Terms of service

Terms of Service

 

  1. Introduction

 

The present General Terms and Conditions (hereinafter referred to as "TOS") describe the online services (hereinafter referred to as "Service"), description and terms of use of the website https://www.pulowear.hu (hereinafter referred to as "Webshop") operated by EMERZY Group Kft. (registered office: 2371 Dabas, Szent János út 347., company registration number: 13-09-221059, tax number: 32009558-2-13, e-mail: hello@pulowear.hu), (hereinafter referred to as "Service Provider").

 

The Terms of Service is valid between the Service Provider and the Customer of the Website services (hereinafter referred to as the "Customer") (hereinafter referred to as the "Service Provider and the Customer" collectively as the "Parties").

 

By accessing the Website and using any element of the service, the Customer accepts and acknowledges the provisions of these Terms and Conditions as binding on him/her, and also accepts the Privacy Policy applied by the Website, which is available in a separate policy on the Website. The Service Provider has the right to modify these TOS at any time and by using the Service, the Customer accepts the modification.

 

  1. The Service

 

To access the Service, the Customer must log in to the pulowear.hu website.

The Service is available only to private persons over the age of 18 who accept the TOS and consent to the processing of their personal data as described in the Privacy Policy.

 

2.1. Product selection

 

The scope of the Service includes, inter alia, the products displayed in the Webshop (hereinafter referred to as the "Product"). The Customer is free to browse the Webshop's offerings using the free-text search box and the menu system on the interface. By clicking on the Product, the Customer can view more detailed information. The Product is available with a photo and the following information:

  • Product name
  • Type of product
  • Product properties
  • Consumer price of the Product in EUR.

All prices on the Webshop interface are displayed in EUR, which includes VAT (gross price). The price displayed here does not include any other costs, such as delivery charges.

 

Information on the use of cookies is displayed once on the interface of the Webshop, which the Customer acknowledges by clicking on the "Accept" button.

This interface is used to log in, register and access the shopping cart, which contains the products selected and the total price paid (hereinafter referred to as the "Cart").

 

In case of purchase, the Customer places the Products to be purchased in a virtual basket by clicking on the "Add to basket" button. By clicking on the "View" button of the Shopping Cart, you will find the Products added to the shopping cart, the total amount of the invoice and the shipping costs. Here you can check the correctness of the order, in particular the prices and quantities, which can be modified or corrected as required. The shopping cart automatically calculates the total amount of the order.

 

The creation of the Shopping Cart is not identifiable with the order of the Products, it does not create any obligation on the part of the Customer to purchase the Products.

 

2.2. Order creation

 

Once the Products have been added to the shopping cart, the Customer can check the quantity and the total amount of the Products in the cart. If the Customer considers the contents of the basket to be sufficient and decides to purchase the Products, he/she must click on the "Checkout" button. In the Webshop, it is possible to purchase without registering, so the Customer has three options to choose from:

  • log in as a registered customer
    • by using the e-mail address and password provided during previous registration
  • register as a new customer
    • by registering as a new customer by using the same registering details as in section 3.
  • buying without registering
    • by providing a billing and delivery address

 


2.3. Registration

 

To register, the Customer must provide the following data, which will be stored by the system:

- surname

- first name

- telephone number - on which the Customer can be reached

- e-mail address

- Password (at least six digits and containing both letters and numbers)

 

During registration, the Customer provides his/her data for multiple access and, after reading the "Privacy Policy" at the end of the registration form, he/she must declare that he/she has read the Privacy Policy and that he/she accepts the Privacy Policy, i.e. expressly consents to the storage and processing of his/her data by the Service Provider.

 

A further condition of online registration is that the Customer is also familiar with and accepts the Webshop's current General Terms and Conditions.

These two documents can be accessed by clicking on the link below, where they can be downloaded, saved on the Customer's computer and printed out at any time. After having read the documents, which is recommended, the box "I acknowledge and accept the TOS and the Privacy Policy" must be ticked and this will allow you to proceed.

 

The Service Provider is entitled to immediately delete the Customer's registration (and with it the Customer's account) if there are reasons to believe that the Customer has violated the TOS. The deletion of the registration does not affect the provisions of the TOS which, by their nature, remain in force thereafter.

Registration details can be modified at any time under "Account".  If the Consumer forgets his password, he can request a new password by using the e-mail address he has registered.

 

The registration can be cancelled at any time, in which case the Consumer's data will be deleted by the Service Provider. Any pending orders will also be deleted, but the invoice data will be kept by the Service Provider until the statutory deadline in accordance with accounting and tax legislation.

 


2.4. Security

 

During the registration process, the Customer must create a password for his/her Customer account. The Customer must keep this password secret and not disclose it to any unauthorised third party. The Customer is fully responsible for all transactions made from his/her account. The Customer shall inform the Service Provider immediately if he/she suspects that his/her password has been misused or obtained by a third party(ies). If the Customer's suspicion is justified, the Service Provider shall be entitled to block the Customer's account and at the same time request the Customer to change his/her password. The Service Provider shall not be liable to the Customer for any damage suffered as a result of the Customer's disclosure or misuse of his password, whether by the Customer or a third party.

 

2.5. Payment methods

 

The purchase price of the Products may be paid by the Customer online at the time of ordering by credit card or by payment upon delivery which is overseen by our shipping partners, declared in the TOS.

 

By selecting the online payment option, you will be taken from the Service Provider's website to the website of Stripe Payments Europe (add.: The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland).

 

The Customer enters his card details on the page of Stripe Payments Europe:

- name of the issuing financial institution

- card number

- name of the cardholder

- card number of the card issuer, card number of the card issuer

- the 3-digit security code on the back of the card.

 

Once the details have been entered, the purchase of goods/services will be settled.

 

The data entered during the payment process is not stored by the Service Provider, it is processed by the respective payment processing company and is subject to the data protection provisions of the financial service providers.

If the Customer's financial institution has the VbV/MSC service and uses it, the payment transaction process will change.

 

The Customer will still have to provide his card details (card number, expiry date, validation code) in the payment interface of Stripe Payments Europe. However, Stripe will then automatically redirect the Customer to the corresponding page of the bank that issued his card, where he will have to carry out the identification procedure.

 

After the successful identification, the payment transaction will continue, the Customer will be notified of the success of the transaction and will be redirected back to the Webshop interface. If the identification cannot be completed, the transaction will be unsuccessful.

 

The Customer acknowledges that cash payment is not always available on the page.

 

By placing an order, the Customer acknowledges that by making an immediate payment, a contract between the Customer and the Service Provider is concluded and that the conclusion of the contract entails a payment obligation.

 

2.6. Prices

 

The prices of the Service Provider are the list prices valid at the time of ordering, which are shown next to the products in the Webshop. The prices are gross prices and include VAT, but do not include delivery costs. The shipping cost is indicated in the checkout process before finalising the order and in the TOS. In the event of an error or omission in the products or prices in the Webshop, we reserve the right to make corrections. In such a case, we will inform the Customer of the new details immediately after the error is detected or amended. The Customer may then confirm the order once again or either party may withdraw from the contract.

 

In any case, the Customer shall pay the price at the time of ordering, i.e. any change in the price after the order has been placed shall not affect the price of the product ordered, unless the Customer subsequently changes the quantity of the product in the order, in which case it shall be considered as an order and the Customer shall pay the price valid at the time of the change. The price to be paid will be ascertained when the basket is approved.

 

2.7. Invoices

 

After payment, the Customer will receive a certified electronic invoice to the e-mail address provided during the order. The invoice will only include the items received by the consumer and the amount of money actually paid for his order.

Based on the settings of the Customer's e-mail interface and the e-mail service provider's rules, the e-mail containing the invoice may not be sent to the inbox but to the "Spam" folder, so if the invoice is not received after the purchase, the Customer should check this folder.

 

2.8. Confirmation

 

The Service Provider will send an e-mail confirmation of each order. This means that after placing an order, the Customer will receive an automatic e-mail confirming the receipt of the order and (later) an e-mail with the expected delivery date.

 

  1. Shipping

 

The Service Provider has two delivery partners which are the following

  • GLS General Logistics Systems Hungary Kft. (hereinafter referred to as "Carrier").
  • DPD Hungary Kft. (hereinafter referred to as "Carrier").

The delivery of the consignments is carried out by the Carrier.

 

When placing the order, the Customer shall provide the exact delivery address and acknowledges that the delivery may take place at any time between 8 a.m. and 8 p.m.

 

Furthermore, the Service Provider shall not be liable for any delay or failure to perform due to facts and/or circumstances beyond its control or beyond its reasonable control (e.g. traffic obstruction).

 

Only persons over the age of 18 are entitled to take delivery of the Products at the place of delivery. If the courier has doubts as to the age of the person receiving the products, but that person does not voluntarily present proof of identity to verify his/her age, the courier shall refuse to deliver the product(s). The courier shall act in the same way if the identity document shows that the person is under 18 years of age.

 

Delivery is currently possible within the administrative borders of Hungary, Germany, Austria, Poland, Slovakia, Slovenia, Serbia, Croatia, Romania and Czech Republic.

 

If the Products selected by the Customer are not available, the Service Provider will make every effort to offer other Products which are as close as possible in their characteristics and goods to the Customer's order. The price and characteristics of the substitute Product may differ from the price and characteristics of the Product selected by the Customer.

 

3.1. Shipping fee

 

The shipping fee set by the Service Provider are indicated in the selection of the delivery method during the purchase. 

 

3.2. Delivery

 

The delivery is handled by our delivery partner detailed in section 3.

 

4. Refusal to accept the products, withdrawal from the contract, i.e. return of the products

     

    The Customer shall be entitled to refuse to take delivery of the Products or part of the Products selected by him without giving any reason, it being understood that partial refusal to take delivery of the Products selected shall not be possible. If the Customer refuses to take delivery of all the Products, no service charge shall be payable. The price of the refused Products will of course not be deducted from the Customer's bank account.

     

    In addition, the Customer has the right to withdraw from the contract without giving any reason within 30 calendar days of receipt of the Product(s), which means that he/she may return the Product(s) received within the said period without giving any reason. In such a case, the Customer shall ensure the return of the withdrawn Product(s) within 30 days of the date of the withdrawal.

     

    The Service Provider shall be obliged to refund the purchase price of the returned Products without delay, but no later than 14 calendar days after becoming aware of the withdrawal, or the Customer may, at his option, choose another Product in exchange for the returned Products. (The purchase price shall be determined on the basis of the price paid at the time of delivery of the Products.) In the event of withdrawal, the Customer shall be liable for the depreciation of the Product resulting from use beyond the use necessary to determine the nature, characteristics and functioning of the Product.

     

    The right of withdrawal may be exercised by means of the declaration set out in Appendix 1 or by means of a clear unilateral declaration by the Customer. In case of withdrawal, please contact the Service Provider's customer service at hello@pulowear.com.

     

    In the case of Products subject to withdrawal, the Service Provider will refund the purchase price of the Product(s) at the same time as the withdrawal, but no later than 14 days after receipt of the withdrawal notice, in the form of a coupon redeemable in the Webshop or bank transfer, at the Customer's option. The Service Provider is entitled to withhold the refund until the Product(s) is/are returned or until the Customer provides proof that the Product(s) has/have been returned to him/her.

     

    5. Complaints, complaint handling, warranty, product warranty, guarantee

     

    The Customer may refuse to take delivery of Products which are defective for any reason at the time of taking delivery. If the Product is found to be defective only after delivery (or at least if the cause of the defect was already present at the time of delivery), the Customer shall still have the right to lodge a complaint, which may be made via the Service Provider's customer service hotline or by e-mail. Further information on the Product and Accessories Warranty is available in Appendix 2.

     

    In addition, the Customer may lodge a complaint orally or in writing regarding the conduct, activity or omission of any person directly connected with the conclusion of the contract, the distribution of the Products or the sale of the Products, using the contact details set out in these TOS. The Service Provider shall promptly investigate the oral complaint and, if necessary, remedy it. If the Customer does not agree with the handling of the complaint, or if it is not possible to investigate the complaint immediately, or if the Customer has made the complaint in writing, the Service Provider shall respond to the complaint within 30 days.

     

    The Customer shall be entitled to initiate the procedure of the conciliation board of the county (capital city) chambers of commerce and industry in order to settle out of court any dispute (hereinafter referred to as "consumer dispute") related to the quality and safety of the Product, the application of product liability rules, the quality of the Service, as well as the conclusion and performance of the contract between the Parties.

     

    The competent conciliation body according to the location of the Service Provider's registered office can be contacted at the Pest County Conciliation Board of the Pest Chamber of Commerce and Industry (1119 Budapest, Etele út 59-61, 2nd floor 240, e-mail: pmbekelteto@pmkik.hu, telephone: +36 1 269 0703, web address: http://panaszrendezes.hu/) or via the online dispute resolution platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

     

    6. Protection of intellectual property rights, use and operation of the website

     

    The owner and operator of the www.pulowear.com Webshop (EMERZY Group Ltd.) is entitled to all rights (including copyright and other rights) under which it may lawfully dispose of the said Webshop and its content.

     

    The Web Store and the Service are the intellectual property of the Service Provider, which is the exclusive owner of its license, and therefore all content displayed and uploaded is protected by copyright. The content of the Website, as a database copyright, may only be used with the prior written consent of the Service Provider.

     

    The content of the Website may not be used or exploited for any other purpose than the use of the Service, provided that the Service Provider authorises this either individually or by means of a general statement.

     

    The Customer declares that, without the prior written consent of the Service Provider, it will not run any IT solution aimed at obtaining and storing information or monitoring the Site, without the need for exhaustiveness, some examples are: robot, script, spider, crawler.

     

    Customers must comply with the relevant legislation and the provisions of the TOS during their visit and must not harm the reputation and rights of the Service Provider or other Customers.

     

    Some parts of the Webshop use small data files, so-called cookies, which are stored on the Customer's computer, in order to identify the Customer. The Customer may use the browser program to set or prevent the use of cookies, but please note that without the use of cookies, some of the services of the Website may not be available in all their functionality. By visiting this Website and using some of its functions, the Customer gives his/her consent to the storage of these cookies on the Customer's computer and their access by the data controller. For more information on cookies, please refer to the Privacy Policy.

     

    7. Miscellaneous

     

    The information on the Products presented on the Webshop is provided for information purposes only.

     

    The TOS shall govern the conditions of use of the Service, so that at the time of the conclusion of the sales contract with the Customer, its provisions shall become an integral part of the sales contract. The TOS shall be governed by Hungarian law.

     

    If, in the event of a single or repeated breach of the TOS, the Service Provider does not exercise its rights in relation to the breach, this shall not be considered as a waiver of rights in any way.

     

    The Service Provider shall not be liable for the accuracy or truthfulness of the data, claims and other contents of the Products sold by it.

     

    8. Contact details

     

    - Webshop address: www.pulowear.com

    - Customer support e-mail address: hello@pulowear.com

    - Customer service telephone number: +36 30 465 24 28 (Available Mon-Fri, 9 am to 5 pm)

    - Customer service mailing address: EMERZY Group Kft., Hungary, 2371 Dabas, Szent János út 347.

     

    9. Host provider

     

    - Name: Shopify Inc.

    - 150 Elgin Street, 8th Floor Ottawa, ON K2P 1L4 Canada

    - E-mail address: info@shopify.com

     

    All rights reserved!

     

    April, 8. 2023.

     

    Appendix 1

    Model withdrawal notice

     

    The Customer has the right to withdraw from the contract without giving any reason within 30 days.

     

    The withdrawal period shall expire 30 days after the date on which the Customer or a third party other than the Carrier and indicated by the Customer takes delivery of the Product / the last Product.

     

    If the Customer wishes to exercise his right of withdrawal, he must send a clear declaration of his intention to withdraw (we recommend that it be sent by post or by electronic mail) to one of the addresses indicated in the Contact section of the TOS. You may also use the model withdrawal form below for this purpose.

     

    The Customer may exercise his right of withdrawal within the time limit if he sends his withdrawal notice before the expiry of the time limit indicated above.

    Legal effects of withdrawal.

     

    If the Customer withdraws from the contract, the Service Provider shall reimburse any consideration paid without delay, but no later than 30 days after receipt of the withdrawal notice. When refunding, the Service Provider shall use the same method of payment as that used for the original transaction.

    If the right of withdrawal is exercised at the same time as the receipt of the Product(s), the Product(s) will be returned and the costs of returning the Product(s) will be borne by the Service Provider.

     

    If the Customer exercises his right of withdrawal after the receipt of the Product(s), he shall contact the Service Provider's customer service and agree on the return of the Product(s).

     

    The Customer shall be liable for depreciation of the Product(s) only if it is due to use beyond the use necessary to establish the nature, characteristics and functioning of the Product(s).

     

    Model withdrawal declaration

    Addressee: hello@pulowear.com or EMERZY Group Kft. (Hungary, 2371 Dabas, Szent János út 347)

     

    I/we declare that I/we exercise my/our right of withdrawal in respect of the following contract for the sale of the product/product:

    - Date of conclusion of the contract / date of receipt:

    - Name of the consumer(s):

    - Address of the consumer(s):

    - Date of order(s):

    - Identification of the order(s):

    - Signature of the consumer(s): (only in the case of a declaration on paper)

    - Date:

     


    Appendix 2

    Model information leaflet on the warranty of accessories, product warranty and guarantee

     

    Warranty

     

    In which cases can the Customer exercise the right to a warranty?

    In the event of defective performance by the Service Provider, the Customer may assert a warranty claim against the Service Provider in accordance with the rules of the Civil Code.

     

    What are the rights of the Customer under the warranty of service?

    At his/her option, the Customer may make the following claims:

    He may request repair or replacement, unless the fulfilment of the chosen claim is impossible or would involve disproportionate additional costs for the Service Provider compared to the fulfilment of his other claim. If the repair or replacement was not or could not be requested, he may request a proportionate reduction in the price or have the defect repaired or replaced at the expense of the Service Provider or, as a last resort, withdraw from the contract. The Customer may transfer his right of warranty from one of his chosen rights to another, but the cost of such transfer shall be borne by the Customer, unless it was justified or the Service Provider gave a reason for it.

     

    What is the time limit for the Customer to assert his right to a warranty claim?

    He/she is obliged to notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, you may no longer assert your rights to claim for damages beyond the two-year limitation period from the date of performance of the contract.

     

    Against whom can the Customer enforce his/her rights?

    The Service Provider is the party against whom the Customer may assert a claim for a warranty of convenience.

     

    What other conditions are there for the Customer to enforce his/her warranty rights?

    Within six months from the date of performance, you may assert a claim for defects, provided that you prove that the Product or Service was provided by the Service Provider. However, after six months from the date of performance, the Customer must prove that the defect which he has discovered existed at the time of performance.

     

    Product Warranty

     

    In which cases can you exercise your right to a product warranty?

    In the event of a defect in a movable good (product), you may, at your option, exercise your right as set out in point 1 or claim under the product warranty.

     

    What are your rights under your product warranty claim?

    As a product warranty claim, you can only request the repair or replacement of the defective Product.

     

    In what cases is the Product defective?

    A Product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.

     

    What is the time limit for making a product warranty claim?

    A product warranty claim can be made within two years of the date on which the product was placed on the market by the manufacturer. After this time limit, this right is lost.

     

    Against whom and under what other conditions can you assert a product warranty claim?

    You can only exercise your product warranty rights against the manufacturer or distributor of the movable item. The Customer must prove that the Product is defective in the event of a product warranty claim.

     

    In which cases is the manufacturer (distributor) exempted from his product warranty obligation?

    The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

    • he has not manufactured or put the product into circulation in the course of his business, or
    • the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
    • the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.

    The manufacturer (distributor) need only prove one ground for exemption.

     

    Please note that it is not possible to claim both an accessory warranty and a product warranty for the same defect at the same time. However, in the event of a successful product warranty claim, the manufacturer may be held liable for the replacement product or the repaired part.

     

    The images on the Webshop are for illustration purposes only.