General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as the “GTC”) set out the rights and obligations of the user (hereinafter referred to as the “User”) of the electronic commerce services (hereinafter referred to as the “Service”) provided by the Museum of Ethnography (hereinafter referred to as the “Service Provider”) on the etnoshop.hu website (hereinafter referred to as the “Website”) within the framework of the Etnoshop webshop, as well as the rights and obligations of the Service Provider.
By ordering the product(s) on the Website, the User accepts and acknowledges the GTC as binding on them.
1. Definitions
Service Provider: for the purposes of the GTC, the Ethnographic Museum is considered the Service Provider.
User: any natural person, legal entity or organisation that uses the Service Provider’s services, concludes a contract with the Service Provider.
Service: the transfer of ownership and possession of the products available on the Website operated by the Service Provider to the User for consideration.
Registration: during registration, the User provides their personal data, username and password. The Service Provider stores the data. During subsequent purchases, the stored data will load itself, thus it is not necessary to re-enter the data required for the order or purchase each time.
Sales contract: an individual sales contract concluded between the Service Provider and the User through the webshop for the purchase of one or more products offered on the Website. Both the General Terms and Conditions and the sales contract shall be deemed to be a distance contract within the meaning of Government Decree No. 45/2014 (II. 26.). In all cases, the provisions set out in the present GTC shall form an integral part of the individual sales contracts.
2. Scope of the GTC
2.1. The personal scope of the GTC applies to the Service Provider and the persons registering and/or purchasing on the Website.
2.2. The material scope of the GTC covers the products on the Website.
2.3. By registering or placing an order through the Website, the User accepts to be bound by all the provisions of the GTC. If the User does not accept the provisions of the GTC, they are not entitled to use the Website.
2.4. The GTC apply to all uses of the Service Provider’s service (mobile website, mobile applications, Facebook page, etc.) through which the Service Provider’s ordering system is accessible.
3. Data of the Service Provider
Name of the Service Provider: Museum of Ethnography
Registered office of the Service Provider (and the place of handling complaints): H-1055 Budapest, Kossuth Lajos tér 12.
Service Provider’s regularly used email address for contact purposes: shop@neprajz.hu
Service Provider’s registration number:
Tax number of the Service Provider: 15321178-2-41
Name of the registration authority: Budapest-Capital 14th District Zugló Municipality Mayor’s Office Administration and Authority Department
Service Provider’s phone number: +36 70 465 4080
Name, address and email address of the hosting provider: Moon42 RDI Kft.; H-1036 Budapest, Perc utca 8.; new@moon42.com
4. General provisions
4.1. The issues not regulated in the GTC and the interpretation of the present GTC shall be governed by Hungarian law, in particular the provisions of Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“Electronic Commerce Act”), and the provisions of Government Decree No. 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The parties shall be bound by the mandatory provisions of the applicable law without any special clause.
4.2. The GTC is in force as of 7 April 2022 and shall remain in force until revoked. The Service Provider shall publish any amendments to the GTC on the Website and notify registered Users of the changes by email. The amendments shall not affect previously concluded contracts.
4.3. The Service Provider reserves all rights with respect to the Website, any part thereof and the content appearing thereon, as well as the distribution of the Website. Downloading, electronically storing, processing or selling the content of the Website or any part thereof without the written consent of the Service Provider is prohibited.
4.4. The Service Provider shall not be liable in connection with the sale of products published on other websites not linked to the Service Provider and not operated by the Service Provider.
5. Registration, purchase
5.1. During registration or purchase, the User shall provide their own real data. In the event of providing false data during purchase or registration, or providing data that can be linked to another person, the resulting electronic contract will be null and void. The Service Provider excludes its liability if the User uses its services on behalf of another person, using the data of another person.
5.2. The Service Provider shall not be liable for any delivery delays or other problems or errors due to the provision of incorrect and/or inaccurate data by the User. However, the Service Provider may correct the incorrectly entered data in the order after consultation with the User and clear identification, so that invoicing and delivery are not hindered.
5.3. The Service Provider shall not be liable for any damages resulting from the User forgetting their password, or from the password becoming accessible to unauthorised persons for any reason not attributable to the Service Provider, or from the password becoming accessible to third parties for any reason not attributable to the Service Provider.
6. Scope and price of the products on sale
6.1. The products displayed can be ordered online from the webshop. The prices displayed for the products are gross prices, expressed in HUF, but do not include charges for delivery and payment.
6.2. The Service Provider reserves the right to change the prices of the products that can be ordered from the Website, with the modification coming into effect upon its publication on the Website. The change will not affect the purchase price of products already ordered.
6.3. On the Website, the Service Provider shall display the name and description of the product and a photo of the product.
6.4. If, despite all the care taken by the Service Provider, an incorrect price is displayed on the Website, or a price of HUF “0” or HUF “1” due to a system error, the Service Provider will not be obliged to confirm the order at the incorrect price, but has the option to reject the offer and may offer to confirm the correct price, in the knowledge of which the User has the option not to accept the modified offer. Incorrect price means a price at which the contractor does not have the contractual will to conclude the contract. According to Act V of 2013 on the Civil Code (Civil Code), a contract is formed by the mutual and unanimous expression of the will of the parties. If the parties cannot agree on the terms of the contract, i.e. if there is no mutual and unanimous declaration of the parties’ will, there is no valid contract, which would give rise to rights and obligations.
7. Formation, term and termination of the Sales Contract
7.1. All goods available in the webshop on the Website can be ordered. For information on the properties, characteristics and ordering conditions of the products, please refer to the product description.
7.2. Users can start the order by adding the product of their choice to their electronic shopping cart. The User can collect the products selected for purchase by clicking on the “Add to Cart” button on the product page. The user can view the selected products by clicking on the top right cart icon (“View Cart”). If the User does not wish to add any more products to the shopping cart, they click on the shopping cart icon and order the products by entering their personal, shipping and invoicing information. The order will be accepted by the Service Provider only if the User fills in all the data required for the order.
7.3. After clicking on the “Shopping Cart” button as described in Section 7.2, the User will be taken to the product summary page, where they can see the products they have selected for ordering. Here the User can check which products they have ordered before finalising the purchase, and the order can also be modified.
7.4. By clicking on the “Proceed to checkout” button on the Shipping page, the User can enter the shipping address, then the shipping and payment method, which are as follows.
Shipping methods:
(a) Packeta delivery requested by the User: For purchases under HUF 15,000, delivery is subject to a charge as indicated on the Website, for purchases of HUF 15,000 or more, delivery is free of charge in Hungary.
(b) The User takes over the purchased products in person at the shop of the Museum of Ethnography during opening hours.
Payment methods:
Online bank card: The User may pay the total amount of the order online by bank card through the secure payment system of the financial service provider used by the Service Provider.
Bank card payment using SimplePay: The User acknowledges that the following personal data stored by the Service Provider in the user database of http://etnoshop.hu will be transferred to OTP Mobil Kft. as data processor. The scope of the data transmitted by the data controller is as follows: invoicing name and address, email address, telephone number.
The nature and purpose of the processing activities carried out by the data processor can be found in the SimplePay Privacy Notice, at the link below: https://simplepay.hu/vasarlo-aff
7.5. The User will receive an automatic order confirmation email from the Service Provider when choosing any payment method.
7.6. If this confirmation is not received by the User within a reasonable period of time, depending on the nature of the service, but not later than 48 hours from the date of sending the User’s order, the User shall be released from the obligation of a binding offer or the obligation of contracting. The order and its confirmation shall be deemed to have been received by the Service Provider or the User when it is made available to them. The Service Provider excludes its liability for confirmation if the confirmation does not arrive in time because the User has entered a wrong email address during registration, or because the storage space of the User’s account is full or because of other system errors.
7.7. The User acknowledges that the confirmation referred to in the previous clause is only an automatic confirmation and does not constitute a contract. The contract shall be concluded when the Service Provider notifies the User of the details of the order and its expected fulfilment in another email following the automatic confirmation mentioned in the previous clause.
7.8. If the ordered product is not available, the Service Provider shall inform the User thereof by email within 2 working days, and shall refund, within 30 days of the notification at the latest, the prepaid amount to the User without the payment of interest.
7.9. If the product ordered is available, the Service Provider will send a second confirmation email to the User that the product has been handed over for delivery or, if the User chooses to collect the product in person, the product can be collected from the Service Provider.
7.10. The individual Sales Contract is concluded at the moment when the User receives the second confirmation email from the Service Provider. These Terms and Conditions form an integral part of the individual Sales Contract concluded between the Service Provider and the User.
7.11. The Sales Contract does not qualify a written contract, it is a distance contract concluded electronically. The Service Provider shall not register the Sales Contract separately.
7.12. The individual Sales Contract is concluded for a fixed term until its performance by both parties.
7.13. The individual Sales Contract shall be terminated:
(a) if the User fulfils its payment obligation at the time of the conclusion of the individual Sales Contract, the contract shall terminate on the same day on which the Service Provider performs its own service to the User.
(b) if the User exercises the right of withdrawal, on the day on which the Service Provider received the statement of withdrawal.
8. Performance of the order
8.1. The general deadline for performance is 7 working days from the conclusion of the contract.
8.2. Based on the Sales Contract, the Service Provider shall transfer the ownership of the item, the User shall pay the purchase price and take possession of the item. The User may modify or cancel the order until the Service Provider has handed it over for delivery. The User acknowledges that after the above moment they can only exercise their right of withdrawal to modify or terminate the order.
8.3. In the event of delay on the part of the Service Provider, the User may set an additional deadline. If the Service Provider fails to perform within the additional deadline, the User may withdraw from the contract.
8.4. The User may withdraw from the contract without setting an additional deadline if
The Service Provider has refused to perform the contract.
8.5. The Service Provider hereby informs the User that if the User fails to accept the products ordered and delivered in accordance with the contract, they commit a breach of contract, falling in delay according to the provisions of Section 6:156(1) of the Civil Code.
8.6. The date of receipt of the ordered product is the date of acceptance from the service provider delivering the parcel in the case of delivery, or the date of accepting the order in the case of receipt in the shop.
9. Withdrawal
9.1. According to Government Decree No. 45/2014 (II. 26.), the customer (User) may withdraw from the contract within 14 days without cause. The customer (User) may exercise the right of withdrawal within 14 days of receipt of the product. In case of withdrawal, the customer (User) shall submit a written statement of withdrawal to the Service Provider by registered mail or by email from the email address provided during the purchase/registration to the email address shop@neprajz.hu.
9.2. In case of withdrawal, the customer (User) shall return the product in perfect condition, at their own expense, to the address of the Service Provider (H-1055 Budapest, Kossuth Lajos tér 12.). The customer (User) may exercise their right of withdrawal by using the model statement contained in the present GTC or by means of an express declaration to that effect. The Service Provider will refund the price of the returned products free of interest within 14 days from the date of obtaining knowledge of the withdrawal: the receipt of the statement of withdrawal and the product in perfect condition. In the event of withdrawal, the customer (User) shall bear only the cost of returning the product. The Service Provider may withhold the refunding of the purchase price of the product until the customer (User) has returned the product undamaged. For the refund, the Service Provider will use the payment method of bank transfer, the refund will be made to the bank account number provided by the customer (User) in the statement of withdrawal. No additional costs will be charged to the customer (User) as a result of this refund method.
9.3. The customer (User) acknowledges that the Service Provider will not refund the purchase price of the product returned due to unjustified withdrawal, if the product is not returned in perfect condition.
10. Handling complaints
10.1. In the event of any complaints, claims or data entry errors that may arise during the purchase, the User may contact the Service Provider at one of the following contact details:
By phone at the number +36 70 465 4080.
By email at shop@neprajz.hu.
By postal mail at H-1055 Budapest, Kossuth Lajos tér 12.
10.2. When submitting a complaint, we recommend to provide the following information:
(a) detailed information and the circumstances relating to the subject matter of the complaint, the nature and a detailed description of the contested procedure;
(b) the request of the User,
(c) contact details of the User regarding the handling of the complaint.
10.3. The Service Provider shall respond to the complaint within 14 calendar days of its submission at the latest.
10.4. If the User’s complaint is rejected, the User may initiate an administrative procedure or the procedure of the arbitration board with the Budapest Arbitration Board.
10.5. Furthermore, the User may lodge a complaint with the district office of their place of residence if they hold that the Service Provider has committed a violation of the law in the context of the legal environment of consumer protection in relation to their complaint.
11. Processing of personal data
The detailed rules for the processing of the User’s personal data are set out in the Service Provider’s Privacy Notice.
12. Copyrights
12.1. Since http://etnoshop.hu as a website is a work protected by copyright law, it is prohibited to download (reproduce), retransmit to the public or in any other way use, electronically store, process and sell the content or any part of the content of the http://etnoshop.hu website without the written consent of the Service Provider. At the same time, the User may download and store the GTC and the Privacy Notice in any form without any conditions or restrictions.
12.2. Reproduction any material from the http://etnoshop.hu website and its database is only allowed by providing a link to that website, even in the event of obtaining a written consent.
12.3. The Service Provider reserves all rights to all elements of its service, its domain names, the secondary domain names formed with them and its Internet advertising spaces.
12.4. It is prohibited to adapt or decompile the content of the http://etnoshop.hu website or any part of it; to create user IDs and passwords in an unfair manner; to use any application that could modify or index the Website or any part of it.
12.5. The name http://etnoshop.hu is protected by copyright, and its use, with the exception of referencing, is only possible with the written consent of the Service Provider.
12.6. The User acknowledges that in the event of unauthorised use, the Service Provider shall be entitled to a penalty. The penalty amount is HUF 50,000 gross per image and HUF 10,000 gross per word. The User acknowledges that this penalty clause is not excessive and browses the Site with this in mind. In the case of copyright infringement, the Service Provider will apply for a notarial certification of facts, the amount of which will also be charged to the infringing user.
Annex:
Annex 1: Model statement of withdrawal
Budapest, 04. 21. 2022
Annex 1: Model statement of withdrawal
(fill in and return only if you wish to withdraw from the contract)
Addressee (name, postal address, email address): Museum of Ethnography H-1055 Budapest, Kossuth Lajos tér 12.; shop@neprajz.hu
I, the undersigned, declare that I withdraw from the sale and purchase of the following goods:
Date of order / date of receipt:
Name of the Consumer:
Name of the Consumer:
Consumer’s signature (only in case of written notification):
Date:
