that the date of posting can be credibly proven.<\/p>\n\n\n\n

    In the event of withdrawal, the Consumer is obliged to return the ordered product to the Service Provider's address specified in section 2 without undue delay, but no later than 14 days from the communication of their withdrawal statement. The deadline is considered met if the Consumer sends (posts or hands over to the courier they ordered) the product before the 14-day deadline expires. The cost of returning the product to the Service Provider's address shall be borne by the Consumer. The Service Provider is unable to accept packages returned with cash on delivery. Apart from the cost of returning the product, the Consumer shall not be charged any other costs in connection with the withdrawal.<\/p>\n\n\n\n

    If the Consumer withdraws from the contract, the Service Provider shall refund all payments received from the Consumer, including delivery costs (paid for shipping), without delay but no later than 14 days from the receipt of the Consumer's withdrawal statement, except for additional costs incurred because the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Service Provider. The Service Provider is entitled to withhold the refund until the product has been returned or the Consumer has provided credible proof that it has been sent back: the Service Provider shall take the earlier of the two dates into account. During the refund, the Service Provider shall use the same payment method as used in the original transaction, unless the Consumer expressly consents to the use of another payment method; the Consumer shall not incur any additional costs as a result of using this refund method.<\/p>\n\n\n\n

    The Consumer can only be held liable for the depreciation of the product if it resulted from use exceeding the use necessary to determine the nature, characteristics, and functioning of the product. The Service Provider may claim compensation for depreciation resulting from use exceeding the use necessary to determine the nature, characteristics, and functioning of the product.<\/p>\n\n\n\n

    7. Warranty<\/h2>\n\n\n\n

    We provide a 12-month warranty (\u201cguarantee\u201d) for our products. The Service Provider is only released from its warranty obligation if it proves that the cause of the defect arose after performance.<\/p>\n\n\n\n

    The User may not assert a claim for implied warranty and a warranty claim, or a product warranty claim and a warranty claim for the same defect simultaneously and in parallel; otherwise, the User is entitled to the rights arising from the warranty regardless of the warranty entitlements defined in points 8.1 and 8.2.<\/p>\n\n\n\n

    8. Warranties<\/h2>\n\n\n\n
      \n
    1. Implied Warranty<\/li>\n<\/ol>\n\n\n\n

      In the event of defective performance by the Service Provider, the User may assert an implied warranty claim against the Service Provider. <\/p>\n\n\n\n

      In the case of a consumer contract, the User qualifying as a Consumer may assert warranty claims within a 2-year limitation period from the date of receipt for product defects that already existed at the time of delivery. Beyond the limitation period, the User can no longer enforce their implied warranty rights. In the case of a contract not concluded with a Consumer, the entitled party may assert warranty claims within a 1-year limitation period from the date of receipt.<\/p>\n\n\n\n

      The User may \u2013 at their discretion \u2013 request repair or replacement, unless the fulfillment of the chosen claim is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfillment of another claim. <\/p>\n\n\n\n

      If the User did not or could not request repair or replacement, they may request a proportional reduction of the consideration, or the User may repair the defect themselves or have it repaired by someone else at the Service Provider's expense, or \u2013 as a last resort \u2013 withdraw from the contract. There is no right of withdrawal for insignificant defects. <\/p>\n\n\n\n

      The User may switch from their chosen implied warranty right to another, but shall bear the cost of the switch unless it was justified or caused by the Service Provider. The User is obliged to notify the Service Provider of the defect immediately after its discovery, but no later than within 2 months of discovery. <\/p>\n\n\n\n

      The User may assert their implied warranty claim directly against the Service Provider. <\/p>\n\n\n\n

      Within 1 year from the performance of the contract, there are no conditions for asserting an implied warranty claim other than the notification of the defect, provided the User proves that the product was purchased from the Service Provider (by presenting the invoice or a copy of the invoice). In such cases, the Service Provider is only released from the warranty if it rebuts this presumption, i.e., proves that the defect in the product arose after delivery to the User. If the Service Provider can prove that the cause of the defect arose for reasons attributable to the User, it is not obliged to grant the warranty claim asserted by the User. After six months from performance, the User is obliged to prove that the defect recognized by them already existed at the time of performance.<\/p>\n\n\n\n

        \n
      1. Product Warranty<\/li>\n<\/ol>\n\n\n\n

        In the event of a product defect, the User qualifying as a Consumer may \u2013 at their discretion \u2013 assert the implied warranty right defined in point 8.1 or a product warranty claim. However, the User does not have the right to assert an implied warranty claim and a product warranty claim for the same defect simultaneously and in parallel. In the event of a successful product warranty claim, however, the User may assert their implied warranty claim for the replaced product or repaired part against the manufacturer.<\/p>\n\n\n\n

        As a product warranty claim, the User may only request the repair or replacement of the defective product. The defect of the product must be proven by the User in the event of a product warranty claim. A product is considered defective if it does not meet the quality requirements in force at the time of its placement on the market or if it does not have the characteristics described by the manufacturer. The User may assert a product warranty claim within 2 years from the date the product was placed on the market by the manufacturer. Upon expiry of this period, this right is lost. The User is obliged to notify the manufacturer of the defect without delay after its discovery. A defect notified within two months of discovery shall be considered notified without delay. The Consumer is responsible for damages resulting from a delay in notification.<\/p>\n\n\n\n

        The User may exercise their product warranty claim against the manufacturer or distributor of the product.<\/p>\n\n\n\n

        The manufacturer or distributor is only released from its product warranty obligation if it can prove that:<\/p>\n\n\n\n