Terms & Conditions
- Introduction
1.1. The General Terms of Contract (hereinafter referred to as GTC or contract) presented in the present document specifies every provision that applies to ordering (based on an individual contract) and the clothing products made and/or marketed by VESTURSHIRTS Ltd. online (via the webshop) and generally to satisfy these orders based on the conditions set forth in the specific order. The present GTC constitutes an integral part of the order as an individual contract and is thereby binding on the parties, similarly to the provisions set forth in the individual contract.
1.2. By placing the individual order, the ordering party (customer) explicitly and irrevocably declares to have gained knowledge of the present GTC and accepts its terms as binding.
- Definitions
2.1. VESTURSHIRTS Ltd., operating under the full company name VESTURSHIRTS Limited Liability Company (company registration number: 01-09-326831; tax number: 26372783-2-41; registered seat: 1052 Budapest, Petőfi Sándor utca 16. fszt 4.), seller.
2.2. Webshop: website operated by VESTURSHIRTS Ltd. at the web address www.vyrtusshirts.com on which the seller markets the clothing products it makes or items made by third parties.
2.3. Product: clothing products made by the seller and/or third parties marketed by the seller. The product may be ready made or a custom-tailored piece of clothing made individually in a given size. .
2.4. Courier: any business association with a person or legal personality that delivers the products ordered to the delivery destination. The courier is not employed by or in any other employment type legal relationship with the seller, the delivery service is performed within the framework of a contract.
2.5. Contract inter absentees: a contract concluded by the parties without their concurrent physical presence within the framework of a product distance sales system in a manner that the contracting parties solely uses a device enabling communication between the parties absent to conclude the contract. An individual order is construed as a sale and purchase agreement between the parties within the framework of the present GTC.
2.6. Delivery address: the seller only delivers the order to the address provided in Hungary or in a member state of the European Union/European Economic Area and individually assesses and decides on deliveries to delivery addresses outside this territory.
2.7. Order No.: code used to identify the order.
2.8. Customer: any person or organisation that places an order to purchase a clothing product in our webshop. The customer may be a person over the age of eighteen, not restricted in his or her legal capacity or a business association or other organisation with independent legal personality structured according to Hungarian law. The seller solely serves the customer for private use, is entitled to unilaterally reject the satisfaction of orders placed by resellers or for the purpose of resale in an alternative manner. The seller is not obligated to check the employees of the customer and compliance with this condition; the customer makes a declaration to the seller by playing the order.
- SHOPPING PROCEDURE
3.1. Registration
Ordering is not subject to registration; however, an email address must be provided, via which the parties keep in contact in the future in connection with the specific orders. Registration is in any case free of charge and does not involve any obligation/commitment, with the exception of compliance with terms of use.
3.2. Placing the Order
3.2.1. Customers may order via the webshop by providing the product selected, its colour, size and quantity. The seller shall send a confirmation email on the receipt of the order together with the order number. The seller shall notify the customer without delay via email if it is unable to partially or fully satisfy the order. The seller shall endeavour, without bearing responsibility, to refund the purchase price in the original mode of payment if it is possibly unable to satisfy the order that has been paid for (the part of the order it is unable to satisfy) for whatever reason.
3.2.2. The customer shall receive detailed information in the webshop on expected delivery and conditions, as well as the name of the dispatcher or courier company and terms of delivery prior to finalising the order. The seller shall primarily, however, not exclusively, deliver the products via GLS courier (as ancillary service provider).
3.2.3. An individual contract is established between the parties by placing the order and the seller confirming it, which shall qualify as contract inter absentees.
3.2.4. The seller shall endeavour to provide information on stock in real time in the webshop; however, is unable to guarantee that any of the products offered in the webshop are definitely available in the given colour, size or stock. The seller explicitly reserves the right to withdraw products at any given time.
3.2.5. The seller shall endeavour to provide accurate information on the key features of products on its website and in the webshop, in particular, the fabric and the colour of products. At the same time, the seller notes that the cut and particularly the colour of the product may visually differ to the photo displayed in the webshop, which may highly depend on the monitor/screen used to view the webshop. The product size provided is approximate in the case of ready-made products, which is aligned to the sizes adjusted to the type of product and widely used in Europe.
3.3. Satisfying the Order
3.3.1. The seller shall make every effort to satisfy the order as soon as possible (preferably handing it over to the courier within 1-3 workdays); however, the stock and terms of delivery fundamentally influence the time of delivery.
3.3.2. The seller shall deliver the product (have it delivered by a collaborating third party) to the address provided by the customer, as regulated in the present.
3.3.3. The seller shall inform the customer in an email on the main steps of satisfying the order, in particular, handover of the product ordered to the courier.
3.4. Order Cancellation and Return
3.4.1. The customer may cancel the order within 30 (thirty) days of its receipt. The order may be cancelled via email or in person in any of the seller's showrooms at the time of the appointment made in advance. The seller shall certify cancellation to the customer via email. The customer may make a declaration of cancellation by issuing an explicit declaration or by filling in the sample declaration of cancellation detailed below.
Sample declaration of cancellation
Addressee: VESTURSHIRS Kft.
I, the undersigned customer, hereby declare to exercise my right of cancellation in connection with the sale and purchase agreement concluded in respect of the following products::
Order date/date of receipt of product:
Customer's name:
Customer's address:
Customer's signature: (only in the case of declarations made on paper)
Date:
3.4.2. By cancelling the order, the customer is obligated to return the products to the seller. The seller shall only accept products with the original label. The seller may refuse to accept any product that is not clean, is torn or damaged in any other manner, has been washed or come into contact with chemicals, its size has deformed, has been used (with the exception of trying it on once) or on which any of the labels are missing. The seller explicitly draws the customer's attention to how the product must be sent back in the original, undamaged package if it was sold in a special gift box; the seller is not obligated to accept the product without the box or if it is damaged. If it is not possible to return a given type of product (such as underwear), this shall be specified during the ordering process prior to the finalisation of the order. In light of the above, the customer is obligated to ensure that the product and the gift box is returned undamaged and in the package. The customer explicitly places orders in light of and by accepting these conditions.
3.4.3. Custom-tailored items or products altered in any other manner as ordered by the customer cannot be cancelled or returned.
3.4.4. The customer shall bear the costs arising in connection with returning the product owing to cancellation (in particular, the costs of packaging and return). Products of different orders may be sent back in the same package. The seller shall refund the costs of sending back, may deduct (include) the sum from the price to be paid owing to cancellation and duly certify this to the customer if the customer sends the product back in the cash on delivery package. The customer is obligated to return the cancelled product/products 14 (fourteen) days after making the declaration of cancellation.
3.4.5. The seller shall endeavour to refund the order paid, but cancelled in a manner identical to the original mode of payment and shall bear the related ancillary costs. The parties may also select an alternative mode of payment pursuant to the explicit consent of the customer, in order for the customer to avoid having to pay additional costs ensuing from the former. The customer shall be refunded within 14 (fourteen) days of cancellation if the state of the product returned to the seller meets the requirements stipulated in the present GTC; therefore, the seller may withhold the money to be refunded until it receives the product.
3.4.6. These rules equally apply to cancelled products in the case of partially cancelled orders.
3.4.7. The customer is explicitly entitled to cancel the order if the customer does not receive the products within 30 (thirty) days of the receipt of the order confirmation, except if this circumstance is attributable to the customer.
- Price and Terms of Payment
4.1. The prices are the current prices specified in the webshop and are inclusive of value added tax (total price).
4.2. Delivery is free of charge in the territory of Hungary (paid by the seller), while the costs of delivery to a foreign country are specified separately during the ordering process.
4.3. The seller may offer a discount from time to time or launch other promotions relating to the price of the products. However, the seller must sell the product at the discount price or according to other special terms throughout the duration of the promotion if the individual order meets these conditions.
4.4. The customer shall lose the right to a discount and must refund the discount used, if a discount is offered on the order owing to the quantity of products ordered or the total price of the order, but the customer in part subsequently cancels the order and, as such, the order decreased in quantity and total price fails to meet conditions for offering a discount. Deducting the sum from the price of the product sent back constitutes the primary mode of refund.
4.5. Discount vouchers. The seller may also offer a discount in the form of discount vouchers. One voucher may be used once and cannot be combined with other discounts.
4.6. The purchase price may be paid in advance by credit card or via transfer (via the OTP Simple Pay system) against the electronic invoice issued by the seller to the customer sent to the email address provided or in cash or by credit card in the case of cash on delivery.
4.7. Online credit card payment. The seller uses the OTP Simple Pay system for payments made by credit card. The data of the credit card used for payment must be provided while ordering and the seller shall immediately block the sum on its bank account. The seller explicitly reserves the right to verify the validity of the credit card and its data, as well as availability of coverage for payment. The seller may refuse to satisfy the order based on the outcome of these procedures. The seller may commission a third party bank service provider to carry out these checks.
4.8. Cash on delivery. The customer may, as selected, pay in cash or by credit card to the courier; however, payment by credit card must be specified in advance at the mode of payment section in the case of cash on delivery for the courier to be able to offer a mobile POS terminal upon delivery.
4.9. Payment when picking up. The purchase price must be paid in advance, via transfer or by credit card if the customer or his authorised representative picks up the product in person in the seller's showroom at a time negotiated in advance. It is not possible to pay the purchase price in the showroom.
- Liability, Warranty and Guarantee
5.1. The seller assumes full liability, warranty and guarantee in accordance with relevant legal regulations for products handed over in a faulty or damaged state. At the same time, the customer is obligated to notify the seller of warranty or guarantee claims as prescribed in the same legal regulations, in the form specified and according to the deadline set therein.
5.2. Within its scope of liability for damages, the seller shall solely bear liability for damages (in particular losses) that logically ensue from these types of contracts or for circumstances causing the damage of which the customer explicitly notified the seller in writing in advance and the seller agreed to compensate. In this regard, the seller explicitly excludes its liability for indirect damages (such as reliance damages), the failure to deliver a given product or failure to satisfy or partial satisfaction of any other obligation stipulated in the present GTC, if failure to satisfy or partial satisfaction is due to an unforeseeable event beyond the scope of control of the seller that was not expected to be prevented by the seller.
5.3. The seller limits its extent of liability to the value of the products it sold in the order.
5.4. In every other regard, the seller does not exclude or limit its liability in a manner or to an extent contrary to applicable legal regulations.
- Reservation of Rights
6.1. The customer acknowledges that the brand name "VYRTUS THE SHIRT" or other brand belonging to the brand name or to VESTURSHIRTS Ltd., as well as its visual and text display (trademark) constitutes the sole intellectual property and copyright of VESTURSHIRTS Ltd. The preliminary, explicitly written consent of the representative of the seller with power to sign is required to use the trademark in any manner (naturally, with the exception of use of the products for their intended purpose), according to and to the extent specified in the consent provided. In the absence of authorisation, it is prohibited to copy, record the trademark or use it in an unauthorised manner, for which the user shall bear liability.
6.2. The seller explicitly reserves its property right on any product until the customer takes possession of the product and pays the full purchase price and additional costs (in particular, the delivery fee).
- Miscellaneous
7.1. Confidentiality and Respecting the Reputation of the Parties
7.1.1.The parties shall confidentially handle the order, constituting an individual order, the terms and provisions of the present GTC, as well as every information pertaining to the legal relationship to be established between them and its fulfilment as a business secret. The parties specifically include order numbers, user data and the sum of the transaction, with which the data provider has deemed protected or confidential or of which the other party may for, no reason, believe that they are to handled confidentially, in the list of confidential information.
7.1.2. The confidentiality obligation does not extend to include information that is otherwise public. The confidentiality obligations also binds the parties for an indefinite period following the satisfaction of the order (therefore, following the termination of the individual contract).
7.1.3. The parties shall, throughout the duration of their cooperation, act by mutually respecting one another and shall refrain from displaying conduct or making statements that damage or may damage the reputation of the other party, in particular, if the conduct displayed were to damage the interests of football.
7.2. Data Processing
7.2.1. In light of the relevant statuary provisions, the seller shall primarily register and process customer data necessary for cooperation, of which data the seller may provide data to the courier that is required to establish and satisfy the delivery service contract or to handle possible complaints. In every other regard, the seller shall guarantee that unauthorised third parties do not have access to customer data.
7.2.2. Furthermore, providing the service offered by the seller in a contractual manner, checking that the service is provided and customer satisfaction is the aim of data processing. See Terms of Use for detailed rules regarding the newsletter.
7.2.3. Processing the personal data of the customer is based on provisions set forth in Act CXII of 2011 on informational self-determination and freedom of information (Freedom of Information Act) and Act C of 2000 on accounting. In light of how data processing applies to users that are customers of the controller, it is not necessary to register data processing in the data protection registry based on Section 30a) of the Freedom of Information Act.
7.3. Assignment
7.3.1. The seller may assign rights ensuing from the individual contract to persons listed under Section 8:2 of Act V of 2013 on the Civil Code (CC) without the consent of the customer.
7.3.2. The seller may not assign the individual contract to any third party without the preliminary written consent of the seller.
7.4. Law Applied, Handling Legal Disputes
7.4.1. Primarily Hungarian law, namely, provisions governing Act V of 2013 on the Civil Code and Government Decree 45/2014 (of 26 February) on the detailed ruled of contracts between consumers and companies shall prevail in respect of the individual contract and the present GTC, as well as matters not regulated therein.
7.4.2. In view of the mutual interests of the parties expressed in satisfying the legal relationship, the parties shall mutually inform one another of possible faults or defects found by the other party while providing the service to interpret the individual contract concluded and/or the GTC and its provisions and to prevent legal disputes ensuing from the legal relationship based on the contracts and their performance by providing the opportunity for the other party to make observations and eliminate these (handling complaints). Complaints may be made to the seller by contacting the seller via the contacts provided on the website (at its registered seat, via the phone number or email address provided). If the other party commits such a serious breach of contract based on which the aggrieved party may immediately terminate the contract, this shall be construed as unexpected complaint handling.
7.4.3. The parties shall primarily settle possible legal disputes ensuing from the conclusion of the individual contract and the GTC and its provisions, as well as the legal relationship and its fulfilment by way of negotiation as stipulated in the previous section. The parties have the opportunity to turn to the conciliation body competent in the registered seat of the seller or the place of residence of the customer (http://www.bekeltetes.hu/index.php?id=testuletek) or to the Online Dispute Resolution platform ensured by the European Commission
7.5. Scope and Amendment of the Present GTC
7.5.1. Every provision of the present GTC prevails in respect of the entire contractual relationship of the parties, except if the parties agree otherwise or if the individual contract sets forth a provision explicitly contrary to the GTC.
7.5.2. VESTURSHIRTS Ltd. may unilaterally amend the present GTC; however, is obligated to ensure that the currently valid GTC is always accessible in the webshop. The customer acknowledges and accepts that the provisions set forth in the present GTC are applicable in a binding manner to the individual contract concluded by way of ordering, including possible hyper-references used in or annexes to the present document.
7.6. Partial Invalidity
Should any given provision of the individual contract or the present GTC be or become null and void, or if any given provision becomes impossible to fulfil (jointly referred to as null and void provision), this does not make the given contract entirely invalid or null and void. The parties are obligated to remedy this and replace the null and void provision with a valid provision closest to their original contractual will and amend the contract in writing accordingly within 10 (ten) days of gaining knowledge of the null and void provision.
7.7. Exclusion of Renunciation of Rights
Failure to exercise or late exercising of any given right or right to legal remedy the parties are entitled to based on the individual contract or the present GTC cannot be interpreted as renunciation of this right or the right to legal remedy, while the partial or one-off exercising of a given right or right to legal remedy does not exhaust the opportunity to continue to exercise this right or right of legal remedy. In light of the above, a declaration of cancellation may only be made in a declaration addressed to the other party explicitly issued for this purpose.
7.8. Contact (Customer Service)
Contact details of the seller:
Address: 1052 Budapest, Petőfi Sándor utca 16
Tel.: ***
Email: vesturshirts@gmail.com
The seller operates a customer service at the addresses specified, to which complaints or other reports may be made.
By accepting the present GTC, the customer declares to explicitly acknowledge to have read and understood the provisions of the individual order and the present GTC, has taken steps to carefully think these through and accepts these provisions as binding.