GENERAL TERMS AND CONDITIONS
The present general terms and conditions (hereinafter referred to as: „GTC”) contains the general conditions of purchase in the webshop (hereinafter: „Webshop”) operated under the URL www.numismatica.hu website (hereinafter referred to as the "Website").
The user registering on the Website, or without registering electronically initiate the purchase of an item, also agrees to the provisions of the present GTC.
Seller retains all rights to the Website with respect any of its details and / or the content displayed on it, as well as the dissemination of the Website. The download, electronic storage, processing and sales of the content or any portion of this Website is forbidden without the written consent of the Seller.
1. 1. THE SELLER
1.1. The Webshop is operated by NUDELMAN NUMIZMATIKA Kft. (seat: 1052 Budapest, Petőfi Sándor u. 16.; registration no.: Cg. 01-09-679567; tax no.: 11848853-2-41; VAT no.: HU 118 488 53).
The seller of goods to be sold in the Webshop is Nudelman Numismatics Kft. (hereinafter referred to as: "Seller").
1.2 Customer (hereinafter referred to as "Customer") is the person who has successfully purchased after registration on the Website.
1.3 The Company is authorized to trade precious metals or objects made of them by permit issued by the Hungarian Trade Licensing Office. Licence number: PR7404/1/2014
1. 2. REGISTRATION
2.1 Anyone can register on the Website.
2.2 During registration the user is required to fill in windows marked with an asterisk, and indicate real data in them.
2.3 If the Seller becomes aware of false information given, the registered user may be excluded from the use of the site.
3. SUBJECT OF THE CONTRACT
3.1 The subject of the contract may be all products (coins, auction catalogues, etc.) which can be found in the Webshop.
3.2 The user can find out the characteristics, properties of the goods from the description belonging to the article. At the items clicking on the short description the user may have a look at their detailed definition.
4. HOW TO PURCHASE, ORDER
4.1 Submission of a purchase order in the Webshop is possible electronically, via the Internet or by e-mail, in addition, it is possible that the Customer orders items by phone, fax or by mail or in person. To order something the Costumer needs to be registered.
4.2 After the item(s) are put in the basket the method of the delivery, receipt and payment can be selected. During ordering the Customer sets the delivery address.
Pushing the "order" button the Customer makes an offer to that a sale confirmation is sent automatically by the Seller within 48 hours after the order is made.
Before placing an order the Customer has the option to update the registration information given, by changing data by overwriting and recording.
4.3 Costumer is fully responsible for all those orders and other transactions in which his password was used. Costumer is not responsible for all that in case if his password has been given to unauthorized person(s) outside his own fault.
Costumer takes the responsibility for possible damages arising from giving incorrect data at ordering in this respect Seller excludes liability.
4.4 Description of the goods with pictures next to them contains together the characteristics of individual commodities.
Seller will do everything to make the data displayed on his sites (the price of the goods, contact information, description, etc.) as accurate as possible. The clearly erroneous price from the mistakes of the system does not constitute an invitation to tender. For potentially occurring errors which the Service is responsible for the provisions laid down in Government Regulation 45/2014 (II. 26.), and of the Civil Code Act V of 2013 apply.
4.5 The language of the contract is Hungarian, but after individual setting the contract can be also made in English.
4.6 The order is qualified as a contract made via Internet but not signed, its content will be in an archived file and subsequently available, retrievable. The filing number is the he identification number of the order in every case.
4.7 In case of dispute, the Customer accepts as credible the correspondence made on the administrative surface of the Website.
5.1 Receipt of purchased goods can take place in accordance with the methods of payment personally in our shop, or postal delivery.
5.2 Seller packs all goods in safety bubble wrap.
5.3 Goods ordered will be delivered by post to the address specified in the order, as registered and recorded mail. The articles will be delivered within 3-7 business days domestically. In the case of fault of the Hungarian Post Office Seller shall not be liable for loss.
5.4 Seller makes every effort to ensure that the products ordered by the Customer will be delivered within the time limits set out in the order.
5.5 Sending the order the Costumer accepts in the order the methods of delivery used by the Seller.
6.1 In the Webshop the purchase prices listed under certain items are given in HUF and EUR, including VAT.
The customer can choose when ordering to pay for the ordered goods in forints or Euros.
The USD / EUR conversion takes place at the average exchange rate published by the Hungarian National Bank valid at the time of the order.
1. 2 Payment can be done in a way selected from the methods of payment on the page – cash in case of personal receipt; via bank transfer, credit card, or within the PayPal system. With ordering the Customer agrees to take over the ordered goods and pay the purchase price to be paid in full within the time limit prescribed.
2. 3 In case of purchase on receipt of postal delivery this table contains the costs of postal delivery [HERE]. Depending on the total amount of the purchase price of goods purchased by the buyer, the system automatically calculates the fee for postal delivery. However if this option is selected it is the Customer's responsibility to gain information in advance about the exact cost of delivery by post, Seller is not liable for the correctness of the information in connection with the postage.
6.4 In the case of payment via bank transfer Buyer shall transfer the full amount of the purchase price to the Seller's bank account (available HERE). All costs related to the bank transfer are paid by the Customer.
6.5 In case of payment with credit card the Customer will be directed by the Seller to the website of the K&H Bank (hereinafter: “Bank”, where the Customer can pay with his credit card through an encrypted transaction currently considered to be the safest, used by the Bank. The Bank accepts VISA Classic, VISA Electron and Eurocard/MasterCard type cards.
The Bank carries out and ensures the orderly conduction of the payment transaction, the management of credit card data, data encryption and the safety of the process. Seller provides the data necessary for the payment transaction and will be informed by the Bank about the outcome of the transaction. Seller is not liable for the issues related to the payment process, belonging to the competence, sphere of interest of the Bank or the credit card issuing bank.
6.6 In case of payment in the PayPal system the transaction takes place via PayPal surface. Banking and personal data related to the payment are not managed or stored by Seller in any form.
6.7 The content of one basket can be paid only in one form and currency.
6.8 Following the payment via electronic method Seller will make out an electronic invoice and send it to the customer in an e-mail.
6.9 In case of cash on delivery, or cash payment Seller will issue a paper printed invoice and attach to the package or give to the Customer together with the purchased good.
6.10 Seller shall issue the invoice referring to the purchase based on data provided by the Customer. Costumer acknowledges that Seller shall indicate the gross purchase price of the sold goods on the invoice in every case, and Customer shall pay in every case the gross purchase prices of the goods, indicated by the Seller.
7.1 Under Government Regulation 45/2014 (26/2) Customer may cancel the purchase without explanation within 14 days after receipt. The Customer's right of withdrawal must be indicated in a clear written statement by the Customer. The Customer may exercise the right of withdrawal in the period between the date of conclusion of the contract and the date of receipt of goods.
7.2 In case of home delivery the date of receipt (i.e. acceptance of the article) is the date of receipt from the courier, justifiable with the receipt from the courier. Taking over personally does not exclude the enforcement of the right of withdrawal.
7.3 In case of withdrawal, the Customer is obliged to return the complete item on his own expense to the Seller to the address given in this GTC. Under the laws in force Seller is obliged to reimburse the purchase price of the returned item(s) and the costs which may be incurred immediately, but within 14 days the latest after the return of the item(s).
7.4 Seller shall reimburse the delivery cost exclusively in case of cancellation of the entire order. In case of cancellation, the customer is charged only for the cost of returning the product. Seller shall reimburse the purchase price of the items and the delivery cost (or the sum paid as compensation by the Customer) only in the case, if the Customer has given the items back, or has justified without any doubt that he has returned them within 14 calendar days after the announcement of his withdrawal – Seller takes into consideration the earlier date from the two ones.
7.5 During reimbursement Seller shall use the same method of payment used in the original transaction, except Customer gives his express consent to the use of another method of payment. In case of using another method of payment Customer will not be charged by any extra expenses.
7.6 In case of cancellation, Seller may demand from the Customer compensation for damage, loss of value owing to improper use of the article.
7.7 Under Government Regulation 45/2014 (26/2) Customer shall not exercise the right of withdrawal if the item is purchased in a public auction, and even if he takes it over personally in the Seller’s shop.
8.1 Seller warrants the authenticity of each commodity to be marketed in the Webshop.
8.2 Warranty of supplies
In case of error of the ordered item (s) pursuant to the provisions of to the Civil Code Customer may submit a demand of warranty of supplies enforceable against the Seller. During the enforcement of the demand of warranty of supplies Customer may ask for the repair or replacement of the defective product, except the repair or replacement is impossible, or would mean a disproportionate additional cost for the Seller. If the Customer has not or may have not asked for a repair or replacement, he may require a proportionate price reduction, he may repair or may have repaired the product on the Seller’s expense, or may withdraw from the contract if the Seller has not undertaken or could not implement the repair or replacement, or if his interest in the repair or replacement discontinued. The substantive evidence of the discontinued interest is the obligation of the Customer. Due to insignificant error cancellation is not allowed.
Customer is obliged to report the error immediately, but not later than within two (2) months after its discovery. However, Customer may not assert the rights of a warranty beyond the two (2) year limitation period from the date of completion of the contract.
Within six (6) months from the date of fulfilment Customer needs to enforce a warranty with no other condition beyond the disclosure of errors, if Customer proves that the item was sold for sale by the Webshop operator. However, after six (6) months from the date of expiry of fulfilment Customer has to prove that the error detected by the Customer existed already at the time of fulfilment.
Customer may revert from his chosen right of warranty to another one, but he has to bear the cost of reversion, unless it was justified or Seller gave a cause for it.
8.3 Product warranty
Instead of warranty of supplies Customer may assert a claim of product warranty against the manufacturer or distributor.
In case of product warranty, the customer may require only replacement of the defective item (rectification). The item is defective if it does not meet the quality requirements in force at the time of marketing, or if it does not have the characteristics included the manufacturer's specification. In this case Customer has to prove the error in the item.
The product warranty claim can be validated within two (2) years from the placing of the product on the market. The manufacturer / distributor will only be exempt from the product warranty obligation, if he proves that the product is not manufactured within the scope of his business, and put on the market; or the failure was not recognizable according to the state of science and technology at the time of marketing; or failure of the product resulting from the legislation, regulatory requirements and mandatory application. It is sufficient if the manufacturer / distributor proves one cause.
A warranty of supplies and a product warranty demand cannot be validated in parallel at the same time.
9. DATA MANAGEMENT
9.1 Seller shall electronically record and archive all written documents related to the orders and purchases, keep them confidential, and use them only and exclusively for purposes related to fulfilment of orders and the purchase.
9.2 Seller assumes an obligation that he shall manage the data in his possession in compliance with the provisions embodied in CXII. Act of 2011 about freedom of self-determination and information and Seller’s Privacy Act and Regulations (See here).
9.3 Submitting the order Customer expressly agrees that Seller forwards the data given by the Customer to the (delivery) subcontractor used at the fulfilment of the contract.
10. HANDLING OF COMPLAINTS
10.1 If the Customer has any complaints about the purchased good, the contract or its fulfilment, he can indicate his complaint on the e-mail address given below, by phone, by postal mail or personally in words at the seat of the Seller.
10.2 Seller shall promptly investigate the oral complaints and remedy if necessary. If the Customer does not agree with the handling of the complaint, Seller shall make a record about the complaint and his position related to that, and shall provide a copy of that to the Customer. If an immediate investigation of the complaint is not possible Seller shall make a record of the complaint, and shall provide a copy to the customer.
10.3 Seller shall reply for the written complaint within 30 days in writing after its receipt. He shall justify his position of rejecting the complaint. He shall keep a copy of his reply for 3 years, and show it to the control authorities on request.
10.4 Customer can announce his complaints related to Seller’s activity at the following contacts:
NUDELMAN NUMIZMATIKA Kft.
Address: 1052 Budapest, Petőfi Sándor u. 16.
E-mail address: email@example.com
National Authority for Consumer Protection
Address: 1088 Budapest, József krt. 6.
Mailing address: 1428 Budapest, Pf.: 20.
Central phone number: +36 (1) 459-4800
Fax: +36 (1) 210-4677
National Authority for Data Protection and Freedom of Information
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/C
Mailing address: 1530 Budapest, Pf.: 5
Phone number: +36 (1) 391-1400
Fax: +36 (1) 391-1410
E-mail address: firstname.lastname@example.org
Budapest Arbitration Board
Address: 1016 Budapest, Krisztina krt. 99.
Phone number: (1) 488-2131
Fax: (1) 488-2186
Name: Dr. Baranovszky György
E-mail address: email@example.com
See the list of conciliation bodies found in Hungary here: http://www.ofe.hu/inet/ofe/hu/menu/bekeltetes.html
1. 11. OTHER PROVISIONS
11.1 The system of the Seller may collect data about the Customer’s activity that cannot be linked together with the other data given by the Customer when registering or other data resulting from the use of other websites or services.
11.2 Seller shall be entitled to send newsletter or other promotional letter to the registered user, if the user agreed to it in advance, clearly, specifically and voluntarily giving the correct data at the registration. Seller shall not be obliged to control whether the data given by the user at registration or when giving his consent are true and correct.
11.3 User shall be entitled to withdraw his voluntary consent mentioned in the preceding section 10.2 at any time. In this case following the withdrawal Seller shall not send any newsletter or other promotional letter to the user, and removes the user's information from the data of users subscribed for the newsletter.
10.4 Seller, as the operator of the Website and Webshop reserves the right to unilaterally change the provisions of the present GTC. Provider shall publish the amendments ten (10) calendar days prior to their entry into force on the Website.
11.5 If Seller does not exercise his or her rights under any of these GTC, Failure to do so cannot be considered as waiver. Waiver of any right is only valid in case of expressed written statement referring to that. If once Seller does not strictly stick to a provision or clause of this GTC, it does not mean to waive that later insists on strict compliance with the relevant provision or clause.
11.6 Issues not covered in the present GTC shall be governed by the following acts:
Act V of the year 2013 of the Civil Code
Act CVIII of 2001 about the e-commerce services, the individual aspects of information society services
Act CXII of 2011 on the right to self-determination and freedom of information.
on detailed rules for contracts between the consumer and the business 45 /
April 10, 2015