GENERAL TERMS AND CONDITIONS
Operator’s data:
Operator’s name: MATRO Ltd.
Operator’s registered office: H-7631 Pécs, Nagyárpádi út 7/A.
Operator’s contact, regularly used electronic mailing address for keeping contact with users: info@maxitool .com
Tel.: +36 72 548-115
Company Reg. No.: 02 09 061052
VAT number: 10682825-2-0,
Intemational VAT number: HU10682825
our company’s privacy policy registration number: NAIH-140534/2018.
General provisions
Buyer could be anyone, who accepts these Terms and Conditions and acknowledges as binding for Himself/Herself.
Availability: The Website is available all days of the week 0-24, except the periods of maintenance, performing updating tasks or eventual shutdown. Customer Service can be called from Monday to Friday between 07:00-15:00, not accessible on Saturdays and Sundays. Package shipment is only performed on working days.
Products can be purchased exclusively in email, Matro Ltd. does not maintain any shop.
Contracting Parties, Agreement
By ordering agreement is executed with the Terms and Conditions specified in this agreement between Matro Ltd. as Seller (hereinafter Seller) and the person submitting the order as Buyer (hereinafter Buyer).
By confirming the order, Buyer accepts the content of this agreement and acknowledges as binding for Himself/Herself.
Products, prices
Seller indicates the characteristics of the products on product data sheets. The pictures indicated on product data sheets could differ from reality, at some cases these serve as illustrations.
ln case of eventual faulty indication or clerical error on the Price offer Seller is entitled to correct the amount.
ln case Buyer would like to purchase a product not available on website Seller undertakes to manufacture this product, based on a specific offer.
lf special offer would be introduced Seller provides overall information to customers on the duration of the special offer on the website.
Ordering
For ordering on the website preliminary registration is required. During registration, by filling in the data sheet, Buyer provides data necessary for shipment and invoicing. Seller will fulfil the order based on these data and issues the invoice according to these data. Buyer is obliged to truly provide his/her data. Buyer is responsible for any damage arising from the providing of faulty or untrue data. Seller is entitled to cancel any evidently untrue or faulty registration, or in case of doubt is entitled to check the accuracy of the data.
Buyer can modify the registration data at any time in the registration section. Delivery address can be modified only until the processing of the actual order.
After collecting the requested item/s in the basket, Buyer sends the request for purchase to Seller. By confirming the order, Buyer confirms that he/she leamed these Terms and Conditions and acknowledges as binding for himself/herself.
Prices become final when seller confirms them in personal confirmations to Buyer in email.
Seller sends a confirmation individually in e-mail on the receipt of the order within 3 working days.(Seller-Buyer legal relationship is established at the confirmation of the order.) Seller in his response sends the definite price of the ordered products and the Proforma lnvoice containing delivery costs and the deadline for delivery, eventually the customs fee.
ln case the shipment cost indicated in the proforma invoice is not acceptable for Buyer, Buyer can withdraw the order within 3 working days from the receipt of the Proforma lnvoice. The payment of the definite amount indicated on the Proforma lnvoice automatically means the acceptance of the shipment costs. ln case the Buyer does not pay the sum indicated on the lnvoice within 5 days than the order becomes invalid.
During the processing of the order Seller can contact Buyer in e-mail in order to agree on fulfilment conditions.
Reservation of ownership
The ownership of the goods is transferred to Buyer when the total purchase price is paid.
Liability for defects
ln case of Seller’ s non-conforming performance Buyer can exercise claim far liability far defects against the company according to the rules of Act 5 of 2013 on the Civil Code.
Buyer can choose among the following claims far liability far defects:
Buyer can request repair or replacement, except when the performance of the claim selected by Buyer is impossible, or compared to the performance of another claim would mean unreasonable extra cost far Seller.
Buyer can also change the selected right for liability for defects to another, but the costs of change-over will be bom by Buyer, except when it was justified or Seller gave reason.
Buyer is obliged to notify the failure immediately after detection, but not later than within two
(2) months after the failure was detected. After the term of limitation of two years from the performance ofthe agreement Buyer cannot validate his/her right of liability for defects. ln case of used goods this deadline is six months but a max. of one year.
Buyer can exercise the claims of liability for defects directly against Seller.
Within six months from the performance, beside the communication of the failure, there is no other condition to exercise the claim for liability, if Buyer verifies that the product was bought from Seller. Meanwhile, after six month from the performance Buyer is obliged to prove that the defect detected by Buyer had already been existed at the time of performance.
Product liability
ln case of defect of movables (products) Buyer, according to His/Her decision, can exercise a claim ofliability for defects or a product liability.
As a claim for product liability, Buyer can only request the repair or replacement of the defective product.
The product is considered to be defective if it does not meet the quality requirements valid at the date of release or ifit does not dispose of the characteristics determined in the specification provided by the manufacturer.
Buyer can exercise his/her product liability claim within two years after the product was placed on the market by the manufacturer. After this deadline Buyer loses the right to do so.
Buyer can exercise his/her product liability claim exclusively against the manufacturer or distributor of the moveable goods. ln case of exercising product liability claim the defect ofthe product shall be proven by the Buyer.
The manufacturer (distributor) can only be released from product liability ifit can prove that: the product was not manufactured or distributed in the scope of its business activity, or the failure was not recognizable at the time of release by the actual scientific and technical
knowledge, or
the defect of the product arises from the application of a legal provision or mandatory regulation of authorities.
For its release, the manufacturer (distributor) shall only prove one reason.
The liability for defect and product liability claim cannot be exercised by Buyer conclirrently, in parallel for the same defect. Meanwhile, in case Buyer successfully exercises the product liability claim, Buyer can apply the liability for defects against the manufacturer for the replaced product or the repaired part.
Right ofwithdrawal
According to the regulations of Directive 2011/83/EU (25.10.2011) ofthe European Parliament and Council on Consumer Rights and in accordance the Gov. Decree 45/2014.(11.26.) on the detailed rules goveming contracts between consumers and companies, Buyer can withdraw from the contract and retum the product without stating its grounds within 14 days from the day of receipt by the consumer or a third part designated by the consumer which is different than the carrier.
Buyer may exercise his/her withdrawal right by clearly stated declaration to that effect, using the sample declaration presented in Appendix 2 to the Govemment Decree 45/2014. (II. 26.) or in par. B of Directive 2011/83/EU (see below).
Sample declaration ofwithdrawal
(Complete and return only in case ofintention to withdraw from the agreement)
-Addressee: vendor shall indicate its own name, postai address and if applicable, phone number, fax number and e-mail address)”:
– The undersigned (*) declare(s) that the undersigned (*) withdraw(s) (*) /rom the sale and purchase (*) ofthe goods below/ from the purchase of the below service (*)
– Date of order (*)ldate of receipt (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only in case of written notice)
-Date
(*) The unwanted part is to be deleted.
Buyer exercises his/her right of withdrawal also in the period between the conclusion of the agreement and the receipt of the product.
ln case ofwithdrawal, Buyer retums the product on his/her own cost to Seller’s registered office (7631 Pécs, Nagyárpádi út. 7/A.), and Seller immediately, but at latest within 14 days from retum reimburses the purchase price of the retumed product(s) and the eventually arising other costs. Shipment price will be reimbursed by Seller in case of withdrawing the order as a whole. ln case of withdrawal Buyer is charged only for the product reshipment cost. ln case of express delivery Seller reimburses the normal shipment price. Seller has the power to reimburse the purchase price of the product(s) and the shipment costs (the amount paid by Buyer as reward, respectively) only if Buyer has retumed the product(s) or approves with no doubt that he/she sent back those goods within 14 days from the notice ofwithdrawal claim: from these two Seller will consider the earlier time.
During reimbursement Seller will use the same payment method than what was used during the original transaction, except when Buyer expressly agrees in another payment method. lf another reimbursement method is used, no extra cost will be charged to Buyer at all. Seller has no chance to receive packages sent by cash on delivery.
Buyer cannot exercise his/her right of withdrawal as per par. 29 of Gov. Decree 45/2014., particularly
– in case of such non prefabricated product that was produced according to Buyer’s instructions or for his/her specific request, or for product that was clearly tailored to Buyer personally;
– kkin case of a product that – given its characteristics – will be combined with other products after taking over.
Seller can vindicate the reimbursement of damages arising from the irregular use of the goods.
Claims management
Buyer can submit customer’s complaints regarding the product or Seller’s activity through the contacts specified in Contact part. Seller shall respond on the substance ofthe received written complaint within 30 days. ln case the complaint is rejected, Seller informs Buyer on the cause of the rejection.
Excluding responsibility
ln case of Buyers, who regularly do not observe the terms and conditions specified in this agreement or cause damage to Seller on any other way, Seller reserves the right to serve those Buyers only after payment is performed, or to refuse serving them.
Seller is not responsible for damages arising from eventual technical faults of the internet, the breakdown of communication tools, any software or program and the resulting damages caused by eventual technical problems.
Data protection
Seller handles and stores Buyers’ personal data according to the actual data protection regulations. Seller requests data from Buyer that are necessary exclusively for the performance of the agreement (confirmation, shipment, invoicing). Seller informs Buyer that his/her personal data are stored separately in his database, and does not employ any third party (e.g. data processor) for operation and data management.
Seller undertakes to use Buyers’ data exclusively for the performance of the order and invoicing.
Seller confirms that he discloses Buyer’s data exclusively for the subcontractor applied for the performance ofthe agreement (e.g. parcel service) and in the extent necessary for subcontractor to be able to perform his duty. Buyer has the right for having the access to his/her own stored data at any time. Buyer is entitled to request information on his/her stored data by phone or e mail.
Applied legislation, place of performance, competent court
For the agreement executed between Seller and Buyer the valid Hungarian legislation shall be applied.
ln case of dispute regarding Seller’s agreements and cannot be resolved on an amicable way, parties specify the exclusive competence of the City Court of Pécs. Place of performance is at all times Seller’ s site in Pécs.
Other regulations
Seller is entitled to change, modify the terms of this General Terms and Conditions at any time without justification and special notification or to replace the website to another domain name. Furthermore, Seller is also entitled to change or modify product prices and delivery deadlines. These changes are valid from the date of publication in www.maxitool.eu.info webshop.
For a given order the General Terms and Conditions valid at the time of order shall be applied.
ln case Seller and Buyer execute a special agreement for the sale of a product, these general terms and conditions shall be applied unless otherwise specified in the special agreement.
Seller and Buyer try to settle their disputes on an amicable way.
If any eventual dispute cannot be settled during negotiations, Buyer can initiate legal proceeding, furthermore, in case of consumer’s dispute Buyer has the following possibilities of right enforcement:
Submit a complaint to the Consumer Protection Authority, Initiate a procedure at Conciliation Board
Competent Conciliation Board according to Seller’s registered office: Conciliation Board of Baranya County;
The Conciliation Board procedure is initiated by a written request to be addressed and submitted to the chairman of the Conciliation Board of Baranya County ina written form (mail, fax, signed e-mail) to the registered office of the Board (7625 Pécs, Majorossy 1. u. 36., fax: 72 507 152, email: beke lteto@pbkik.hu or to the customer services of the Chambers).
For eventual disputes subject to these General Terms and Conditions that cannot be settled with arrangement within 30 calendar days, Seller and Buyer specify the jurisdiction of the territorially competent Court according to Seller’s registered office.
For arguments not regulated in this General Terms and Conditions the Act No. V of 2013 on Civil Code, the Gov. Decree 45/2014 (11.26.) on detailed rules for contracts between consumers and undertakings and the regulations of related laws shall be applied.