GENERAL TERMS AND CONDITIONS
The present general terms and conditions (hereinafter: “GTC”) shall regulate and specify the conditions of the registration made by the Customers on the website at www.maisonelysian.com(hereinafter: “Website”) operated by Babka Budapest Kft. (hereinafter: “ELYSIAN” or “Company”), furthermore the GTC defines the conditions and the related relevant circumstances of using the webshop by the Customers available on the Website, which allows the Customers to be able to purchase products from ELYSIAN.
1., DATA OF ELYSIAN
Company name: Babka Budapest Kft.
Registered seat: 1137 Budapest, Pozsonyi út 3.
Tax number: 24095684-2-41
Registration number: 01-09-375156
E-mail address: firstname.lastname@example.org
Language of the contract: English
Barion: shall mean Barion Payment Zrt. (registered seat: 1117 Budapest, Infopark sétány 1. I. épület 5. emelet 5. Hungary, VAT: 25353192), a third-party payment processor.
Bag: shall mean a virtual shopping bag, where users are able to place the Products, they are intending to buy from ELYSIAN.
Customer: a natural person who registered an account on the Website as a natural person or on behalf of a legal person.
Delivery: the event when the Package arrives at the User
GTC: shall mean the present general terms and conditions of ELYSIAN.
Order: means the order placed by the User on the Website.
Package: means the container and its contents that is sent from ELYSIAN to the User after placing an Order on the Website.
User: shall mean natural persons who use the Website including the Customer.
Website: shall mean the website at www.maisonelysian.com operated by ELYSIAN and all subdomains thereto, through which ELYSIAN provides the Service.
3., EFFECT AND AMENDMENT OF THE GTC
ELYSIAN is entitled to amend in part or in whole the present GTC at any time. The Company will inform the Customers as well as the visitors of the Website on the latest amendment of the GTC. The GTC and the respective amendment of it shall be effective as of itspublication and after the publication of the respective amendment the User accepts and considers itself to be bound by the provisions of the amended and effective GTC.
4., THE WEBSITE
4.1 Territorial scope of the Website
The Website of ELYSIAN is available from Hungary and from abroad as well with an appropriate device, and with the help of internet. Unless any possible technical and legal limitation, there is no restrictionof using the Website.
4.2 Condition of using the Website
The services and webshop provided by ELYSIANare solely available through the Website for the Users.
No person under the age of 16 may register on the Website as a Customer, furthermore shall not place an order. By registering or placing an order on the Website, the Customer or the User acknowledges and warrants that as of the registration and ordering he/she has reached the age of 16.
4.3 SUBJECT OF THE WEBSITE
ELYSIAN provides information about its business as well as a webshop on its Website which allows the Customer to purchase premium quality, branded designer clothes and accessories directly from ELYSIAN.
5., THE CONTINUOUS OPERATION OF THE WEBSITE
The Company shall use its best endeavors to ensure the continuous availability of the Website and the Service available on the Website, however, due to the nature of the Internet, ELYSIAN cannot guarantee the continuous operation and the continuity of the Website. ELYSIAN shall not be liable for any direct or indirect damages resulting from technical breakdown, break or destructive applications or programs placed by third parties independent of the Company.
ELYSIAN will take all reasonable steps to ensure that you visit and use the Website, for security and reliability, however, there may be technical errors that ELYSIAN assumes have been acknowledged by the Users of the Website. ELYSIAN reserves the right to restrict or suspend the availability of the Website at any time if this is necessary for the security, maintenance and proper functioning of the Website. The Company may modify or improve the Website at any time and may expand the range of services provided.
6., REGISTRATION OF THE CUSTOMER
Creating an account as a Customer
In order for a Customer to be able to purchase items from the Website, it is not necessary to create an account (hereinafter: “Account”), however it is recommended for the easier checkout process in the future. If a natural person creates an Account on behalf of a legal person Customer, he/she warrants by registration that he/she is entitled to represent the legal entity and to make declarations in the name of and on behalf of the legal person.
The Customer shall be responsible for the correctness, accuracy, and authenticity of the data provided during registration. The Customer shall be solely responsible to modify any data given during the registration that has been changed.
By creating an Account, the Users can save their shipping and billing information for an easier and faster checkout and can review their order history.
6.2 Registration as a Customer
Registration as a Customer is performed by entering the Customer’s name (last name and first name in the case of a natural person, company name in the case of a legal person), contact details (e-mail address, phone number) and password, as well as the country in which the Customer resides. After registration, the Customer is able to provide their billing and shipping information. This data can be modified by the Customer both during and after the registration. The Customer may decide to delete its Account at any time, however, in the case of a pending order, the Account may not be deleted until the order is delivered. If the Customer intends to delete its Account, then the Customer may do so within the Account by following the instructions in the “Delete Account” menu item, or the Customer may request the deletion by notifying ELYSIAN of its cancellation request at email@example.com e-mail address.
6.3 Confidentiality and security of the Account
The Customer shall be responsible to ensure the confidentiality and security of the Account. The Customer shall be responsible for the disclosure of the login details to third parties. The Customer shall promptly inform ELYSIAN if there is any suspicion of loss, theft or other compromise of their login details, or of any suspected or actual unauthorized access to the Account. The Customer shall be responsible for the use of the Account and any statement made through the Account.
7., MAKING A PURCHASE ON THE WEBSITE
Visitors do not have to register to browse the Website or toplace an Orderbut registering and creating an Account with ELYSIAN will allow the Users to fully enjoy the Website.
7.1 The Shopping Bag
The Bag holds the products the User selected to purchase (hereinafter: “Product”) until the User removes or purchases them, or until the Product is automatically removed from the Bag because it becomes unavailable (e.g. becomes out of stock). The Products will remain in the Bag even after the User leaves the Website.
ELYSIAN may send email notification, while the Customer is logged into its Account, to the e-mail address of the Customer provided during the registration on the Products he/she left in his/her Bag after leaving the Website.
Please note that the Products in the User’s bag are not reserved for her/him, the Products in the User’s Bag are still available for other Customers until the User places an order and purchases the item.
After selecting the ‘Bag’ menu item on the Website, Users are able to make changes to the Products that their Bag holds, for example they can remove it from the Bag or change the size of the Product.
7.2 Placing an Order
In order to purchase Products available on ELYSIAN’s Website, Users first have to put the desired Product or Products into their Bag. After the User is done with browsing and selecting the Products, they have to indicate that they wish to purchase the selected Products by clicking on the ‘Proceed to checkout’ button in the ‘Bag’ menu item. After clicking on the ‘Proceed to checkout’ button the User is able to check the items intended to be purchased (order summary).
In the checkout section Users have to enter information about their shipping and billing addresses as well as their payment information in the relevant fields. Customers, if such data was provided after the registration to the Website, are able to browse their address book to choose their preferred shipping and billing addresses for the Order.
During the checkout the User can choose the preferred shipping method from the options indicated on the Website. The fee to be paid after each shipping method will be indicated alongside with the shipping method it refers to. If the User does not select a specific shipping method, the Order will be delivered with an ordinary shipping time and terms. Apart from the applicable and effective legal restrictions, the Order may be shipped to any country in the world.
During the whole checkout procedure, the Users are provided with the opportunity to review and edit their Orderand the information they entered and to check the full price of their Order. Users are also able to enter a Discount Code before they place an Order.
Finally, the Users have to indicate that they read and accept the GTC and Policy of ELYSIAN, which is a precondition to place an Order.
With the User clicking on the ‘PAY NOW’ button, the User submits its Order and ELYSIAN will send an automated confirmation email on acknowledging the receipt of the Order.The confirmation email shall be sent without delay, but not later than forty-eight (48) hours from submitting the Order to the email address the User has previously provided,and shall set out the details of the ordered Product(s).Simultaneously with the confirmation email ELYSIAN will automatically charge the User for the price of the products (hereinafter: “Price”). Please be informed, that cash on delivery is not available at ELYSIAN.
Between the period of confirming the Order and concluding the contract as set forth in section 7.3 below of the present GTC, the User has the opportunity to modify the Order by sending an email to ELYSIAN at firstname.lastname@example.org. ELYSIAN does not guarantee that User’s Order will be dispatched, due to the nature of the webshop, and since some products might be already out of stock by the time of placing the Order.
If the Order cannot be fulfilled, ELYSIAN will notify the User in 7, that is seven calendar days from placing the Order via email provided by the User. In such case, ELYSIAN will give the User the option to choose another Product or to cancel its Order. If the Order cannot be fulfilled because of the restrictive legal provisions in relation to the country where the Order is ought to be shipped prohibits ELYSIAN and its subcontractors to fulfill the Order, ELYSIAN will notify the User in 7, that is seven calendar days from placing the Order and will provide the User with the option to modify the shipping address, or, if it is not possible, to cancel the Order.
7.3 Concluding the contract
The User concludes a written sale and purchase contract with ELYSIAN once ELYSIAN sends a confirmation email to the email address that was provided by the User at the time of placing the Order about the dispatch of the Products. The contract to be concluded will not be registered and will be in electronic format in English language and does not refer to any code of conduct and which according to section 6:7 (3) of the Act V of 2013 on the Hungarian Civil Code (hereinafter: “HCC”) shall be deemed to be a written contract.
All Prices shown on the Website are in Euros and include value added tax (VAT) in accordance with the Hungarian tax regulations, but do not include shipping fees.
If the payment method chosen by the User is not denominated in Euros, the final Price of any Products the User purchases will be calculated in accordance with the exchange rate applicable as of the date of the payment specified by the issuing central bank, in the absence of such, the money market
Shipping fees, as stated under section 7.2 above of the present GTC, are indicated alongside with the shipping methods, and they are displayed separately at the checkout.
If clearly incorrect Prices are indicated on the Website, for example an incorrectly low Price is indicated caused by an eventual system malfunction, ELYSIAN reserves the right to decline the order and shall not dispatch the Product at such incorrect Price.
8.1 Discounts and promotions
ELYSIAN is entitled to provide discounts(hereinafter: “Discounts”) and special offer purchases and promotions (hereinafter: “Promotions”) to the Users at dates and duration determined solely by ELYSIAN, the availability and conditions of the Discounts and Promotions shall be indicated by ELYSIAN on the Website to inform the User. ELYSIAN is entitled to introduce, terminate, and modify the conditions of the Discounts and Promotions at its own discretion, of which change shall be without delay indicated on the Website to inform the Users.
ELYSIAN may also provide certain discount codes (hereinafter: “Discount Code”) that can be used by the Users in a limited timeframe. Discount Codes provide either a percent off or a certain amount of money deducted from the full Price of the item indicated on the Website.
9., PAYMENT SYSTEM AND ISSUING INVOICE
9.1 Payment system
Users are required to pay the total purchase price of the Order together with the shipping fee before it is dispatched to them by ELYSIAN. Users are able to pay the purchase price and the shipping fee with providing the credentials of their credit or debit card.
For the Users to be able to pay with credit or debit card, ELYSIAN uses the services of Barion and accepts the following types of credit cards:
Visa, Mastercard, American Express
In all cases, the payment process related to the placing of the Order is processed by a third-party payment processor, depending on the payment method chosen by the User for purchase which means the User shall be bound by the terms of that third-party payment processor.
Online bank card payments are executed via the Barion system. The merchant does not get and store bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.
I acknowledge the following personal data stored in the user account of Babka Budapset Kft. in the user database of https://www.elysianatelier.com will be handed over to OTP Mobil Ltd. and is trusted as data processor. The data transferred by the data controller are the following:
name, company name, country, post code, town, street address, phone number, e-mail address
9.2 Issuing invoice
ELYSIAN or its subcontractor performing the delivery issue both an electronic invoice before dispatching an Order. ELYSIAN will send the issued electronic invoice to the User via email when notifies the User about the dispatching of their Order.
10., SHIPPING OF PRODUCTS AND TRACKING
ELYSIAN will ship the User’s Order in accordance with ELYSIAN’s Shipping Policy of which can be found here. Stated delivery times in the Shipping Policy are estimates only and are measured from the day of dispatch.
Once the Package has been dispatched, the designated carrier of the Package will email the User about the relevant information about the shipping. Users are able to track their Oder on the respective carrier’s website in accordance with the terms specified by that carrier.
11., CANCELING AN ORDER AND RETURNING PRODUCTS TO ELYSIAN
11.1 Canceling an Order (right of withdrawal)
Users may cancel theirOrder at any time from placing theirOrder within14, that is fourteen calendar days of receiving the Package by expressing their explicit will to cancel the order by emailing the customer service team of ELYSIAN (hereinafter: “Customer Service Team”) at email@example.com. The Users are also entitled to use the statement sample provided in Annex 1of the present GTC to exercise their right of withdrawal. In case of using the statement sample the User shall attach the filled statement to the Package which is sent back to ELYSIAN.
Users are entitled to cancel their Order fully or partially.
ELYSIAN will only accept the cancellation if the Product is in original condition unless the Product is faulty. This means that the Product must be particularly, but not exclusively:
in a resalable condition (means without any dirt or perfume etc. on it);
In the event of cancelling an Order, ELYSIAN shall pay back the total Price, or in case the Order was partially cancelled the respective Price as well as the shipping fee to the User via the same payment method the User paid for their Order. ELYSIAN shall not obliged to pay back the Price in case the returned item does not comply with the provisions of the present section.
11.2 Returning Products to ELYSIAN
In case of a faulty product, the User must send a picture of the concerned product to the Customer Service Team before returning it to ELYSIAN. The Customer Service Team will inform the User about the conditions of the return.
Either the Product is faulty, or the User exercises its right specified under section 11.1, the Products, must always be returned with the original hangtags and accompanied by any related accessories (such as belts, ropes, fringes etc.).
In case of returning defective items, the shipping fee of the returning Product or Products is paid by ELYSIAN and a pick-up is organized by ELYSIAN. ELYSIAN’s carrier delivers the new product in the course of replacement of defective items. In this case, the shipping fee is paid by ELYSIAN.
In all other cases of returning, all the direct costs incurred in relation of the return shall be borne by the User.
As ELYSIAN receives the returned Product, a quality control procedure shall take place in order to determine the appropriateness of the returned Product.
The User will receive a written notification via email if ELYSIAN receives the returned Products. Any Product dispatched by the User after the fourteen-day deadline set forth in section 11.1 of the present GTC will not be eligible for a refund and will be shipped back to the User.
12., TERM AND TERMINATION OF THE GTC
The contract concluded between the User and ELYSIAN will be terminated once the User receives the Package, however the User is entitled to enforce their consumer rights in certain cases for two years following the day the Package was received by the Userin accordance with the provisions set forth in section 14 of this GTC.
The Customer is entitled to terminate the legal relationship established during the registration by accepting the present GTC at any time by e-mail addressed to the Customer Service Team of their registered Account. ELYSIAN will comply with the request to cancel the Customer’s Account if they do not have a pending Order in progress.
ELYSIAN reserves the right to terminate the legal relationship with any Customer established during the registration with 30-day, that is thirty day notice, without giving reasons, by accepting these GTC.
The entire content of the Website, in particular, but not limited the data, brochures, illustrations, descriptions, text, graphics and the image, appearance and structure of the Website, the execution of each function are constituting the exclusive property of ELYSIAN or are licensed for use and as such protected by copyright laws. Their use without the prior written consent of ELYSIAN violates bELYSIAN’s copyright and has legal consequences. A link to the Website is permitted on other interfaces as long as the link leads to the main page of the Website. In neither case may the link be made in such a way as to make the Website or any of its internal pages or content appear as the content of a differentwebsite.
The use of the Service shall under no circumstances result in the source code being decrypted or deciphered by anyone, or otherwise infringing ELYSIAN’s intellectual property rights. It is also forbidden to adapt or decrypt the content of the Website or certain parts thereof; to unfairly create a User profile; the use of any application that modifies or indexes the Website or any part thereof (e.g. search engine crawler, or any other decryptor).
14.1 Liability for the products
14.1.1 Products on the Website
We have made every effort to display the colors and materials of our products that appear on the Website as accurately as possible; however, as computer monitors vary, we cannot guarantee that Products will be exactly the same as illustrated on ELYSIAN’s Website.
Please note that ELYSIAN is not liable for damages resulting from natural amortization, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the Product description or differ from the ordinary use of the Product arising from its nature.
14.1.2 Disputes on defective items (in Hungarian: ‘kellékszavatosság’)
In case of any defective performance (in Hungarian: ‘hibásteljesítés’) of ELYSIAN, the User is entitled to make a claim for defective item based on the provisions of theHCC within 2, that is two years following the date of Delivery.
The User must inform ELYSIAN immediately after discovering the faulty Product, but not later than within 2, that is two months.
The Users are entitled to make the following claims:
If a Product received by the User is defective due to a manufacturing fault, ELYSIAN will offer to repair the item or to exchange it. If the item cannot be repaired or the same item is not available anymore, the User is entitled for a proportional price reduction or to have it repaired by the User or a third-party, and ELYSIAN must pay for the fees of the repair or to a full refund (Price and Shipping Fee).
The User is entitled to modify their chosen claim, but they are responsible for all the costs imposed by this modification, unless the modification was caused by ELYSIAN.
Within the first 6, that is six months from delivering the Package, the User shall inform ELYSIAN about the defect and confirm that the item was provided by ELYSIAN. Withing such 6, that is- six-months deadline there is no other condition for Users to make a claim on the basis of liability for defective items.
After the expiry of the above-mentioned 6, that is six-months period, the User is required to prove that the defect of the Product discovered by the User has already existed by the time of the Delivery.
14.1.3 Liability for defective products (in Hungarian: ‘termékszavatosság’)
If the User is a natural person, the User shall also have a right to make a claim against ELYSIAN for defective products as described in the present section of the GTC.
Please note that under Hungarian law the User needs to choose between the rights described under sections 14.1.2 and 14.1.3 of the present GTC, therefore the User is not entitled to make a claim against ELYSIAN on the basis of both sections.
If a product is defective, the User is entitled only to choose to have it repaired by ELYSIAN or require ELYSIAN to exchange the product. The User shall inform the Company about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, the User is required to prove the defect of the product.
The product is deemed to be defective only if
(i) it does not meet the quality requirements applicable by law to the particular product, or
(ii) it does not have the characteristics set out in the description of the product delivered by ELYSIAN.
The User is entitled to make its claim against ELYSIAN within a 2, that is two-year period following the date of Delivery.
14.2 Force majeure
ELYSIAN shall not be held liable for the contractual performance of the Order in cases attributable to external cause (force majeure) beyond ELYSIAN’s control.
ELYSIAN takes all feedback very seriously and aims to achieve a friendly settlement of any complaint of the Users as quickly and as effectively as possible, therefore ELYSIAN makes all effort to settle any dispute or disagreement between ELYSIAN and the User out of court or authority in an amicable way.
For complaints relating to Orders placed through the Website please send the Customer Service Team an email, detailing all aspects of the complaint, the order number, contact info and any other relevant information. ELYSIAN shall answer every written complaint in writing within 30, that is thirty days from receipt. If ELYSIAN rejects the complaint, it shall state the reasons for rejecting. ELYSIAN shall keep the record of the complaint for five years and present it to the competent authorities upon request.
Users are also entitled to announce a complaint orally in ELYSIAN’s store, and ELYSIAN shall inspect the orally communicated complaint immediately. If the customer does not agree with the handling of their complaint or if it is not possible to investigate the complaint immediately, ELYSIAN shall immediately take minutes of the User’s complaint and provide a copy to the User.
Contact details of the Customer Service Team:
Email address firstname.lastname@example.org
Users are able to turn to the following authorities with their complaints in case their complaint was rejected by ELYSIAN:
Name: Budapest Főváros Kormányhivatala, V. Kerületi Hivatal, Fogyasztóvédelmi Főosztály (Consumer Protection Department of the Government Administration Office at District V. of Budapest Capital) Budapesti Kereskedelmi és Iparkamara által működtetett Budapesti Békéltető Testület (Conciliation Panel organized by the Chamber of Commerce and Industry of Budapest)
Address: 1051 Budapest, Sas u.19. III. em., Hungary 1016 Budapest, Krisztina krt. 99., Hungary
Phone number: +36-1-450-2598 +36-1-488-2131
Email address: email@example.com firstname.lastname@example.org
The Conciliation Panel is responsible for resolving consumer disputes outside of the court. Conciliation Panels are assigned to try to reach an agreement between the User and ELYSIAN in order to settle the dispute and if it fails to do so, it shall decide on the matter in order to ensure that the consumer rights are enforced on a simple, quick, efficient and cost-effective way. At the request of the User or ELYSIAN, the Conciliation Panel shall advise the User on its rights and obligations.
ELYSIAN is obliged to cooperate in the Conciliation Panel’s proceedings, therefore ELYSIAN shall send its reply to the Conciliation Panel and ensure the participation of the person authorized by ELYSIAN to reach an agreement at the hearing organized by the Conciliation Panel.
Users are also entitled to use Online Dispute Resolution which is a platform of the European Union.
The present GTC is governed by the laws of Hungary. Issues not regulated in the present GTC shall be governed by the applicable Hungarian laws and regulatory requirements regarding the business activity related to the Service of ELYSIAN and the applicable provisions of the HCC without any separate stipulation.
Please accept the present GTC only, if you agree with the above.
If you have any further questions regarding the GTC, please contact us at email@example.com.
The present GTC is effective from 28 October, 2020.
Bódis Boglárka EV
SAMPLE FOR STATEMENT ON RIGHT OF WITHDRAWAL
This document shall be filled and sent to ELYSIAN, if you are willing to exercise the right of withdrawal in relation to your Order.
Recipient: Bódis Boglárka EV (address: 2131 Göd, Alagút utca 4., Hungary; e-mail: firstname.lastname@example.org)
I hereby declare that I exercise my right of withdrawal in respect of the contract concluded between me and ELYSIAN for the sale of the following product(s):
Name of consumer:
Address of consumer: