Terms and Conditions
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Tóth Paula Self Entrepreneur, 40 Arany János u., Törökbálint, Hungary, 2045, Tax number: 66923170-1-42, registration number: 40998894 (“the Company”). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at firstname.lastname@example.org.
- Act V of 2013 on the Civil Code (hereinafter: Civil Code);
- Act CLV of 2014 on consumer protection;
- Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter: E-commerce Act);
- Act LXXVI of 1999 on Copyright;
- Decree no. 45/2014. (II. 26.) on the detailed rules of contracts concluded between consumers and businesses;
- Decree no. 151/2003. (IX. 22.) on the mandatory guarantee concerning durable consumer goods;
- Decree no. 19/2014. (IV. 29.) NGM on the procedural rules for administering guarantee and warranty claims on things sold within the framework of contracts between consumers and businesses.
- The contract between us
We must receive payment of the whole of the price for the goods that you order (including delivery charges) before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us when cleared funds are received by the Company or notification from a third-party payment agency that the full sum has been received. Only at this point is a legally binding contract created between us.
- Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
- Ownership of rights
3.1 All rights, including copyright, in this website are owned by or licensed to Wallplex Hungary Kft. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3.2 All intellectual property including but not limited to books, photographs drawings, plans, sketches, (“the Media”) that are forwarded to or shared with the Company are received by the Company on the basis that you have the rights to permit the Company to use the Media for the purposes of fulfilling your order. You shall indemnify The Company and keep the Company indemnified against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the use of the Media.
- Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
- Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are not available for dispatch with our quoted time period, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
- Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process. However, please notify us of any errors when you notice them and we will do our best to make corrections during the manufacturing process.
The prices payable for goods that you order are as set out on our website. All prices are exclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
- Payment terms
We will take payment at the time of ordering from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
9.1 Payment methods
Payment can be made via:
- Direct Brank Transfer
- Credit Card – PayLike (Visa, Visa Electron, Mastercard)
More information on the payment methods can be found here.
- Delivery charges
Delivery charges vary according to the quantity of goods ordered and the location of the delivery address.
11.1 Our delivery charges are set out on our website and are correct to the best of our knowledge at the time of you placing your order.
11.2 In the event that your order is over sized or over weight as specified on the website, or your delivery address excluded from normal delivery rates (see 11.3 below) you may be required to pay extra delivery charges and it might not be possible for us to deliver to some locations.
11.3 Please note that our prices set out on the website for delivery are solely for deliver to addresses within 17 countries in the European Union. These countries are as follows: Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Slovakia, Slovenia, Spain, Sweden, Romania and the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, Scilly Isles, parts of Scotland, and the Channel Isles. For delivery to these excluded addresses or to other countries in Europe, please E-mail us at email@example.com with details of you preferred delivery address.
11.4 We will deliver the goods to the address you specify for the delivery of your order. It is important that this address is complete and accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods within 10 working days (14 days). However, it must be stressed that this is an estimate and this lead time may increase or decrease dependant on the current workload being processed through the Wallplex Hungary Ltd factory. In any event, we will deliver your goods within 20 working days (28 days) from the day after the day we acknowledged your order. If delivery is delayed beyond 20 working days (28 days), we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
11.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
- Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. You will only own the goods once they have been successfully delivered.
- Cancellation Rights
Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person who has concluded a legal transaction with a certain objective which cannot be ascribed to his commercial or independent professional activity.
13.1 Right of Revocation
Customers have the right to cancel a contract within a period of 14 days without specifying any reasons (with the exception of any made to order items). All Splashbacks and that is produced in non-standard size or colour are considered bespoke. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
The revocation period lasts 14 days and starts when a customer, or a third party named by a customer, receive the goods (in case of different delivery times of several items within one order, the period starts from the delivery of the last one).
To exercise your right of cancellation please notify us about your decision to withdraw from the contract. You can do this in two ways. You can either fill out this cancellation form and send it to us by e-mail to firstname.lastname@example.org or complete and submit a digital cancellation available here. After submitting the digital form, a success message will be shown on your screen, and we will get back to you in a short period of time.
The period of time for revocation of the contract is deemed observed if the revocation notice is sent before the deadline.
13.2 Consequences of Revocation
If a customer withdraws from the contract, we will refund all the payments received from the customer, within 14 days from the date on which the notification of cancellation is received. For refunds we use the same method of payment that was used in the original transaction, unless we explicitly agreed otherwise; the customer will not be charged fees for such repayment.
We will withhold the reimbursement until we have received the goods as we have to make sure if the goods are undamaged and if everything is fine, we will immediately refund all the payments received from the customer.
The goods have to be returned promptly and in any case within 14 days since the notification of cancellation. The deadline is met when the goods are sent before the end of the 14 days period.
Returning your order is at your own cost.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you
If you have received the goods before you cancel your contract then you must send the goods back to our contact address (23/A Saláta u., Budapest, Hungary, 1188) at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk, as soon as possible.
13.3 Exclusion of Right of Revocation
The right of revocation does not apply in case of goods which are made to order and made to the customer’s specifications or are clearly tailored to the customer’s personal needs. All Splashbacks and that is produced in non-standard size or colour are considered bespoke.
- products are created individually on the basis of motives provided by the customer
- products are produced in special designs, colours based on customer’s request
- products are produced in non-standard size
Concerning the nature of the product, the right of revocation does not apply if the consumer makes any modifications to the product (kitchen splashback) e.g. cutting or if it has already been fixed to the wall.
13.4 Important note regarding return shipments: Please do not send us any carriage forward packages, in order to avoid unnecessary additional costs. We will not bear the return costs as this is not a requirement for the effective exercise of the right of revocation.
13.5 Returning your order is at your own cost. Please keep in mind that it will cost a lot to return the parcels, so be sure to think carefully which item you would like to order so you will not have to spend money on returning your order.
- Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 We have insufficient stock to deliver the goods you have ordered;
14.1.2 We do not deliver to your area; or
14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15.1 The warranty is subject to legal regulations based on the Gov. Decree no. 151/2003. (IX. 22.) on the mandatory guarantee concerning durable consumer goods and the Decree no. 19/2014. (IV. 29.) NGM on the procedural rules for administering guarantee and warranty claims on things sold within the framework of contracts between consumers and businesses, unless otherwise regulated hereinafter.
15.2 Examples shown online may not truly reflect the products according to the quality, size and colour. Especially in case of printed patterns there might be slight variances in structure and colour. We therefore commit ourselves to only supply the products of the same sort and quality.
15.3 If the customer is a consumer the warranty period is 1 year from date of delivery.
15.4 If a defect occurs within the statutory warranty period, we hold the right to choose whether we will repair or replace the item. If the repair is twice unsuccessful or if the replacement is also defective, the customer holds the right to either cancel the purchase agreement and we will make a full refund or reduce the purchase price. Further claims remain unaffected.
16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 20 working days (28 days) of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
16.5 The Company warrants that the goods are made to a satisfactory standard in accordance with the specification. If they are not, the Company will remake them or refund the price. No liability is accepted for any economic or consequential loss, direct or indirect, which may be claimed to result from any defects. Save in respect of liability for death or personal injury caused by defects in manufacture the Company’s liability for any cause shall not exceed the price of the goods.
Vouchers cannot be paid in cash. On revocation of an order in which a voucher has been used, the customer is not entitled for the cash pay-out. Instead, the customer receives another voucher with the same amount. If the order value exceeds the value of the voucher, only the difference will be refunded. In case of cancellation of a purchase of a gift voucher (paid) these restrictions do not apply.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address at email@example.com, and all notices from us to you will be displayed on our website from time to time.
- Changes to Legal Notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
- Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Hungarian law. Parties to any such contract agree to submit to the exclusive jurisdiction of the Curia of Hungary. All contracts are concluded in Hungarian.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Customer’s personal data, provided voluntarily through our website, will be stored by us and used exclusively for providing order services. For more information regarding handling personal data please see our Privacy-policy.
Budapest, 29 April 2020