The current General Terms and Conditions (hereinafter referred to as: Terms) describe the rights and obligations of GCK Korlátolt Felelősségű Társaság (hereinafter referred to as: Service Provider) and the rights and obligations of Client (hereinafter referred to as: Client) using the electronic commerce services of Service Provider according to Act CVIII. of 2001. (hereinafter: Hungarian E-Commerce Act.) through Service Provider’s website https://www.ghraouichocolate.com (hereinafter: Website)
The purpose of the Website operated by the Service Provider is to sell products (hereinafter referred to as: “product” or “products”), which can be ordered from the Website, on a commercial basis in accordance with the current Terms.
The current Terms shall be applied to all contracts and services which are made through the Website or referring to the Website between the Service Provider and the Client (hereinafter referred to as: Parties), irrespective of whether the delivery of such services were provided from Hungary or from abroad, by the Service Provider or any other collaborator. In case the Client is considered as a consumer according to the Hungarian Civil Code or the Hungarian Consumer Protection Act, then information on the Client’s consumer rights and obligations resulting from the transaction is made available by Service Provider in the Consumer Protection Information as a part of the present General Terms and Conditions.
DATA OF THE SERVICE PROVIDER
GCK Korlátolt Felelősségű Társaság
1054 Budapest, Szabadság tér 7. Platinum Torony. ép. 8. em
The Client shall fill out all the obligatory fields in the purchase order before sending it to the Service Provider. This will serve as a written contract between the parties, in English language. If the Service Provider makes a version of this Terms in any other language besides English, the Terms shall be governed by the English version.
Service Provider shall not be liable for consequences (errors or damage, for example not reaching the activator code) resulting from inaccurate or incomplete information provided by Client. The Service Provider bears no responsibility for any damages for reasons not attributable to the Service Provider (for example, if the Client forgets the e-mail address or if this address becomes available to third parties). The Service Provider manages every order as an individual Client. No liability shall arise on behalf of the Service Provider for damages and errors caused by changes in the data provided by Client.
Maintaining the confidentiality of user data shall be the exclusive responsibility of the Client. Should the Client becomes aware of an unauthorized third party having access to its e-mail address, it shall notify the Service Provider immediately.
Client – when it’s necessary – agrees to update the personal data provided during the ordering process in order for those to be accurate, complete, and current. Such updates shall be sent by Client via e-mail. Any extra costs resulting from the failure of sending proper updates to Service Provider on the changes of Client’s data shall be the Client’s responsibility.
DUTIES OF THE SERVICE PROVIDER
The duty of the Service Provider is to provide the ordered products for the Client in accordance with these Terms. The place of performance is the registered seat of the Service Provider.
It is the Service Provider’s responsibility to provide the ordered products to the Client as defined in the contract.
If the Client provides the place of delivery for the Service Provider, the ordered products shall be delivered to the address provided. The Client shall bear all the cost relating to the delivery.
The ordered products shall be of a quality and performance that are normal in services of the same type and that the Client can reasonably expect, given the nature of the products and taking into account any public statements on the specific characteristics of the services made about them by the Service provider.
TERMS OF DELIVERY
Following the sending of the order the Client shall receive an e-mail from the Service Provider, in which the Client may choose a payment method and provide the address of delivery.
Following payment, Service Provider shall send an e-mail for the Client, which includes the verification of the order, the day of delivery and the invoice. The delivery period starts following the payment is finalized. The Service Provider delivers the ordered products by its own vehicle within the administrative boundaries of Budapest. In the case of a delivery address located outside the administrative boundaries of Budapest, the Service Provider uses the services of a courier service to perform the delivery task. The Service Provider or delivery service shall not be obliged to deliver the ordered products on a specific date or time of day.
The Client shall examine the ordered product at the time of the delivery and sign the dated receipt. Subsequently, the Service Provider may not accept any complaint. In case that the Clients recognizes any failure at the time of the delivery, the employee of the Service Provider shall instantly make a record of this fact.
In case of selecting bank transfer, the Client shall perform payment 8 days following the order, on the other hand, if the Client chooses to pay with credit card, he or she shall pay the purchase fee of the products at the time of the order. The Service Provider is entitled to modify the purchase fee of the delivery in a way that the modification is effective as of its publication on the Website. In such case, the purchase fee of the ordered products is not affected.
DUTIES OF THE CLIENT
The Client is obliged to pay the purchase fee of the ordered product in accordance with the provisions of the current Terms.
Payment of the fee. Client’s duty includes all the necessary measures and the maintenance of formalities to the contract or any regulation, in particular the regulations of the Hungarian Civil Code and the Hungarian E-Commerce Act to ensure the completeness of the payment. The Client, unless otherwise agreed between the Parties or determined within this Terms, shall complete the payment before the Service Provider provides the ordered product to the Client in accordance with this Terms.
The Client is obliged to pay the purchase fee without the examination of the products.
TERMS OF PAYMENT
The characteristics of the products are described in a specific information site.
The purchase fee of the products is published in HUF in a manner that contains VAT. In any case that the language of the Website changes, purchase fees shall be published in HUF as well.
It is not necessary to register on the Website for the ordering of the products. The Clients may select the products he or she intends to order by clicking the “Shopping Cart” (list that collects all the orders of the Client) button. The Client may modify the content of the Consumer Basket at any time. For the finalization of the order, the Client shall provide his or her data of invoice and delivery. Prior sending the order, the Client has the option to check the finalized order.
To send the order, the Client has to click the “Pay now” button. Ordering and payment obligation is generated for the Client by the arrival of the confirmation letter sent by the Service Provider.
The Service Provider is entitled to modify the purchase fee of the products in a way that the modification is effective as of its publication on the Website. In such case, the purchase fee of the ordered products is not affected. Any obvious mistake that appears on the Website concerning the purchase fees of the products (such as 0 HUF) despite all the diligence activities of the Service Provider, the Service Provider is not obliged to perform the orders for that purchase fee, however it may offer to deliver the product for the correct purchase fee to the Client; in such case the Clients may withdraw his or her order.
The Service Provider may exclusively accept orders to which the Clients provides all the necessary data of his or her. In any obvious clerical errors during the ordering, the Website of the Service Provider instantly sends request for the Client. The Service Provider is not liable for the Client’s failure to provide punctual information concerning the order.
By the sending of the order, the Client declares to accept all the conditions of the current Terms and Conditions.
REPAIRING ERRORS IN DATA ENTRY
The Client has the possibility to correct any data entry error in each stage of the purchase order via e-mail.
ORDER OBLIGATIONS, ORDER CONFIRMATION
Following the receiving of the Client’s purchase order (contract offer) the Service Provider shall send a confirmation to the Client via e-mail which includes the relevant data concerning the purchase order. The sole purpose of this e-mail is to inform the Client about the receiving of the purchase order.
If the Client subsequently notices an error in the order data within the confirmation e-mail, he/she shall inform the Service Provider about it no later than 1 calendar day. In this case the Service Provider shall modify the purchase order according to the Client’s notice.
TERMS OF PAYMENT
The Client may perform his or her duty to pay the purchase fee of the order by bank transfer or credit card.
The Service Provider processes the purchase and performs the order following the receiving of the purchase fee.
After having the Service Provider verifies the payment of the purchase fee, the Service Provider makes out an invoice within five days and sends it to the email address of the Client. With the acceptance of the current General Terms and Conditions, Client agrees that the Service Provider makes out an invoice for the purchase. This consent may only be withdrawn by the explicit declaration of the Client. Any invoice that is not signed in electronic form shall be printed out and stored within the accounts of the Client.
RESPONSIBILITY, APPICLABLE LAW
In case that such data gets published by mistake that infringe the Client’s rights described in article 13 of the Hungarian E-Commerce Act, Service Provider shall fulfill its obligations regarding notification and removal of such data pursuant to the Hungarian E-Commerce Act. Service Provider shall also satisfy any notice or order from court or the authorities within the time frame mandated by law.
Service Provider excludes all responsibility related to infringement implemented by the Client.
The Hungarian law is applicable to the current Terms. Owning to the possible cross-border nature of the purchase process, the Client agrees to use the Website with regard to the provisions of the relevant / applicable national law. If any actions related to using the Website is forbidden in the Client’s country, responsibility shall exclusively arise on the behalf of the Client.
If the Client takes notice of any objectionable content on the Website, he/she shall notify the Service Provider immediately. In condition that Service Provider deems such notification justified, it is entitled to delete or modify related content.
In accordance with the Hungarian law, the Service Provider bears responsibility for the proper operation of the ordered product through guarantee and warranty defined in the Consumer Protection Information. In case of a non-consumer contract the Service Provider undertakes a 6-month warranty.
Considering EK regulation 593/2008 (Rome regulation I.) article 6. paragraph (2) on law applicable to contract responsibilities, when the Client acting as a consumer has main residency at a location where the law provides higher protection to the Client than Hungarian law would, then law from Client’s main residency shall prevail.
The Website, it’s image, text content and structural buildup carries a specific and original character, therefore it is protected by copyright law. The Service Provider is the copyright holder of the content presented on the Website: any author creation or other intellectual property. The Service Provider holds the exclusive right to use or to give permission to use the Website or any of its identifiable part in material or immaterial form. The Service Provider reserves exclusive right to the commercial use and right to grant permission to such use of the Website’s distinctive original design.
Copying the content of the Website, saving the whole or parts physically or on other electronic medium or printing is exclusively permitted if the Service Provider permits it in written form. The Service Provider’s permission is required for using the Website’s particular title.
In addition to the rights set out in the current Terms neither the usage of the Website, nor any provisions of the current Terms confer any right on Clients to use and make use of any trade names or trademarks included on the Website. The use is considered unauthorized in particular when the law or the entitled person does not permit it in contract, or if the user uses the product beyond the limits of authorization.
Distorting or any modification of the Website or any misuse in connection with the Website which unduly prejudice to good reputation or honor infringes the individual rights of the Service Provider.
Hereinafter the provisions of Act LXXVI of 1999 on copyright (Hungarian Copyright act) are relevant in other copyright issues related to the Website.
The Service Provider is entitled to change the current Term’s conditions unilaterally with a prospective scope. The Service Provider shall inform the Clients about the changes through the Website. The precondition to use the Website following an amendment requires the Client to expressly accept these modifications through the Website. In the event of new terms, previous Clients may not cite the earlier version of the Terms as the established and consistent contractual practice between the parties even if they were not informed from the above changes.
In any issues not governed by the current Terms, the rules of the Hungarian law, in particular the Civil Code, the E-Commerce Act, and Act C of 2003 on electronic communications shall be applied.
Considering EK regulation 593/2008 (Rome regulation I.) article 6. paragraph (2) on law applicable to contract responsibilities, when the Client acting as a consumer has main residency at a location where the law provides higher protection to the Client than Hungarian law would, then law from Client’s main residency shall prevail."
Internet link to the current Terms: https://ghraouichocolate.com Terms link.
GCK Korlátolt Felelősségű Társaság
Consumer protection information on the basis of Government Decree 45/2014 (II.26.)
The rights and obligations of the current Terms shall apply to you if you entered into a contract with the entrepreneur as laid down in this report. ‘Consumer’ means any natural person who is acting for purposes other than his trade, business, craft or profession according to Act V. of 2013 on the Civil Code (Ptk.) under Article 8:1 (1)(3).
1. Pre-contractual general information
This information report includes the essential information, conditions and information about the distance contract between GCK Kft. and people at a distance.
Information about the main characteristics of the purchased product can be found on https://www.ghraoui.net/en/ website and in the sales offer or order confirmation sent by the entrepreneur.
The name and other information about the Entrepreneur can be found in the General Terms and Condition that is listed together with this Consumer report.
Information on the full fee (with sales tax included) of the product and service described in the contract can be found in the sales offer.
Information on implied warranty, product warranty and commercial guarantee is included in this information report.
In case that Client has a customer protection claim against GCK Kft., the Client may also entitled to turn to conciliation panel. The competent conciliation panel for GCK Kft. with territorial jurisdiction is the Conciliation Panel by the Budapest City Court of Commerce and Industry. According to section 20 of the Hungarian Consumer Protection Act, the competent authority for the proceedings of conciliation is the conciliation panel that has territorial jurisdiction at the Client’s permanent address or residence. If the Client has no domestic address or residence then the competence of the conciliation panel shall be determined by the entrepreneur concerned in the dispute or by the body representing the entrepreneur. Alternatively, at the Client’s request a conciliation panel other than above shall be assigned.