Terms and Conditions

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions include the rights and obligations of the Client (hereinafter Customer)  resorting electronic sales services provided by

Dr. Simonovics János sole proprietor
Headquarters and mailing address: Pap Károly Street 12. 1/23
Tax number: 68788308-1-41

(hereinafter: Provider)
According to present General Terms and Conditions all natural person, legal person, or organizational unit without legal personality is a Customer,  to whom Provider sells products, or provides service through the website delusivebaits.com. Concerning present General Terms and Conditions Provider and Customer are hereinafter Parties.

  1. INFORMATION UPON THE ESTABLISHMENT OF AGREEMENT BETWEEN THE PARTIES

    1.1. The scope of present General Terms and Conditions covers all electronic sales services which happens on the website delusivebaits.com or its subpages (hereinafter: Website).

1.2. Provider operates a webshop on its Website (hereinafter: Webshop) for selling the products manufactured and distributed by Provider for Customers. Buying from the Webshop is possible by placing an order  in electronic way as defined in present General Terms and Conditions.

1.3. Any Natural Person, Legal person, or Organizational Unit without legal personality is entitled to resort the services of Provider’s Webshop, providing they have valid registration, recognizes Present General Terms and Conditions as obligatory, furthermore pays the price of the Product, the costs of delivery and in case of cash on delivery order the costs of COD. The Scope of present General Terms and Conditions does not cover contracts signed through present website, if the Provider has stipulated beforehands in written form.

1.4. By registrating on the website delusivebaits.com and buying a distance contract is established between Customer and Provider, and Customer submits to the Conditions of Purchase set in present Terms and Conditions.

1.5. For questions not regulated here the Civil Code, and the regulation 17/1999.(II.S.) Korm. concerning distance agreements apply.

1.6. The product description of Products to be sold through the Webshop includes the significant features of products, and instructions on their use.The purchase price in every cases is the gross price under the chosen product. The purchase price of the product does not include the costs of delivery.

1.7.  Provider reserves the right to change the prices of the products orderable from the Website providing the modification enters into force at the same time as it appears on the Website. The modification does not effect the price of products previoudly ordered, therefore it does not modify the agreement. Providing despite all diligence of Provider an incorrect price appears in the Webshop, particularly the obviously incorrect prices, eg. prices significantly different from the generally accepted, or estimated price, or ‘0’ Ft, ‘1’Ft prices due to system error, the Provider is not obliged to deliver the product for the incorrect price, but is allowed to offer delivery for the correct price, and Customer can withdraw from their intention of purchase.

1.8. Purchasing in the webshop is possible by placing an electronic order in the way defined in present General Terms and Conditions. Ordering, and contracting happens in Hungarian language in every cases. By accepting the order Provider and Customer establishes an agreement of purchase, its written form is the automatic confirmation email. The webshop delusivebaits.com, records the order,  and restores it according to the laws, so that it can be available in any questionable issues. The Agreement established between two parties, and its data cannot be given to a third party.

1.9. Provider delivers the products by GLS courier service within Hungary. In case of ordering more products at the same time Provider counts the order as one package.

1.10. Provider delivers products in the European Union by DPD courier service. In case of ordering outside the European Union please contact provider for the details (price and estimated time of delivery) by sending an email to the email address info@ delusivebaits.com .

The[SzL1]  product might be liable to duty, its lower limit and amount is set by that particular country.

1.11 Please, be informed, that in case of an order outside the European Union the product may be liable to duty, the lower limit and extent of duty shall be defined by the country.

1.12. Upon custom orders Provider fullfils individual requests on demand. In case of a Custom Order Request please contact provider using the contact us menu, or by sending an email to the email address info@ delusivebaits.com. After technical discussion among the Parties the order can be finalized by ordering the „Custom” product among different categories.

  1. THE ORDER 

2.1. Customer has the right to choose, or order from the products of the webshop.By clicking on the product chosen they can view a more detailed description of it. In case of purchase intent the product to be bought is placed in a virtual shopping cart by clicking on “in cart”. In the cart the product, or products placed in the cart during the shopping can be found, furthermore the price of delivery and the total amount of the invoice is indicated. At this point there is a possibility to check the correctness of the order and the prices in particular, and there is also a possibility for modifications. In this phase there is a possibility to cash coupon codes.After checking provided the Customer decides to purchase, and clicks on “continue to buy”  Customer makes a purchasing offer on the call for tender of the Provider, and at this point Customer can start paying the price of the product. They can choose whether they want to log in as a registrated customer, is a new customer and wishes to registrate themselves, or chooses to proceed purchase without registration. Provider ensures the opportunity for its Customers to view the data restored about them, modify, if neccessary, or delete their registration.In this phase Customer has to provide data for invoice and delivery, furthermore the payment suitable for the Customer. Provider has no liability for delays and other problems in delivery due to false or inaccurate order data.As soon as Customer ticked the “ I accept the terms and conditions of use and order”  reviewed and agrees with the content of the order, they place the order by clicking on “Send order”

2.2. Provider only accepts the order if the Customer fills all the fields required for the Order.

2.3. By placing the Order Customer claims that they fully accept, and recognize present General Terms and Conditions as obligatory.

2.4. After the arrival of the Purchase offer (Order) Provider shall confirm the purchase for the Customer in electronic form (via email). The agreement between the parties shall come into force by the arrival of this confirmation email. The agreement is for a fix term, and is terminated by the contractual performance of the Parties. Providing the confirmation email does not arrive within 48 hours after sending the purchase offer, Customer shall be exempted from the obligation to submit a tender offer, therefore the Agreement shall not be established between the parties.  The arrival of the confirmation email can be considered as received as soon as it is available for the Customer.

2.5. Upon the placement of the Order Customer implies an obligation  to pay.

  1. CONDITIONS OF PAYMENT AND SHIPPING 

3.1. Buying the products of Delusivebaits brand is possible by bank transfer, PayPal, or paying by credit card. Possibilities for payment of the purchase price:

  1. Direct Bank transfer

In case of a bank transfer upon the confirmation of the order Customer transfers the Purchase Price including the costs of delivery to the bank account of the Provider on the bank account under the number 10401804-86767166-49651004 held at K&H BANK.

Provider is not obliged to initiate shipping until the purchase price of the order arrives on their bank account. Provider sets a payment deadline of three bank days, if the price of the order does not arrive on the bank account of Provider, the Order is considered void.

Important! Please transfer the exact amount, and indicate the Order ID in the comment box!

Bank account number: 10401804-86767166-49651004

Account holding Financial Institution: K&H BANK

Name: Dr. Simonovics János sole proprietor

  1. PayPal

 In case of transfer in advance Provider only dispaches the product for the shipping company, providing the exact amount indicated in the order confirmation email (including the price of the product and the costs of shipping)  arrived on the bank account number in the confirmation email. In case of in advance transfer providing Customer does not meet their payment obligation within 30 days after the arrival of the confirmation email, Provider is entitled to withdraw from contract by unilateral declaration. In this case the Agreement is terminated without performance.

  1. Paying by credit card

In case of payment by credit card the Custumer can pay by using the Barion or PayPal. In case of pre-payment the Provider hands the package to the courier service only if the exact amount in the confirmation e-mail (price of the ordered product and delivery) was received by the Provider’s bank account.

3.2. Our prices are list prices valid at the time of order, and are indicated in the Webshop at each products, are gross prices, that include VAT.

The prices indicated do not include the costs of shipment that may arise. Provider shall send an electronic confirmation about each orders. If the product is on stock, the ordered product will be delivered from the stock. Upon payment of the order the manufacturing of the ordered product starts, Customer shall be informed via email as soon as the manufacturing of the product is finished. (email with the subject “Product is ready”).

3.3. In case of paying by Bank transfer, PayPal or by Credit card, if the product was ordered in the webshop and the product is in stock, it shall be delivered within 4-6 bank days after payment. In case of Personal Delivery the order can be picked up at a pre-arranged location and on time (this is possible only within Budapest and Pécs, at the points of delivery offered by the Delusivebaits team).

In case the product is out of stock, but the material neccessary for manufacturing is available in stock, production time takes maximum 3 weeks. In case of a custom order manufacturing may take longer (2-6 weeks) depending on how much time it requires to purchase the chosen product specialty. In this case the Customer shall be informed in details, delivery of the product shall happen upon prior agreement. We kindly ask our Customers to consider the time neccessary for production.

3.4. Delusivebaits brand takes safe and fast delivery of their products of high importance. Our aim is to make online buying easy by using high quality packaging materials and technology. Customer shall be informed about the exact time of delivery via email (email with the subject “delivery notification). The products ordered shall be delivered by GLS within Hungary and by DPD within the European Union. In case of ordering more products at the same time Provider counts the order as one package.

Price of delivery to Hungary (gross prices in HUF)

0 – 10.000.-HUF total amount of ordering fee: price of delivery is 1290.-HUF
above 10.000.- HUF total amount of ordering fee: price of delivery is free.

Price of delivery to Europe (gross prices in EUR)

The current rates in the EU Member States are shown in the table below:

Zone 1 Zone 2 Zone 3 Zone 4
    13,89 €     18,29 €     25,49 €     38,30 €
Zone Country (estimated shipping time*)
Zone 1 Austria (1-2), Croatia (1-2), Slovakia (1-2), Slovenia (1-2)
Zone 2 Belgium (3-4), Czech Republic (2-3), Hollandia (3-4), Polland (3), Litvania (4-5), Germany (2-3), Romania (2)
Zone 3 Bulgaria (3), Denmark (4), United Kingdom (4-5),  Estonia (4-5), France (4), Ireland (5), Latvia (6), Luxemburg (3-4), Italy (3-4), Sweden (4-5)
Zone 4 Greece ** (3), Finland (4-5), Portugalia (4-5), Spain (4-5)
*Estimated shipping times are in brackets next to the county names. A szállítási idők nem garantáltak. ** Island Crete (Greece) – additional 3.6€; for other islands additional 11€ extra fee needed.[SzL2] 

In case of ordering outside the European Union please contact provider for the details (price and estimated time of delivery) by sending an email to the email address info@ delusivebaits.com .

3.5. The product ordered shall be delivered between 8:00 AM and 6:00 PM by the shipping company of Provider[SzL3] .

3.6. The Customer shall make sure upon delivery that both in quantity and quality the product complies the conditions set in the order. The product shall be delivered in unopened and un by the shipping company to the delivery address indicated in the confirmation email. The packaging is considered unopened, unharmed and original only if it is equipped with a safety seal by Provider. Providing Customer experiences[SzL4]  In case of the Custumer recognizes any harm or discrepancy on outer packaing, Deliverer is Obliged to deliver the product itemized and draw up minutes on spot. In case of any shortcomings please inform our company via email (info@delusivebaits.com )

  1. WARRANTY,  RIGHT OF WITHDRAWAL Thank you for choosing a premium quality Delusivebaits product. Products of Delusivebaits are 100% handicraft products for which we use quality materials. Delusivebaits’ products are manufactured in Hungary, in our own workshop, by hand-making, so there are no products completely alike.       

4.1 Provider is obliged to give warranty according to the law no V. 2013. plus the regulation 45/2014. (II.26.)

4.2. Implied warranty period:

The implied warranty period for our product covers 6 months after purchasing. In case the Customer experiences any irregularity or problems during the warranty period, they should inform the provider with no delay via email (info@delusivebaits.com).

The existence of the invoice of Purchase is also a condition of warranty. Beyond 6 months after purchasing until the end of 2 years expressed warranty period in case of disagreement Customer can prove on their on cost that the reason of malfunction is a production error that the product already had at the time of purchase.

4.3. Conditions of implied warranty:  We guarantee that the products of Delusivebaits are new, high quality, original, flawless products. Average usage time besides proper usage and complying with the user’s guide ensures that the quality of the product is preserved, and increases the life span of the product. Signs of usage may be visible after a certain time of using the product, these cannot be attributed as defficiancy.

Defections and injuries resulting from improper use are not part of the warranty.

4.4. Ensuring warranty: Warranty can be validated in the following ways:

  1. Reparation of product, in case it is possible
  2. Replacement of product, in case the product is not repairable
  3. Refund of the price of the product, in case neither reparation, nor replacement is possible.

In the following cases warranty cannot be validated:

  1. Product failure due to improper use
  2. Long-lasting fading, color loss, color change due to strong environmental impact (UV radiation).
  3. Any intervention, repair or alteration made by an unauthorized person, including tensioning the product,
  4. If the product has a reduced value (ie the reason for the downgrade is a quality error).

4.5. Warranty does not cover:

  1. Small air cushions on the resin layer, which does not affect the appearance of the product.
  2. Minor appearance errors due to handicraft production (painting, waxing, minor shapes / sizes).

4.6. Right to withdraw from the purchase:

In case of an online order the Customer can withdraw from the purchase within 14 days from purchase. To validate the right to withdraw from purchase please, inform us via email (info@delusivebaits.com) about the intention of withdrawal, the day of returning the product and the package number (if there is a package number) and the method of refund.

The costs of returning the product in perfect condition shall be paid buy the Customer. Providing the product is returned in perfect condition, Provider refunds the price of the Product in the predefined way.

4.7. Options for enforcement of rights

Customer may be informed concerning Customer Rights under the following link

http://fogyasztovedelem.kormany.hu/

The Hungarian National Consumer protection Authorities (NFH) has become a part of Ministry of National Development. Due to the transformation the first degree consumer protection authority duties are dealt with by district offices from January 1st,  2017. Consumers can contact the territorially competent district offices regarding complaints.

availabilities: http://jarasinfo.gov.hu/

The second degree consumer authority duties, which were dealt with by the Ministry of Development earlier, are part of Pest County government office now.

European Consumer Centers – http://magyarefk.hu/

The Hungarian organization of the network of European Consumer Centers takes an important role in cross-boarder consumer protection, resolving cross-boarder consumer complaints and informing consumers.

Online despute resolution

https://webgate.ec.europa.eu/odr/main/?event=main.home.show

This online platform has been created by EU for consumers who wish to make a complaint regarding products or services bought online, and would like to invite a third party (Dispute Settlement Body) to deal with the complaint.

  1. OTHERS 

5.1. Providing the Customer places an order in the webshop, it is presumed that Customer is aware of regulations and the necessary technical information on purchasing online. For problems that may arise due to lack of this information, malfunction of electronic devices, or telecommunication services Provider does not take liability.

5.2. Provider is not liable for any harm that arises due to connection to the Website. The Customer is responsible for protecting their computer and all data restored on it.

5.3. In the Webshop each products are introduced with picture and description in order to make choosing the product and deciding on purchase easier. Besides, we would like to inform the Customer, that the pictures on the Website are only illustrations, and the actual Product may differ from what is visible in the pictures.

5.4. The Webshop reserves the right to make changes in the price without notice. The prices and the range of Products may change or expand from time to time. In case of a change in the price the Product ordered before the change shall be delivered for the price indicated at the time of the order.

5.5. On occasion we offer promotion. The promotion is indicated clearly in the Webshop signing the promotional products and the regarding discount. In case of a promotional product the promotion lasts until the date provided, or availability of the product.

5.6. Provider is entitled to change the conditions of present General Terms and Conditions any time. However the modification of General Terms and Conditions does not impact the Agreements, or their conditions established prior modification.

5.7. Regarding legal disputes based on present General Terms and Conditions – depending on Treshold – The Pest County District Court has exclusive competence and authority providing the competence or jurisdiction of other court does not exist based on overriding statutory provision. Concerning relationship between Provider and its Customers solely the laws of Republic of Hungary can be applied. In case of a dispute which may arise the Parties shall first attempt to resolve by negotiation and reconciliation.

5.8. Customer can validate their disputes arising from present General Terms and Conditions by lawsuit or other legal means, and is also entitled to initiate procedure of Mediation Body of Budapest, which is authorized at the location of Provider.

Location of Mediation Body of Budapest:
1016 Budapest, Krisztina krt. 99. III. em. 310.
Mailing address: 1253 Budapest, Pf.: 10.
Email: bekelteto.testulet@bkik.hu
Fax: 06 (1) 488 21 86
Telephone: 06 (1) 488 21 31

Last modification: 2019. feburár 04.


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